[104th Congress Public Law 26]
[From the U.S. Government Printing Office]
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[DOCID: f:publ26.104]
Public Law 104-26
104th Congress
An Act
To amend the Fair Labor Standards Act of 1938 to exempt employees who
perform certain court reporting duties from the compensatory time
requirements applicable to certain public agencies, and for other
purposes. <<NOTE: Sept. 6, 1995 - [H.R. 1225]>>
Be it enacted by the Senate and House of Representatives of the
United States of America <<NOTE: Court Reporter Fair Labor Amendments of
1995.>> in Congress assembled,
SECTION 1. <<NOTE: 29 USC 201 note.>> SHORT TITLE.
This Act may be cited as the ``Court Reporter Fair Labor Amendments
of 1995''.
SEC. 2. LIMITATION ON OVERTIME COMPENSATION FOR COURT REPORTERS.
Section 7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C.
207(o)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) The hours an employee of a public agency performs court
reporting transcript preparation duties shall not be considered as hours
worked for the purposes of subsection (a) if--
``(A) such employee is paid at a per-page rate which is not
less than--
``(i) the maximum rate established by State law or
local ordinance for the jurisdiction of such public
agency,
``(ii) the maximum rate otherwise established by a
judicial or administrative officer and in effect on July
1, 1995, or
``(iii) the rate freely negotiated between the
employee and the party requesting the transcript, other
than the judge who presided over the proceedings being
transcribed, and
``(B) the hours spent performing such duties are outside of
the hours such employee performs other work (including hours for
which the agency requires the employee's attendance) pursuant to
the employment relationship with such public agency.
For purposes of this section, the amount paid such employee in
accordance with subparagraph (A) for the performance of court reporting
transcript preparation duties, shall not be considered in the
calculation of the regular rate at which such employee is employed.''.
SEC. 3. <<NOTE: 29 USC 207 note.>> EFFECTIVE DATE.
The amendments made by section 2 shall apply after the date of the
enactment of this Act and with respect to actions brought in a court
after the date of the enactment of this Act.
Approved September 6, 1995.
LEGISLATIVE HISTORY--H.R. 1225:
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HOUSE REPORTS: No. 104-219 (Comm. on Economic and Educational
Opportunities).
CONGRESSIONAL RECORD, Vol. 141 (1995):
Aug. 1, considered and passed House.
Aug. 5, considered and passed Senate.
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