I
107TH CONGRESS
1ST SESSION
H. R. 3070
To amend the Fair Labor Standards Act of 1938 to ensure the protection
of employees in travelling sales crews, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 9, 2001
Mr. PETRI (for himself and Mr. LANTOS) 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 ensure
the protection of employees in travelling sales crews,
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. SHORT TITLE.
This Act may be cited as the ‘‘Travelling Sales Crew
Protection Act’’.
SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT OF
1938 TO CERTAIN OUTSIDE SALESMEN.
(a) IN GENERAL.—Section 13 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213) is amended by
adding at the end the following:
‘‘(k) For purposes of subsection (a)(1), and notwith-
standing any other provision of law, the term ‘outside
salesman’ does not include any individual employed in the
position of a salesman, if the individual travels with a
group of salespeople, including a supervisor, team leader
or crew leader, and the employees in the group do not re-
turn to their permanent residences at the end of the work
day.’’.
(b) LIMITATION ON CHILD LABOR.—Section 12 of
the Fair Labor Standards Act of 1938 (29 U.S.C. 212)
is amended by adding at the end the following:
‘‘(e) No individual under 18 years of age may be em-
ployed in a position requiring the individual to engage in
door-to-door sales or in related support work in a manner
that requires the individual to remain away from the indi-
vidual’s permanent residence for more than 24 hours.’’.
SEC. 3. PROTECTION OF TRAVELLING SALES CREWS.
(a) TRAVELLING SALES CREW WORKER DEFINED.—
(1) Except as provided in paragraph (2), the term ‘‘travel-
ling sales crew worker’’ means an individual who—
(A) is employed as a salesperson or in re-
lated support work;
(B) travels with a group of salespersons,
including a supervisor; and
(C) is required to be absent overnight from
his or her permanent place of residence.—
(2) Such term does not include—
(D) any individual who meets the requirements
of subparagraph (A) if such individual is travelling
to a trade show or convention; or
(E) any immediate family member of a travel-
ling sales crew employer.
(b) SECRETARY TO PRESCRIBE RULES.—Not later
than 180 days after the date of enactment of this Act,
the Secretary of Labor (hereinafter in this Act, the ‘‘Sec-
retary’’) shall prescribe rules governing the protection of
travelling sales crews. Such rules shall contain the fol-
lowing requirements:
(1) REGISTRATION.—Each employer or super-
visor of a travelling sales crew worker must obtain
a certificate of registration from the Secretary. The
Secretary shall prescribe the manner of application
and the standards for issuance for such a certificate,
including a reasonable fee for such application.
(2) EMPLOYER REQUIREMENTS.—An employer
of travelling sales crew workers must carry out the
following duties, in accordance with the rules pre-
scribed by the Secretary:
(A) DISCLOSURE OF CONDITIONS OF EM-
PLOYMENT.—The employer must disclose to
each travelling sales crew worker employed by
such employer, in writing, information related
to such worker’s conditions of employment, in-
cluding the rate of pay, applicable pay period,
duration of employment, and whether the em-
ployer provides workers’ compensation insur-
ance coverage for the worker.
(B) 
PAYMENT
OF
WAGES, 
RECORD-
KEEPING.—For each pay period, the employer
must—
(i) pay to each travelling sales crew
worker employed by such employer wages
owed such worker when due;
(ii) make such payment in United
States currency or by negotiable instru-
ment; and
(iii) provide a written statement to
each travelling sales crew worker employed
by such employer, and maintain records
(which must be kept for at least 3 years),
relating to the earnings of (and any
withholdings of earnings from) each such
worker.
(C) EMPLOYER
PAYMENT
OF
EMPLOYEE
BUSINESS EXPENSES.—Other than a deduction
from wages for the actual cost to the employer
of any board, lodging, or other facilities pro-
vided by the employer to a travelling sales crew
worker employed by such employer, the em-
ployer may not require the worker—
(i) to purchase any goods or services
solely from the employer; or
(ii) to pay for any of the employer’s
business expenses.
(D) VEHICLE INSURANCE.—The employer
must maintain liability insurance coverage in
compliance with any applicable State law and
sufficient (as determined by the Secretary) to
protect any travelling sales crew workers trans-
ported in such a vehicle and to ensure against
liability to other persons and property arising
from the use of such vehicle for such purpose,
except that if the Secretary determines that
such workers are covered under an applicable
workers’ compensation insurance policy pro-
vided by the employer, additional vehicle insur-
ance covering such workers may be waived by
the Secretary.
(E) TRANSPORTATION SAFETY.—The em-
ployer must maintain any motor vehicle used to
transport a travelling sales crew worker em-
ployed by such employer in compliance with any
applicable Federal, State, or local vehicle safety
standards and with any additional safety rules
prescribed by the Secretary.
(F) HOUSING
SAFETY.—The employer
must maintain any lodging owned or controlled
by the employer in compliance with any applica-
ble Federal, State, or local housing, sanitation,
health, building, or other safety standards and
with any additional safety rules prescribed by
the Secretary.
(G) PROHIBITION ON DISCRIMINATION.—
An employer, or an agent of the employer, may
not intimidate, threaten, restrain, coerce, black-
list, discharge, or in any manner discriminate
against any travelling sales crew worker be-
cause such worker has, with just cause, filed
any complaint or instituted, or caused to be in-
stituted, any proceeding under or related to this
Act, or has testified or is about to testify in any
such proceeding, or because of the exercise,
with just cause, by such worker on behalf of the
worker or others of any right or protection af-
forded by this Act.
SEC. 4. ENFORCEMENT.
(a) CRIMINAL SANCTIONS.—An employer that will-
fully and knowingly violates a rule prescribed under this
Act shall be imprisoned for not more than one year or
fined not more than $10,000, or both. Upon conviction
for a subsequent violation of a rule prescribed under this
Act, an employer shall be imprisoned for not more than
3 years or fined not more than $50,000, or both.
(b) CIVIL PENALTY.—An employer that violates a
rule prescribed under this Act shall be liable to the United
States for a civil penalty of not more than $10,000 for
each such violation. The Secretary may assess and collect
such civil penalty after a determination, made on the
record after opportunity for an agency hearing, of—
(1) liability for such violation; and
(2) the appropriate amount of the penalty,
based on the previous compliance record of the em-
ployer and the gravity of the violation.
(c) ADMINISTRATIVE ACTIONS.—The Secretary shall
prescribe rules providing a procedure for an aggrieved
travelling sales crew worker to file an administrative com-
plaint with the Secretary, which the Secretary shall inves-
tigate and follow up with any appropriate enforcement ac-
tion against the employer of such worker, including refer-
ral to the Attorney General of such employer for criminal
sanctions under subsection (a), the imposition by the Sec-
retary of a civil penalty under subsection (b), or the filing
of a civil action on behalf of such worker to enjoin such
employer under subsection (d).
(d) CIVIL ACTION.—Any person aggrieved by a viola-
tion of a rule prescribed under this Act (or the Secretary,
on behalf of any such person) may bring, in an appro-
priate United States district court (without regard to the
amount in controversy, the citizenship of the parties, or
the exhaustion of administrative remedies), a civil
action—
(1) to enjoin such violation;
(2) to recover the greater of—
(A) actual damages; or
(B) not more than $1,000 for each such
violation for each plaintiff (which may not ex-
ceed $1,000,000 for all plaintiffs in a class);
and
(3) for other equitable relief; and
(4) to recover the costs of the litigation and a
reasonable attorney fee.
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