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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1001 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1001

  To amend the Fair Labor Standards Act of 1938 to provide a specific 
 limited exemption from the overtime pay requirements of such Act for 
work related to disaster or catastrophe claims adjustment after a major 
                               disaster.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 2013

   Mr. Bonner (for himself, Mr. Hastings of Florida, and Mr. Payne) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
  To amend the Fair Labor Standards Act of 1938 to provide a specific 
 limited exemption from the overtime pay requirements of such Act for 
work related to disaster or catastrophe claims adjustment after a major 
                               disaster.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITED EXEMPTION FOR DISASTER OR CATASTROPHE CLAIMS 
              ADJUSTERS.

    Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) 
is amended by adding at the end the following:
    ``(s)(1) The provisions of this section shall not apply for a 
period of 2 years after the occurrence of a major disaster to any 
employee--
                    ``(A) employed to adjust or evaluate claims 
                resulting from or relating to such major disaster, by 
                an employer not engaged, directly or through an 
                affiliate, in underwriting, selling, or marketing 
                property, casualty, or liability insurance policies or 
                contracts;
                    ``(B) who receives from such employer on average 
                weekly compensation of not less than $591.00 per week 
                or any minimum weekly amount established by the 
                Secretary, whichever is greater, for the number of 
                weeks such employee is engaged in any of the activities 
                described in subparagraph (C); and
                    ``(C) whose duties include any of the following:
                            ``(i) interviewing insured individuals, 
                        individuals who suffered injuries or other 
                        damages or losses arising from or relating to a 
                        disaster, witnesses, or physicians;
                            ``(ii) inspecting property damage or 
                        reviewing factual information to prepare damage 
                        estimates;
                            ``(iii) evaluating and making 
                        recommendations regarding coverage or 
                        compensability of claims or determining 
                        liability or value aspects of claims;
                            ``(iv) negotiating settlements; or
                            ``(v) making recommendations regarding 
                        litigation.
            ``(2) Notwithstanding any other provision of section 18, in 
        the event of a major disaster, this Act exclusively shall 
        govern all such employers in lieu of any State or other Federal 
        law or regulation or local law or regulation, with respect to 
        the employees described in paragraph (1).
            ``(3) The exemption in this subsection shall not affect the 
        exemption provided by section 13(a)(1).
            ``(4) For purposes of this subsection--
                    ``(A) the term `major disaster' means any natural 
                catastrophe, including any hurricane, tornado, storm, 
                high water, wind driven water, tidal wave, tsunami, 
                earthquake, volcanic eruption, landslide, mudslide, 
                snowstorm, or drought, or, regardless of cause, any 
                other catastrophe, including fire, flood, explosion, 
                land collapse, avalanche, or pollutant or chemical 
                release;
                    ``(B) the term `employee employed to adjust or 
                evaluate claims resulting from or relating to such 
                major disaster' means an individual who timely secured 
                or secures a license required by applicable law to 
                engage in and perform the activities described in 
                clauses (i) through (v) of paragraph (1)(C) relating to 
                a major disaster, and is employed by an employer that 
                maintains worker compensation insurance coverage or 
                protection for its employees, if required by applicable 
                law, and withholds applicable Federal, State, and local 
                income and payroll taxes from the wages, salaries and 
                any benefits of such employees; and
                    ``(C) the term `affiliate' means a company that, by 
                reason of ownership or control of twenty-five percent 
                (25%) or more of the outstanding shares of any class of 
                voting securities of one or more companies, directly or 
                indirectly, controls, is controlled by, or is under 
                common control with, another company.''.
                                 <all>
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