To amend the Fair Labor Standards Act of 1938 to clarify the overtime exemption for employees engaged in fire protection activities.

Amends the Fair Labor Standards Act of 1938 to define employees engaged in fire protection activities.

Prohibits such definition from being construed to reduce or substitute for compensation standards in a collective bargaining agreement which result in compensation greater than that available to such employees (time-and-a-half) under the overtime exemption to maximum hours of labor requirements under such Act.

[106th Congress Public Law 151]
[From the U.S. Government Publishing Office]


<DOC>
[DOCID: f:publ151.106]

Public Law 106-151
106th Congress

                                 An Act


 
 To amend the Fair Labor Standards Act of 1938 to clarify the overtime 
           exemption for employees engaged in fire protection 
           activities. <<NOTE: Dec. 9, 1999 -  [H.R. 1693]>> 

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

SECTION 1. DEFINITION OF FIRE PROTECTION ACTIVITIES.

    Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is 
amended by adding at the end the following:
    ``(y) `Employee in fire protection activities' means an employee, 
including a firefighter, paramedic, emergency medical technician, rescue 
worker, ambulance personnel, or hazardous materials worker, who--
            ``(1) is trained in fire suppression, has the legal 
        authority and responsibility to engage in fire suppression, and 
        is employed by a fire department of a municipality, county, fire 
        district, or State; and
            ``(2) is engaged in the prevention, control, and 
        extinguishment of fires or response to emergency situations 
        where life, property, or the environment is at risk.''.

SEC. 2. <<NOTE: 29 USC 203 note.>> CONSTRUCTION.

    The amendment made by section 1 shall not be construed to reduce or 
substitute for compensation standards: (1) contained in any existing or 
future agreement or memorandum of understanding reached through 
collective bargaining by a bona fide representative of employees in 
accordance with the laws of a State or political subdivision of a State; 
and (2) which result in compensation greater than the compensation 
available to employees under the overtime exemption under section 7(k) 
of the Fair Labor Standards Act of 1938.

    Approved December 9, 1999.

LEGISLATIVE HISTORY--H.R. 1693:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 145 (1999):
            Nov. 4, considered and passed House.
            Nov. 19, considered and passed Senate.

                                  <all>