```

[Journal of the House of Representatives, 1995]
[Tuesday, August 1, 1995 (106), Para 106.13 Court Reporter Fair Labor Amendments]
[Page 1235]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.106.13  court reporter fair labor amendments

  On motion of Mr. FAWELL, by unanimous consent, the Committee of the 
Whole House on the state of the Union was discharged from further 
consideration of the bill (H.R. 1225) 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.
  When said bill was considered and read twice.
  The following amendment in the nature of a substitute, recommended by 
the Committee on Economic and Educational Opportunities, was then agreed 
to:
       Strike out all after the enacting clause and insert:

     SECTION 1. 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. 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.

  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title, and passed.
  A motion to reconsider the vote whereby the bill, as amended, was 
passed was, by unanimous consent, laid on the table.
  Ordered, That the Clerk request the concurrence of the Senate in said 
bill.
```