such work was any other work, the employee engaged in
such work may accrue not more than 240 hours of com-
pensatory time for hours worked after April 15, 1986. Any
such employee who, after April 15, 1986, has accrued 480
or 240 hours, as the case may be, of compensatory time
off shall, for additional overtime hours of work, be paid
overtime compensation.
‘‘(B) If compensation is paid to an employee de-
scribed in subparagraph (A) for accrued compensatory
time off, such compensation shall be paid at the regular
rate earned by the employee at the time the employee re-
ceives such payment.
‘‘(6)(A) An employee of an employer which is not a
public agency who has accrued compensatory time off au-
thorized to be provided under paragraph (1) shall, upon
the voluntary or involuntary termination of employment,
be paid for the unused compensatory time at a rate of
compensation not less than—
‘‘(i) the average regular rate received by such
employee during the period during which the com-
pensatory time was accrued, or
‘‘(ii) the final regular rate received by such em-
ployee,
whichever is higher.
‘‘(B) An employee of an employer which is a public
agency who has accrued compensatory time off authorized
to be provided under paragraph (1) shall, upon the vol-
untary or involuntary termination of employment, be paid
for the unused compensatory time at a rate of compensa-
tion not less than—
‘‘(i) the average regular rate received by such
employee during the last 3 years of the employee’s
employment, or
‘‘(ii) the final regular rate received by such em-
ployee,
whichever is higher.
‘‘(C) Any payment owed to an employee under this
subsection for unused compensatory time shall be consid-
ered unpaid overtime compensation.
‘‘(7) An employee—
‘‘(A) who has accrued compensatory time off
authorized to be provided under paragraph (1), and
‘‘(B) who has requested the use of such com-
pensatory time,
shall be permitted by the employee’s employer to use such
time within a reasonable period after making the request
if the use of the compensatory time does not unduly dis-
rupt the operations of the employer.’’; and
(2) by redesignating paragraphs (6) and (7) as
paragraphs (8) and (9), respectively.
SEC. 3. REMEDIES.
Section 16 of the Fair Labor Standards Act of 1938
(29 U.S.C. 216) is amended—
(1) in subsection (b), by striking ‘‘(b) Any em-
ployer’’ and inserting ‘‘(b) Except as provided in
subsection (f), any employer’’; and
(2) by adding at the end the following:
‘‘(f) An employer which is not a public agency and
which violates section 7(o)(3) shall be liable to the em-
ployee affected in the amount of the rate of compensation
(determined in accordance with section 7(o)(6)(A)) for
each hour of compensatory time accrued by the employee
and in an additional equal amount as liquidated damages
reduced by the amount of such rate of compensation for
each hour of compensatory time used by such employee.’’.
SEC. 4. NOTICE TO EMPLOYEES.
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Labor shall revise the
materials the Secretary provides, under regulations pub-
lished at 29 C.F.R. 516.4, to employers for purposes of
a notice explaining the Fair Labor Standards Act of 1938
to employees so that such notice reflects the amendments
made to such Act by this Act.
Passed the House of Representatives July 30, 1996.
Attest:
Clerk.