I 
112TH CONGRESS 
2D SESSION 
H. R. 6346 
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 insurance claims adjustment after a major disaster. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2012 
Mr. REHBERG (for himself, Mr. HASTINGS of Florida, and Mr. BONNER) in-
troduced 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 insurance 
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 INSURANCE 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 24 months after the occurrence of a major 
disaster to any employee employed in insurance claims ad-
justing by an employer not engaged, directly or through 
an affiliate, in underwriting, selling, or marketing prop-
erty, casualty, or liability insurance policies or contracts 
and who is working on insurance claims resulting from 
or relating to such major disaster— 
‘‘(A) who receives from such employer an aver-
age weekly income of not less than $591.00 per 
week for the number of weeks such employee is en-
gaged in any of the activities described in subpara-
graph (B); and 
‘‘(B) whose duties include any of the following: 
‘‘(i) interviewing insured individuals, wit-
nesses, or physicians; 
‘‘(ii) inspecting property damage or review-
ing factual information to prepare damage esti-
mates; 
‘‘(iii) evaluating and making recommenda-
tions regarding coverage of claims or deter-
mining liability or value aspects of claims; 
‘‘(iv) negotiating settlements; or 
‘‘(v) making recommendations regarding 
litigation. 
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‘‘(2) Notwithstanding any provision of section 18, in 
the event of a major disaster, this Act exclusively shall 
govern all such employers in lieu of any State law or regu-
lation or local law or regulation, with respect to the em-
ployees 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, winddriven water, tidal wave, tsu-
nami, earthquake, volcanic eruption, landslide, mud-
slide, snowstorm, or drought, or, regardless of cause, 
any fire, flood, or explosion; 
‘‘(B) the term ‘employee employed in insurance 
claims adjusting’ means an individual who is em-
ployed by an employer that has secured or in a time-
ly manner secures applicable licensure for itself and 
its employees as required to engage in and perform 
the activities described in clauses (i) through (v) of 
paragraph (1)(B) relating to a major disaster and 
that maintains worker compensation insurance cov-
erage or protection for its employees and withholds 
applicable Federal, State, and local income and pay-
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roll taxes from the wages, salaries and benefits of 
such employees; 
‘‘(C) the term ‘affiliate’ means a company that, 
by reason of ownership or control of 25 percent or 
more of the outstanding shares of any class of voting 
securities of one or more companies, directly or indi-
rectly, controls, is controlled by, or is under common 
control with, another company.’’. 
Æ 
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