I 

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. 

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

3 SECTION 1. LIMITED EXEMPTION FOR DISASTER OR CA4 TASTROPHE CLAIMS ADJUSTERS. 

5 Section 7 of the Fair Labor Standards Act of 1938 

6 (29 U.S.C. 207) is amended by adding at the end the fol7 lowing: 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•HR 1001 IH

1 ‘‘(s)(1) The provisions of this section shall not apply 

2 for a period of 2 years after the occurrence of a major 

3 disaster to any employee— 

4 ‘‘(A) employed to adjust or evaluate claims 

5 resulting from or relating to such major dis6 aster, by an employer not engaged, directly or 

7 through an affiliate, in underwriting, selling, or 

8 marketing property, casualty, or liability insur9 ance policies or contracts; 

10 ‘‘(B) who receives from such employer on 

11 average weekly compensation of not less than 

12 $591.00 per week or any minimum weekly 

13 amount established by the Secretary, whichever 

14 is greater, for the number of weeks such em15 ployee is engaged in any of the activities de16 scribed in subparagraph (C); and 

17 ‘‘(C) whose duties include any of the fol18 lowing: 

19 ‘‘(i) interviewing insured individuals, 

20 individuals who suffered injuries or other 

21 damages or losses arising from or relating 

22 to a disaster, witnesses, or physicians; 

23 ‘‘(ii) inspecting property damage or 

24 reviewing factual information to prepare 

25 damage estimates; 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•HR 1001 IH

1 ‘‘(iii) evaluating and making rec2 ommendations regarding coverage or com3 pensability of claims or determining liabil4 ity or value aspects of claims; 

5 ‘‘(iv) negotiating settlements; or 

6 ‘‘(v) making recommendations regard7 ing litigation. 

8 ‘‘(2) Notwithstanding any other provision of 

9 section 18, in the event of a major disaster, this Act 

10 exclusively shall govern all such employers in lieu of 

11 any State or other Federal law or regulation or local 

12 law or regulation, with respect to the employees de13 scribed in paragraph (1). 

14 ‘‘(3) The exemption in this subsection shall not 

15 affect the exemption provided by section 13(a)(1). 

16 ‘‘(4) For purposes of this subsection— 

17 ‘‘(A) the term ‘major disaster’ means any 

18 natural catastrophe, including any hurricane, 

19 tornado, storm, high water, wind driven water, 

20 tidal wave, tsunami, earthquake, volcanic erup21 tion, landslide, mudslide, snowstorm, or 

22 drought, or, regardless of cause, any other ca23 tastrophe, including fire, flood, explosion, land 

24 collapse, avalanche, or pollutant or chemical re25 lease; 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•HR 1001 IH

1 ‘‘(B) the term ‘employee employed to ad2 just or evaluate claims resulting from or relat3 ing to such major disaster’ means an individual 

4 who timely secured or secures a license required 

5 by applicable law to engage in and perform the 

6 activities described in clauses (i) through (v) of 

7 paragraph (1)(C) relating to a major disaster, 

8 and is employed by an employer that maintains 

9 worker compensation insurance coverage or pro10 tection for its employees, if required by applica11 ble law, and withholds applicable Federal, 

12 State, and local income and payroll taxes from 

13 the wages, salaries and any benefits of such em14 ployees; and 

15 ‘‘(C) the term ‘affiliate’ means a company 

16 that, by reason of ownership or control of twen17 ty-five percent (25%) or more of the out18 standing shares of any class of voting securities 

19 of one or more companies, directly or indirectly, 

20 controls, is controlled by, or is under common 

21 control with, another company.’’. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS