S. 1611Senate108th Congress (2003-2005)In Committee

A bill to provide for the establishment of a commission to conduct a study concerning the overtime regulations of the Department of Labor.

Introduced September 11, 2003

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S11420-11421)

September 11, 2003

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SenateIntro Referral

Introduced in Senate

September 11, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S11419-11420)

September 11, 2003

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S11420-11421)

September 11, 2003

Floor Debate

5 members

What members said about S. 1611 on the floor

3 Republicans2 Democrats
Mark Dayton
Sen. Mark DaytonD-MN · Sep 11, 2003

Mr. President, September 11, 2001, was a day of infamy that will rank down with the very worst, most cowardly and vile actions ever taken against this Nation or any other nation on this planet, a…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Sep 11, 2003

Mr. President, I rise today to reflect on the terrorist attacks of 2 years ago, and to remember those who lost their lives or their loved ones on that tragic day. We also pause to honor the heroes…

Arlen Specter
Sen. Arlen SpecterR-PA · Sep 11, 2003

Mr. President, I sought recognition to introduce legislation to create a commission on overtime pay. Yesterday, the Senate passed an amendment to preclude Federal funding for the regulation issued by…

Arlen Specter
Sen. Arlen SpecterR-PA · Sep 11, 2003

Mr. President, I sought recognition to introduce legislation to create a commission on overtime pay. Yesterday, the Senate passed an amendment to preclude Federal funding for the regulation issued by…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Sep 11, 2003

Mr. President, I rise today to introduce the Parental Responsibility Obligations Met Through Immigration System Enforcement Act, or PROMISE Act. Sadly, there are many in our society who do not honor…

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Arlen Specter
Sen. Arlen SpecterR-PA · Sep 11, 2003

I thank the Chair. (The remarks of Mr. Specter pertaining to the introduction of S. 1611 are located in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Evan Bayh
Sen. Evan BayhD-IN · Sep 11, 2003

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued September 11, 2003
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1611 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 1611

To provide for the establishment of a commission to conduct a study
concerning the overtime regulations of the Department of Labor.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 11, 2003

Mr. Specter introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

A BILL

To provide for the establishment of a commission to conduct a study
concerning the overtime regulations of the Department of Labor.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. COMMISSION ON OVERTIME REGULATIONS.

(a) Establishment of Commission.--There is established the
Commission on Overtime Regulations (in this section referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 member shall be appointed by the Secretary of
Labor from the general public;
(B) 1 member shall be a representative of business
to be nominated by the United States Chamber of
Commerce and appointed by the Secretary of Labor;
(C) 1 member shall be a representative of organized
labor to be nominated by the AFL-CIO and appointed by
the Secretary of Labor;
(D) 1 member shall be appointed by the chairman of
the Committee on Health, Education, Labor, and Pensions
of the Senate;
(E) 1 member shall be appointed by the ranking
minority member of the Committee on Health, Education,
Labor, and Pensions of the Senate;
(F) 1 member shall be appointed by the chairman of
the Committee on Appropriations of the Senate;
(G) 1 member shall be appointed by the ranking
minority member of the Committee on Appropriations of
the Senate;
(H) 1 member shall be appointed by the chairman of
the Committee on Education and the Workforce of the
House of Representatives;
(I) 1 member shall be appointed by the ranking
minority member of the Committee on Education and the
Workforce of the House of Representatives;
(J) 1 member shall be appointed by the chairman of
the Committee on Appropriations of the House of
Representatives; and
(K) 1 member shall be appointed by the ranking
minority member of the Committee on Appropriations of
the House of Representatives.
(2) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, and shall be filled in
the same manner as the original appointment.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(4) Chairperson and vice chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among its
members.
(c) Duties of the Commission.--
(1) Study.--The Commission shall conduct a thorough study
of, and develop recommendations on, issues relating to the
modernization of the overtime provisions of the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.) in order to
promote clarity and compliance. In conducting such study the
Commission shall--
(A) review the categories and number of workers not
eligible for overtime pay under current regulations
under the Fair Labor Standards Act of 1938 and identify
how many workers and employers might be affected by
proposed changes to such regulations;
(B) determine if the proposed regulation relating
to overtime is sufficiently clear to be easily
understood by employers and workers;
(C) assess the paperwork burden that employers
would have in order to assure that each individual
worker, claimed to be exempt from such overtime
requirements, actually is exempt under such regulation;
(D) assess the extent to which it will be clear to
the individual worker as to his or her overtime pay
protection under the proposed regulation;
(E) determine the impact of the proposed regulation
on the access of individuals to health care based upon
the impact the proposed regulation has on nurses and
pharmacists, and the impact that such regulation has on
fundamental security occupations of first responders
such as police, firefighters, and paramedics;
(F) identify how the proposed regulation would
affect enforcement and compliance actions of the
Department of Labor;
(G) make recommendation to simplify the definitions
of professional or managerial duties that exempt
workers from overtime requirements so that they have a
greater ability to know in advance what their
expectations should be;
(H) identify new and emerging specialty positions
in the modern workplace that require clarification of
their status with respect to the professional employees
exemption to the overtime requirements;
(I) review the need to update the exemption to the
overtime requirements for computer workers;
(J) examine the merits of an income ceiling above
which workers would be exempt from the overtime
requirements;
(K) review the salary levels used to trigger the
regulatory tests for overtime compliance, including the
merits and drawbacks of indexing such levels for
inflation;
(L) consider what kind of limited or conditional
``docking'' flexibility would provide employers with
alternatives to termination and to week-long
suspensions without being used as a subterfuge to evade
or undermine the salary test with respect to overtime
requirements;
(M) identify obstacles small businesses may face in
achieving compliance or correction with respect to the
overtime requirements and develop a means to overcome
those obstacles;
(N) clarify the definition of ``workplace conduct''
so that employers and employees know whether dangerous
or abusive situations, such as harassment or violence
off the employer's premises can, nevertheless, be
addressed in a manner consistent with the Fair Labor
Standards Act of 1938;
(O) identify ways in which employers can satisfy
the requirement that policies regarding workplace
conduct be in writing to permit the use of other forms
of notice or other technologies for communications
while ensuring that notice is fairly provided to
workers;
(P) identify ways to improve the availability of
the proposed safe harbor means of demonstrating
compliance with the overtime regulations by clarifying
that such regulations are intended to parallel existing
legal requirements for discrimination or labor law
cases and not to prompt new litigation or confusion;
and
(Q) study other issues determined appropriate by
the Commission.
(2) Report.--Not later than July 30, 2004, the Commission
shall prepare and submit to the Secretary of Labor, the
appropriate committees of Congress, and the general public a
report concerning the study conducted under paragraph (1). The
report shall include the findings and recommendations of the
Commission with respect to the matters described in
subparagraphs (A) through (Q) of paragraph (1).
(3) Effective date of revised regulations.--The Secretary
of Labor shall ensure that the effective date for any proposed
modifications to the regulations relating to the overtime
requirements under the Fair Labor Standards Act of 1938 is not
earlier than 60 days after the date on which the report is
submitted under paragraph (2).
(d) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section. The Commission shall, to the maximum
extent possible, use existing data and research prior to
holding such hearings
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
this section. Upon request of the Chairperson of the
Commission, the head of such department or agency shall furnish
such information to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(e) Commission Personnel Matters.--
(1) Compensation; travel expenses.--Each member of the
Commission shall serve without compensation but shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(2) Staff and equipment.--The Department of Labor shall
provide all financial, administrative, and staffing
requirements for the Commission including--
(A) office space;
(B) furnishings; and
(C) equipment.
(f) Termination of the Commission.--The Commission shall terminate
90 days after the date on which the Commission submits its report under
subsection (c)(2).
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