A bill to amend the Fair Labor Standards Act of 1938 to authorize the provision of compensatory time in lieu of overtime compensation for employees of States, political subdivisions of States, and interstate governmental agencies, to lengthen the workweek of firefighters, to clarify the application of the Act to volunteers, and for other purposes.

Summary

Amends the Fair Labor Standards Act of 1938 (the Act) to allow State, local, or interstate governmental agencies to provide compensatory time in lieu of overtime compensation. Requires that such compensatory time be one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Allows such compensatory time only if it is not prohibited under a collective bargaining agreement. Requires that each such employee, upon entering employment with the public agency, be given an opportunity to elect to receive compensatory time in lieu of overtime compensation during the 12-month period following such election. Adds provisions relating to special detail work for fire protection and law enforcement (including prison security) employees of State, local, or intergovernmental agencies. Provides that any such employee who voluntarily agrees to be employed by another employer in fire protection, law enforcement, or related activities shall not be considered an employee of such State, local, or intergovernmental agency during the period of employment by the other employer. Extends the permissible workweek before overtime is required for fire protection employees of State, local, or intergovernmental agencies. Provides that an overtime rate is required only for their tours of duty which in the aggregate exceed 224 hours in a work period of 28 consecutive days or a similar ratio of hours to consecutive days in any case of an established work period from at least seven but less than 28 days. Revises the definition of "employee" under the Act to exclude any volunteer for a State, local, or interstate governmental agency who volunteers to perform such services without compensation or for expenses or a nominal fee. Provides that no State, local, or interstate governmental agency shall be liable under penalty provisions of the Act for violations of overtime requirements occurring before the date of enactment of this Act.

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1 official file

• Introduced in House

  summary · EN · 20 September 1985

  Open at official source

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