I
104TH CONGRESS
1ST SESSION
H. R. 2531
To amend the Fair Labor Standards Act of 1938 to clarify the exemption
for houseparents from the minimum wage and maximum hours require-
ments of that Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 25, 1995
Mr. HUTCHINSON (for himself, Mr. GOODLING, Mr. ARCHER, Mr. TALENT,
Mr. FAWELL, Mr. CANADY of Florida, Mr. PETRI, Mr. GRAHAM, Mr.
GREENWOOD, Mr. FUNDERBURK, Mr. HOEKSTRA, Mr. CUNNINGHAM,
Mr. GUNDERSON, Mr. BARRETT of Nebraska, Mr. KNOLLENBERG, Mr.
MCINTOSH, Mr. MCKEON, Mr. SOUDER, Mr. NORWOOD, Mrs. MEYERS
of Kansas, Mr. EWING, Mr. INGLIS of South Carolina, Mr. SMITH of
Texas, Mr. EDWARDS, Mr. CHRISTENSEN, Mr. QUILLEN, Mr. CRANE,
and Mr. LIPINSKI) introduced the following bill; which was referred to
the Committee on Economic and Educational Opportunities
A BILL
To amend the Fair Labor Standards Act of 1938 to clarify
the exemption for houseparents from the minimum wage
and maximum hours requirements of that Act, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REFERENCE.
Whenever in this Act an amendment is expressed in
terms of an amendment to a section or other provision,
the reference shall be considered made to a section or
other provision of the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.).
SEC. 2. DEFINITION OF HOUSEPARENT.
Section 3 (29 U.S.C. 203) is amended by adding at
the end thereof the following:
‘‘(y) ‘Houseparent’ means any person employed by a
nonprofit institution as a child-care worker, either as a
member of a married couple or as a single person (1) to
serve as a substitute parent for children who do not live
with their own families, and (2) to reside in a family like
setting with such children. The activities engaged in as
a houseparent shall not be considered to be commerce or
in the production of goods for commerce or a part of such
an enterprise, even on an individual basis, for purposes
of this section or section 6 or 7 (29 U.S.C. 203, 206, and
207).’’.
SEC. 3. MINIMUM WAGE AND MAXIMUM HOURS EXEMPTION
FOR HOUSEPARENTS.
Section 13(a) (29 U.S.C. 213(a)) is amended by
striking the period at the end of paragraph (16) and in-
serting ‘‘; or’’ and by adding at the end thereof the follow-
ing:
‘‘(17) any employee who is employed by a non-
profit institution to serve as a houseparent for
abused, neglected, delinquent, orphaned, homeless,
or emotionally impaired children, when—
‘‘(A) such children’s primary residence is
in the residential facilities of such institution,
‘‘(B) such houseparent resides with such
children in the residential facilities of such in-
stitution for at least 72 hours a week, and
‘‘(C) such houseparent receives, without
cost, board and lodging from such institution
and is compensated, on a cash basis, at an an-
nual rate of not less than $8,000.’’.
SEC. 4. CONFORMING AMENDMENTS.
(a) SECTION 3.—The first sentence of section 3(r)(1)
(29 U.S.C. 203(r)(1)) is amended by inserting before the
period the following: ‘‘or a houseparent’’.
(b) SECTION 13.—Subsection (b) of section 13 (29
U.S.C. 213) is amended by striking out paragraph (24).
Æ