SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘The Court Reporter
Fair Labor Amendments of 1995’’.
SEC. 2. LIMITATION ON COMPENSATORY TIME FOR COURT
REPORTERS.
Section 7(o) of the Fair Labor Standards Act of 1938
(29 U.S.C. 207(o)) is amended—
(1) by redesignating paragraph (6) as para-
graph (7); and
(2) by inserting after paragraph (5) the follow-
ing new paragraph:
‘‘(6) A public agency may not be considered to be
in violation of subsection (a) with respect to an employee
who performs court reporting transcript preparation du-
ties if such public agency and such employee have an un-
derstanding that the time spent performing such duties
outside of normal working hours or regular working days
is not considered as hours worked for the purposes of sub-
section (a).’’.
SEC. 3. EFFECTIVE DATE OF AMENDMENTS.
The amendments made by section 2 shall take effect
as if included in the provisions of the Fair Labor Stand-
ards Act of 1938 to which such amendments relate, except
that such amendments shall not apply to an action—
(1) that was brought in a court involving the
application of section 7(a) of such Act to an em-
ployee who performed court reporting transcript
preparation duties; and
(2) in which a final judgment has been entered
on or before the date of enactment of this Act.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Court Reporter Fair
Labor Amendments of 1995’’.
SEC. 2. LIMITATION ON OVERTIME COMPENSATION FOR
COURT REPORTERS.
Section 7(o) of the Fair Labor Standards Act of 1938
(29 U.S.C. 207(o)) is amended—
(1) by redesignating paragraph (6) as para-
graph (7); and
(2) by inserting after paragraph (5) the follow-
ing new paragraph:
‘‘(6) The hours an employee of a public agency per-
forms court reporting transcript preparation duties shall
not be considered as hours worked for the purposes of sub-
section (a) if—
‘‘(A) such employee is paid at a per-page rate
which is not less than—
‘‘(i) the maximum rate established by State
law or local ordinance for the jurisdiction of
such public agency,
‘‘(ii) the maximum rate otherwise estab-
lished by a judicial or administrative officer and
in effect on July 1, 1995, or
‘‘(iii) the rate freely negotiated between the
employee and the party requesting the tran-
script, other than the judge who presided over the
proceedings being transcribed, and
‘‘(B) the hours spent performing such duties are
outside of the hours such employee performs other
work (including hours for which the agency requires
the employee’s attendance) pursuant to the employ-
ment relationship with such public agency.
For purposes of this section, the amount paid such employee
in accordance with subparagraph (A) for the performance
of court reporting transcript preparation duties, shall not
be considered in the calculation of the regular rate at which
such employee is employed.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply after
the date of the enactment of this Act and with respect to
actions brought in a court after the date of the enactment
of this Act.
Union Calendar No. 115
104TH CONGRESS
1ST SESSION
H. R. 1225
[Report No. 104–219]
A BILL
To amend the Fair Labor Standards Act of 1938
to exempt employees who perform certain court
reporting duties from the compensatory time re-
quirements applicable to certain public agencies,
and for other purposes.
AUGUST 1, 1995
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed