I 
113TH CONGRESS 
1ST SESSION H. R. 3179 
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 
SEPTEMBER 25, 2013 
Mr. HUDSON (for himself, Mr. HASTINGS of Florida, Mr. PAYNE, Mr. 
MCKEON, Mr. MCINTYRE, Mr. BACHUS, Mr. GARCIA, Ms. WILSON of 
Florida, Mr. ENYART, Mr. WILSON of South Carolina, Mr. HUNTER, Mr. 
ROONEY, Ms. WASSERMAN SCHULTZ, Mr. SALMON, Mr. ANDREWS, Mr. 
BISHOP of New York, Mr. COLE, and Mr. RICHMOND) introduced the fol-
lowing 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 re-
quirements 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. LIMITED EXEMPTION FOR DISASTER OR CA-
TASTROPHE 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 fol-
lowing: 
‘‘(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 re-
sulting from or relating to such major disaster, by 
an employer not engaged, directly or through an af-
filiate, in underwriting, selling, or marketing prop-
erty, casualty, or liability insurance policies or con-
tracts; 
‘‘(B) who receives from such employer on aver-
age weekly compensation of not less than $591.00 
per week or any minimum weekly amount estab-
lished 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, indi-
viduals who suffered injuries or other damages 
or losses arising from or relating to a disaster, 
witnesses, or physicians; 
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‘‘(ii) inspecting property damage or review-
ing factual information to prepare damage esti-
mates; 
‘‘(iii) evaluating and making recommenda-
tions 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 nat-
ural 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, 
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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 se-
cured 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 cov-
erage 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 per-
cent (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.’’. 
Æ 
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