I 
113TH CONGRESS 
1ST SESSION H. R. 1001 
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 
MARCH 6, 2013 
Mr. BONNER (for himself, Mr. HASTINGS of Florida, and Mr. PAYNE) intro-
duced the following bill; which was referred to the Committee on Edu-
cation 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, 
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: 
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‘‘(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 
resulting from or relating to such major dis-
aster, by an employer not engaged, directly or 
through an affiliate, in underwriting, selling, or 
marketing property, casualty, or liability insur-
ance policies or contracts; 
‘‘(B) who receives from such employer on 
average weekly compensation of not less than 
$591.00 per week or any minimum weekly 
amount established by the Secretary, whichever 
is greater, for the number of weeks such em-
ployee is engaged in any of the activities de-
scribed in subparagraph (C); and 
‘‘(C) whose duties include any of the fol-
lowing: 
‘‘(i) interviewing insured individuals, 
individuals who suffered injuries or other 
damages or losses arising from or relating 
to a disaster, witnesses, or physicians; 
‘‘(ii) inspecting property damage or 
reviewing factual information to prepare 
damage estimates; 
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‘‘(iii) evaluating and making rec-
ommendations regarding coverage or com-
pensability of claims or determining liabil-
ity or value aspects of claims; 
‘‘(iv) negotiating settlements; or 
‘‘(v) making recommendations regard-
ing 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 de-
scribed 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 
natural catastrophe, including any hurricane, 
tornado, storm, high water, wind driven water, 
tidal wave, tsunami, earthquake, volcanic erup-
tion, 
landslide, 
mudslide, 
snowstorm, 
or 
drought, or, regardless of cause, any other ca-
tastrophe, including fire, flood, explosion, land 
collapse, avalanche, or pollutant or chemical re-
lease; 
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‘‘(B) the term ‘employee employed to ad-
just or evaluate claims resulting from or relat-
ing to such major disaster’ means an individual 
who timely secured 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 coverage or pro-
tection for its employees, if required by applica-
ble law, and withholds applicable Federal, 
State, and local income and payroll taxes from 
the wages, salaries and any benefits of such em-
ployees; and 
‘‘(C) the term ‘affiliate’ means a company 
that, by reason of ownership or control of twen-
ty-five percent (25%) or more of the out-
standing 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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