IB

Union Calendar No. 115

104TH CONGRESS

1ST SESSION H. R. 1225

[Report No. 104–219]

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 1995

Mr. FAWELL (for himself, Mr. BARRETT of Nebraska, Mr. ANDREWS, Mr.

HOEKSTRA, and Mr. CHRISTENSEN) introduced the following bill; which

was referred to the Committee on Economic and Educational Opportunities

AUGUST 1, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1225 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘The Court Reporter

3 Fair Labor Amendments of 1995’’.

4 SEC. 2. LIMITATION ON COMPENSATORY TIME FOR COURT

5 REPORTERS.

6 Section 7(o) of the Fair Labor Standards Act of 1938

7 (29 U.S.C. 207(o)) is amended—

8 (1) by redesignating paragraph (6) as para9 graph (7); and

10 (2) by inserting after paragraph (5) the follow11 ing new paragraph:

12 ‘‘(6) A public agency may not be considered to be

13 in violation of subsection (a) with respect to an employee

14 who performs court reporting transcript preparation du15 ties if such public agency and such employee have an un16 derstanding that the time spent performing such duties

17 outside of normal working hours or regular working days

18 is not considered as hours worked for the purposes of sub19 section (a).’’.

20 SEC. 3. EFFECTIVE DATE OF AMENDMENTS.

21 The amendments made by section 2 shall take effect

22 as if included in the provisions of the Fair Labor Stand23 ards Act of 1938 to which such amendments relate, except

24 that such amendments shall not apply to an action—

25 (1) that was brought in a court involving the

26 application of section 7(a) of such Act to an em-
3

•HR 1225 RH

1 ployee who performed court reporting transcript

2 preparation duties; and

3 (2) in which a final judgment has been entered

4 on or before the date of enactment of this Act.

5 SECTION 1. SHORT TITLE.

6 This Act may be cited as the ‘‘Court Reporter Fair

7 Labor Amendments of 1995’’.

8 SEC. 2. LIMITATION ON OVERTIME COMPENSATION FOR

9 COURT REPORTERS.

10 Section 7(o) of the Fair Labor Standards Act of 1938

11 (29 U.S.C. 207(o)) is amended—

12 (1) by redesignating paragraph (6) as para13 graph (7); and

14 (2) by inserting after paragraph (5) the follow15 ing new paragraph:

16 ‘‘(6) The hours an employee of a public agency per17 forms court reporting transcript preparation duties shall

18 not be considered as hours worked for the purposes of sub19 section (a) if—

20 ‘‘(A) such employee is paid at a per-page rate

21 which is not less than—

22 ‘‘(i) the maximum rate established by State

23 law or local ordinance for the jurisdiction of

24 such public agency,
4

•HR 1225 RH

1 ‘‘(ii) the maximum rate otherwise estab2 lished by a judicial or administrative officer and

3 in effect on July 1, 1995, or

4 ‘‘(iii) the rate freely negotiated between the

5 employee and the party requesting the tran6 script, other than the judge who presided over the

7 proceedings being transcribed, and

8 ‘‘(B) the hours spent performing such duties are

9 outside of the hours such employee performs other

10 work (including hours for which the agency requires

11 the employee’s attendance) pursuant to the employ12 ment relationship with such public agency.

13 For purposes of this section, the amount paid such employee

14 in accordance with subparagraph (A) for the performance

15 of court reporting transcript preparation duties, shall not

16 be considered in the calculation of the regular rate at which

17 such employee is employed.’’.

18 SEC. 3. EFFECTIVE DATE.

19 The amendments made by section 2 shall apply after

20 the date of the enactment of this Act and with respect to

21 actions brought in a court after the date of the enactment

22 of this Act.

Union Calendar No. 115

104TH CONGRESS

1ST SESSION H. R. 1225

[Report No. 104–219]

A BILL

To amend the Fair Labor Standards Act of 1938

and for other purposes.quirements applicable to certain public agencies,reporting duties from the compensatory time reto exempt employees who perform certain court

AUGUST 1, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and