The fair labor standards act of 1938, as amended




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ADDITIONAL PROVISIONS OF THE ACT OF NOVEMBER 15, 1990


(104 Stat. 2871)

[PUBLIC LAW 101-583]

[101ST CONGRESS] [FIRST SESSION]

AN ACT

To eliminate “substantial documentary evidence” require-

ment for minimum wage determination for American Sa-

moa, and for other purposes.

Be it enacted by the Senate and House of Representatives

of the United States in Congress assembled.

[Section 1 of the Act of November 15, 1990 amends the

Fair Labor Standards Act of 1938, and is incorporated in

its proper place in the Act.]

SEC. 2. REGULATIONS CONCERNING

CERTAIN EMPLOYEES

Not later than 90 days after the date of enactment of this

Act, the Secretary of Labor shall promulgate regulations

that permit computer systems analysts, computer program-

mers, software engineers, and other similarly skilled pro-

fessional workers as defined in such regulations to qualify

as exempt executive, administrative, or professional em-

ployees under section 13(a)(1) of the Fair Labor Standards

Act of 1938 (29 U.S.C. 213(a)(1)). Such regulations shall

provide that if such employees are paid on an hourly basis

they shall be exempt only if their hourly rate of pay is at

least 6 1 /2 times greater than the applicable minimum wage

rate under section 6 of such Act (29 U.S.C. 206).

Approved November 15, 1990.


LEGISLATIVE HISTORY -- S. 2930:

CONGRESSIONAL RECORD, Vol. 136 (1990):

Aug. 4, considered and passed Senate.

Oct. 18, considered and passed House, amended.

Oct. 27, Senate concurred in House amendments..


ADDITIONAL PROVISIONS OF FAIR LABOR STANDARDS AMENDMENTS OF 1989

(103 Stat. 938)

[PUBLIC LAW 101-157]

[101ST CONGRESS] [FIRST SESSION]


AN ACT

To amend the Fair Labor Standards Act of 1938 to increase

the minimum wage, and for other purposes.

Be it enacted by the Senate and House of Representatives

of the United States in Congress assembled, That this Act

may be cited as the “Fair Labor Standards Amendments

of 1989.”

[Sections 2; 3(a), (c), and (d); 4; 5; 7; and 9 of the

Fair Labor Standards Amendments of 1989 amend the

Fair Labor Standards Act of 1938, and are


incorpo-rated in their proper place in the Act.]

PRESERVATION OF COVERAGE

SEC. 3. * * *

(b) PRESERVATION OF COVERAGE. —

(1) IN GENERAL. — Any enterprise that on

March 31, 1990, was subject to section 6(a)(1) of the

Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1))


and that because of the amendment made by

sub-section (a) is not subject to such section shall —

(A) pay its employees not less than the

minimum wage in effect under such section on


March 31, 1990;


(B) pay its employees in accordance with

section 7 of such Act (29 U.S.C. 207); and

(C) remain subject to section 12 of such

Act (29 U.S.C. 212).


(2) VIOLATIONS. — A violation of paragraph

(1) shall be considered a violation of section 6, 7, or

12 of the Fair Labor Standards Act of 1938, as the

case may be.

* * * * * *

(e) EFFECTIVE DATE. — The amendments made by

this section shall become effective on April 1, 1990.

TRAINING WAGE

SEC. 6. TRAINING WAGE.

(a) IN GENERAL. —

(1) AUTHORITY. — Any employer may, in lieu

of the minimum wage prescribed by section 6 of the


Fair Labor Standards Act of 1938 (29 U.S.C. 206),


pay an eligible employee the wage prescribed by

paragraph (2) —

(A) while such employee is employed for

the period authorized by subsection (g)(1)(B)(i),

or

(B) while such employee is engaged in



on-the-job training for the period authorized by

sub-section (g)(1)(B)(ii).

(2) WAGE RATE. — The wage referred to in

paragraph (1) shall be a wage —

(A) of not less than $3.35 an hour during

the year beginning April 1, 1990; and

(B) beginning April 1, 1991, of not less than

$3.35 an hour or 85 percent of the wage

pre-scribed by section 6 of such Act, whichever is

greater.


(b) WAGE PERIOD. — An employer may pay an

eli-gible employee the wage authorized by subsection (a)

for a period that —

(1) begins on or after April 1, 1990;

(2) does not exceed the maximum period

dur-ing which an employee may be paid such wage as

determined under subsection (g)(1)(B); and

(3) ends before April 1, 1993.

(c) WAGE CONDITIONS. — No eligible employee

may be paid the wage authorized by subsection (a) by

an employer if —

(1) any other individual has been laid off by

such employer from the position to be filled by such

eligible employee or from any substantially

equivalent position; or

(2) such employer has terminated the

employment of any regular employee or otherwise reduced

the number of employees with the intention of

filling the vacancy so created by hiring an employee

to be paid such wage..34

(d) LIMITATIONS. —

(1) EMPLOYEE HOURS. — During any month

in which employees are to be employed in an

establishment under this section, the proportion of

employee hours of employment to the total hours of

employment of all employees in such establishment

may not exceed a proportion equal to one-fourth of

the total hours of employment of all employees in

such establishment.

(2) DISPLACEMENT. —

(A) PROHIBITION. — No employer may

take any action to displace employees

(including partial displacements such as reduction in

hours, wages, or employment benefits) for

purposes of hiring individuals at the wage

authorized in subsection (a).

(B) DISQUALIFICATION. — If the Secretary

determines that an employer has taken an

action in violation of subparagraph (A), the

Secretary shall issue an order disqualifying such


employer from employing any individual at such

wage.


(e) NOTICE. — Each employer shall provide to any

eligible employee who is to be paid the wage

authorized by subsection (a) a written notice before the

employee begins employment stating the

requirements of this section and the remedies provided by

subsection (f) for violations of this section. The


Secretary shall provide to employers the text of the


notice to be provided under this subsection.

(f) ENFORCEMENT. — Any employer who violates

this section shall be considered to have violated

section 15(a)(3) of the Fair Labor Standards Act of 1938

(29 U.S.C. 215(a)(3)). Sections 16 and 17 of such Act

(29 U.S.C. 216 and 217) shall apply with respect to the

violation.

(g) DEFINITIONS. — For purposes of this section:

(1) ELIGIBLE EMPLOYEE. —

(A) IN GENERAL. — The term “eligible

employee” means with respect to an employer an

individual who —

(i) is not a migrant agricultural

worker or a seasonal agricultural worker (as

defined in paragraphs (8) and (10) of

section 3 of the Migrant and Seasonal


Agricultural Worker Protection Act (29 U.S.C.


1802 (8) and (10)) without regard to

sub-paragraph (B) of such paragraphs and is

not a nonimmigrant described in section

101(a)(15)(H)(ii)(a) of the immigration and


Nationality Act (8 U.S.C. 1101(a)(15)(H)


(ii)(a));

(ii) has not attained the age of 20

years; and

(iii) is eligible to be paid the wage au-

thorized by subsection (a) as determined

under subparagraph (B).

(B) DURATION. —

(i) An employee shall initially be

eligible to be paid the wage authorized by

subsection (a) until the employee has been

employed a cumulative total of 90 days at

such wage.

(ii) An employee who has been

em-ployed by an employer at the wage autho-

rized by subsection (a) for the period au-

thorized by clause (i) may be employed by

any other employer for an additional 90

days if the employer meets the require-

ments of subsection (h).

(iii) The total period, as authorized by

clauses (i) and (ii), that an employee may

be paid the wage authorized by subsection

(a) may not exceed 180 days.

(iv) For purposes of this subpara-

graph, the term “employer” means with

respect to an employee an employer who is

required to withhold payroll taxes for such

employee.

(C) PROOF. —

(i) IN GENERAL. — An individual is

responsible for providing the requisite

proof of previous period or periods of

employment with other employers. An

employer’s good faith reliance on the proof

presented to the employer by an

individual shall constitute a complete defense to

a charge that the employer has violated

subsection (b)(2) with respect to such

individual.

(ii) REGULATIONS. — The Secretary

of Labor shall issue regulations defining the

requisite proof required of an individual.


Such regulations shall establish minimal


requirements for requisite proof and may

prescribe that an accurate list of the

individual’s employers and a statement of the.35

dates and duration of employment with

each employer constitute requisite proof.

(2) ON-THE-JOB TRAINING. — The term “on-

the-job training” means training that is offered to

an individual while employed in productive work that

provides training, technical and other related skills,

and personal skills that are essential to the full and

adequate performance of such employment.

(h) EMPLOYER REQUIREMENTS. — An employer

who wants to employ employees at the wage

authorized by subsection (a) for the period authorized by

subsection (g)(1)(B)(ii) shall —

(1) notify the Secretary annually of the posi-

tions at which such employees are to be employed

at such wage,

(2) provide on-the-job training to such employ-

ees which meets general criteria of the Secretary

issued by regulation after consultation with the

Committee on Labor and Human Resources of the

Senate and the Committee on Education and Labor


of the House of Representatives and other interested

persons,


(3) keep on file a copy of the training program

which the employer will provide such employees,

(4) provide a copy of the training program to

the employees,

(5) post in a conspicuous place in places of

employment a notice of the types of jobs for which

the employer is providing on-the-job training, and

(6) send to the Secretary on an annual basis a

copy of such notice.

The Secretary shall make available to the public upon


request notices provided to the Secretary by employ-

ers in accordance with paragraph (6).

(i) REPORT. — The Secretary of Labor shall

re-port to Congress not later than March 1, 1993, on the

effectiveness of the wage authorized by subsection

(a). The report shall include —

(1) an analysis of the impact of such wage on

employment opportunities for inexperienced work-

ers;

(2) any reduction in employment opportunities



for experienced workers resulting from the

employment of employees under such wage;

(3) the nature and duration of the training pro-

vided under such wage; and

(4) the degree to which employees used the

authority to pay such wage.

APPLICATIONS OF FLSA TO

CONGRESSIONAL AND ARCHITECT

OF THE CAPITOL EMPLOYEES

SEC. 8. APPLICATION OF RIGHTS AND

PROTEC-TIONS OF FAIR LABOR STANDARDS ACT OF 1938

TO CONGRESSIONAL AND ARCHITECT OF THE

CAPITOL EMPLOYEES.

(a) HOUSE EMPLOYEES. —

(1) IN GENERAL. — Not later than 180 days

after the date the minimum wage rate prescribed by

section 6(a)(1) of the Fair Labor Standards Act of

1938 (29 U.S.C. 206(a)(1)) is increased pursuant to

the amendment made by section 2, the rights and

protections under the Fair Labor Standards Act of

1938 (29 U.S.C. 201 et seq.) shall apply with respect

to any employee in an employment position in the


House of Representatives and to any employing


authority of the House of Representatives.

(2) ADMINISTRATION. — In the administration

of this subsection, the remedies and procedures

under the Fair Employment Practices Resolution

shall be applied. As used in this paragraph,

the term “Fair Employment Practices Resolution”

means House Resolution 558, One Hundredth

Congress, agreed to October 4, 1988, as continued in


effect by House Resolution 15, One Hundred First

Congress, agreed to January 3, 1989.


(b) ARCHITECT OF THE CAPITOL EMPLOYEES. —

Not later than 180 days after the date the minimum


wage rate prescribed by section 6(a)(1) of the Fair

Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is


increased pursuant to the amendment made by

sec-tion 2, the rights and protections under the Fair


Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall


apply with respect to individuals employed under the

Office of the Architect of the Capitol.

Approved November 17, 1989..36


ADDITIONAL PROVISIONS OF FAIR LABOR STANDARDS AMENDMENTS OF 1985

(99 Stat. 787)

[PUBLIC LAW 99Œ150]

[99TH CONGRESS] [FIRST SESSION]


AN ACT

To amend the Fair Labor Standards Act of 1938 to provide

rules for overtime compensatory time off for certain public

agency employees, to clarify the application of that Act to

volunteers, and for other purposes.

Be it enacted by the Senate and House of Representatives

of the United States in Congress assembled, That this Act

may be cited as the “Fair Labor Standards Amendments

of 1985.”.

[Sections 2(a), 3, 4(a) and 5 of the Fair Labor Standards

Amendments of 1985 amend the Fair Labor

Standards Act of 1938, and are incorporated in their


proper place in the Act.]

COMPENSATORY TIME



SEC. 2. * * *

(b) EXISTING COLLECTIVE BARGAINING AGREE-MENTS



  • A collective bargaining agreement which is

in effect on April 15, 1986, and which permits compensatory

time off in lieu of overtime compensation

shall remain in effect until its expiration date unless

otherwise modified, except that compensatory time

shall be provided after April 14, 1986, in accordance

with section 7(o) of the Fair Labor Standards Act of

1938 (as added by subsection (a)).

© LIABILITY AND DEFERRED PAYMENT — (1) No


State, political subdivision of a State, or interstate governmental


agency shall be liable under section 16 of

the Fair Labor Standards Act of 1938 for a violation of

section 6 (in the case of a territory or possession of

the United States), 7, or 11© (as it relates to section

7) of such Act occurring before April 15, 1986, with

respect to any employee of the State, political subdivision,

or agency who would not have been covered

by such Act under the Secretary of Labor’s special

enforcement policy on January 1, 1985, and published

in sections 775.2 and 775.4 of title 29 of the Code of


Federal Regulations.


(2) A State, political subdivision of a State, or

interstate governmental agency may defer until Au-gust

1, 1986, the payment of monetary overtime

compensation under section 7 of the Fair Labor


Standards Act of 1938 for hours worked after April


14, 1986.

VOLUNTEERS

(b) REGULATIONS. — Not later than March 15, 1986,

the Secretary of Labor shall issue regulations to carry

out paragraph (4) of section 3(e) (as amended by sub-section

(a) of this section).

(c) CURRENT PRACTICE. — If, before April 15, 1986,

the practice of a public agency was to treat certain

individuals as volunteers, such individuals shall until

April 15, 1986, be considered, for purposes of the Fair

Labor Standards Act of 1938, as volunteers and not


as employees. No public agency which is a State, a

political subdivision of a State, or an interstate governmental

agency shall be liable for a violation of section

6 occurring before April 15, 1986, with respect to

services deemed by that agency to have been per-formed

for it by an individual on a voluntary basis.


EFFECTIVE DATE

SEC. 6. The amendments made by this Act shall


take effect April 15, 1986. The Secretary of Labor shall

before such date promulgate such regulations as may

be required to implement such amendments.

EFFECT OF AMENDMENTS

SEC. 7. The amendments made by this Act shall not


affect whether a public agency which is a State, political

subdivision of a State, or an interstate govern-mental

agency is liable under section 16 of the Fair

Labor Standards Act of 1938 for a violation of section


5, 7, or 11 of such Act occurring before April 15, 1986,

with respect to any employee of such public agency

who would have been covered by such Act under the

Secretary of Labor’s special enforcement policy on

January 1, 1985, and published in section 775.3 of title


29 of the Code of Federal Regulations..37

DISCRIMINATION

SEC. 8. A public agency which is a State, political


subdivision of a State, or an interstate governmental

agency and which discriminates or has discriminated

against an employee with respect to the employee’s

wages or other terms or conditions of employment

because on or after February 19, 1985, the employee

asserted coverage under section 7 of the Fair Labor


Standards Act of 1938 shall be held to have violated


section 15(a)(3) of such Act. The protection against

discrimination afforded by the preceding sentence

shall be available after August 1, 1986, only for an employee

who takes an action described in section



15(a)(3) of such Act.

Approved November 13, 1985.
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