S.Amdt. 5644

SA 5644. Mr. GALLEGO submitted an amendment intended to be proposed
by him to the bill S. 2, to provide for reconciliation pursuant to
title II of S. Con. Res. 33.; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. _. RATE OF COMPENSATION FOR WORK PERFORMED ON LEGAL
PUBLIC HOLIDAYS.

(a) In General.--The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) is amended--
(1) in section 3 (29 U.S.C. 203), by adding at the end the
following:
``(z) `Legal public holiday' means any legal public holiday
specified in section 6103(a) of title 5, United States
Code.''; and
(2) by inserting after section 7 (29 U.S.C. 207) the
following:

``SEC. 8. RATE OF COMPENSATION FOR WORK PERFORMED ON LEGAL
PUBLIC HOLIDAYS.

``No employer shall employ an employee who in any workweek
is engaged in commerce or in the production of goods for
commerce, or is employed in an enterprise engaged in commerce
or in the production of goods for commerce, for work
performed on a legal public holiday unless such employee
receives compensation for such work at a rate not less than
one and one-half times the regular rate (as determined under
section 7(e)) at which the employee is employed.''.
(b) Exclusion From Compensation Creditable Towards Overtime
Compensation.--Section 7(h)(2) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 207(h)(2)) is amended by inserting
``(other than for work performed on a legal public holiday as
required under section 8)'' after ``(6)''.
(c) Exemptions.--Section 13(f) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 213(f)) is amended by striking ``6, 7,
11, and 12'' and inserting ``6, 7, 8, 11, and 12''.
(d) Prohibited Acts; Enforcement.--The Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.) is amended--
(1) in section 15(a) (29 U.S.C. 215(a))--
(A) in paragraph (1), by striking ``section 6 or section
7,'' and inserting ``section 6, 7, or 8,''; and
(B) in paragraph (2), by striking ``section 6 or section
7,'' and inserting ``section 6, 7, or 8,'';
(2) in section 16 (29 U.S.C. 216)--
(A) in subsection (b)--
(i) by striking ``section 6 or section 7'' each place it
appears and inserting ``section 6, 7, or 8'';
(ii) by striking ``their unpaid minimum wages, or the
unpaid overtime compensation,'' and inserting ``their unpaid
minimum wages, unpaid overtime compensation, or unpaid legal
public holiday compensation,''; and
(iii) by inserting ``or unpaid legal public holiday
compensation'' after ``the amount of unpaid overtime
compensation'';
(B) in subsection (c)--
(i) in the first sentence--

(I) by striking ``the unpaid minimum wages or the unpaid
overtime compensation'' and inserting ``the unpaid minimum
wages, unpaid overtime compensation, or unpaid legal public
holiday compensation'';
(II) by striking ``section 6 or 7'' and inserting ``section
6, 7, or 8''; and
(III) by striking ``such unpaid minimum wages or unpaid
overtime compensation'' and inserting ``such unpaid minimum
wages, unpaid overtime compensation, or unpaid legal public
holiday compensation'';

(ii) in the second sentence, by striking ``unpaid minimum
wages or overtime compensation'' inserting ``unpaid minimum
wages, unpaid overtime compensation, or unpaid legal public
holiday compensation''; and
(iii) in the third sentence, by striking ``unpaid minimum
wages or unpaid overtime compensation under sections 6 and
7'' and inserting ``unpaid minimum wages, unpaid overtime
compensation, or unpaid legal public holiday compensation
under section 6, 7, or 8''; and
(C) in subsection (e)(2), by striking ``section 6 or 7''
and inserting ``section 6, 7, or 8''; and
(3) in section 17 (29 U.S.C. 217), by striking ``minimum
wages or overtime compensation'' and inserting ``minimum
wages, overtime compensation, or legal public holiday
compensation''.
(e) Relation to Other Laws.--Section 18 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 218) is amended by adding at
the end the following:
``(c) No provision of this Act or of any order thereunder
shall excuse noncompliance with any Federal or State law or
municipal ordinance--
``(1) establishing a rate of compensation for work
performed on a legal public holiday that is higher than the
rate required under section 8; or
``(2) otherwise requiring compensation for work performed
on any other holiday that is greater than the compensation
required under this Act.''.
(f) Additional Conforming Amendments.--
(1) In general.--The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.) is amended--
(A) in section 3(o) (29 U.S.C. 203(o)), by striking
``sections 6 and 7'' and inserting ``sections 6, 7, and 8'';
(B) in section 4(f), by striking ``unpaid minimum wages, or
unpaid overtime compensation,'' and inserting ``unpaid
minimum wages, unpaid overtime compensation, or unpaid legal
public holiday compensation,''; and
(C) by repealing section 10 (29 U.S.C. 210).
(2) Statute of limitations.--Section 6 of the Portal-to-
Portal Act of 1947 (29 U.S.C. 255) is amended by inserting
``unpaid legal public holiday compensation,'' after ``unpaid
overtime compensation,''.
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