[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2975 Considered and Passed Senate (CPS)]
108th CONGRESS
2d Session
S. 2975
To amend the Fair Labor Standards Act of 1938 to clarify regulations
relating to overtime compensation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 10, 2004
Mr. Harkin (for himself and Mr. Kennedy) introduced the following bill;
which was read twice, considered, read the third time, and passed
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to clarify regulations
relating to overtime compensation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CLARIFICATION OF REGULATIONS RELATING TO OVERTIME
COMPENSATION.
Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213)
is amended by adding at the end the following:
``(k) Notwithstanding the provisions of subchapter II of chapter 5
and chapter 7 of title 5, United States Code (commonly referred to as
the Administrative Procedures Act) or any other provision of law, any
portion of the final rule promulgated on April 23, 2004, revising part
541 of title 29, Code of Federal Regulations, that exempts from the
overtime pay provisions of section 7 any employee who would not
otherwise be exempt if the regulations in effect on March 31, 2003
remained in effect, shall have no force or effect and that portion of
such regulations (as in effect on March 31, 2003) that would prevent
such employee from being exempt shall remain in effect. Notwithstanding
the preceding sentence, the increased salary requirements provided for
in such final rule at section 541.600 of such title 29, shall remain in
effect.''.
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