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[Congressional Record Volume 141, Number 76 (Tuesday, May 9, 1995)]
[House]
[Pages H4550-H4551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                   JOB SKILLS DEVELOPMENT ACT OF 1995

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 4, 1995, the gentleman from Michigan [Mr. Knollenberg] is 
recognized during morning business for 5 minutes.
  Mr. KNOLLENBERG. Mr. Speaker, today I am introducing the Job Skills 
Development Act of 1995. This bill amends the Fair Labor Standards Act 
of 1938 to ease the restrictions on volunteers.
  The FLSA requires covered employers to compensate individuals defined 
as ``employees'' according to mandatory minimum wage and overtime 
requirements. While there are exceptions to the employer-employee 
relationship for volunteers, the restrictions on permissable volunteer 
activities are excessively rigid.
  As a result, individuals seeking to gain valuable work experience and 
exposure in a competitive profession by volunteering their services to 
an employer are often prohibited from doing so, even if the individual 
has no expectation of receiving compensation and adamantly denies that 
they are an employee.
  When determining whether or not an individual is a volunteer and 
exempt from the minimum wage and overtime requirements of the FLSA, the 
Department of Labor and the Federal courts take into consideration the 
type of services provided by an individual, who benefits from the 
rendering of the services, and how long it takes to provide the 
services.
  Because business-related services are not considered to be typical 
volunteer activities, individuals are often prohibited from 
volunteering their services to businesses in exchange for work 
experience.
  The Department of Labor has carved out exceptions for student 
learners and trainees. However, if an employer gains an immediate 
advantage from the services provided by a volunteer, the Department of 
Labor will consider the volunteer to be an employee and require that 
the individual be paid the minimum wage.
  The restrictions on volunteer activities are intended to safeguard 
against employer coercion. Protecting workers from unscrupulous 
employers is an important goal and must be preserved in our labor laws. 
However, the current immediate advantage test is too restrictive and 
should be altered.
  The Job Skills Development Act eases the restrictions on volunteer 
activities without jeapordizing the important safeguards against 
employer coercion and worker displacement. These changes will help 
recent college graduates and individuals who have been out of the work 
force develop professional skills and gain experience.
  Today, individuals face many obstacles in landing good jobs. 
Unfortunately, the FLSA imposes unnecessary burdens on ambitious 
individuals. Allowing businesses to provide opportunities for 
volunteers will benefit both employers and individuals attempting to 
break into a crowded job field.
  Capitol Hill provides an excellent example of the benefits of 
allowing individuals to volunteer their services to employers. Young 
individuals participating in unpaid congressional internships gain a 
better understanding of the legislative process, develop office skills 
and make contacts that are invaluable in securing employment.
  In my Washington office, six of my eight employees were unpaid 
interns before landing jobs on Capitol Hill. Two of my staffers 
volunteered in my office for several months before they were hired on 
as full-time paid employees. Both of these individuals have been 
promoted twice during the last year.
  Because these two staffers were recent college graduates and produced 
work that benefited my office during their internships, they would have 
been prohibited from volunteering their services if I would have been 
forced to comply with the Fair Labor Standards Act.
  On the opening day of the 104th Congress, we passed legislation that 
brings 
[[Page H4551]] us under the Nation's labor laws. The Congressional 
Accountability Act exempts interns from the employer-employee 
relationship covered by the Fair Labor Standards Act.
  Mr. Speaker, Congress should give individuals attempting to gain 
competitive private sector jobs the same opportunities that individuals 
wishing to work on Capitol Hill have enjoyed for years. I urge my 
colleagues to support the Job Skills Development Act of 1995.

                          ____________________
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