To amend the Fair Labor Standards Act of 1938 to provide a specific limited exemption from the overtime pay requirements of such Act for work related to insurance claims adjustment after a major disaster.

Amends the Fair Labor Standards Act of 1938 to exempt from maximum hours requirements any employee who: (1) works as an insurance claims adjuster for at least $591 per week during the 24-month period after a major disaster; and (2) is employed as an adjuster by an employer not itself engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6346 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6346

  To amend the Fair Labor Standards Act of 1938 to provide a specific 
 limited exemption from the overtime pay requirements of such Act for 
  work related to insurance claims adjustment after a major disaster.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2012

  Mr. Rehberg (for himself, Mr. Hastings of Florida, and Mr. Bonner) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Fair Labor Standards Act of 1938 to provide a specific 
 limited exemption from the overtime pay requirements of such Act for 
  work related to insurance claims adjustment after a major disaster.

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

SECTION 1. LIMITED EXEMPTION FOR INSURANCE CLAIMS ADJUSTERS.

    Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) 
is amended by adding at the end the following:
    ``(s)(1) The provisions of this section shall not apply for a 
period of 24 months after the occurrence of a major disaster to any 
employee employed in insurance claims adjusting by an employer not 
engaged, directly or through an affiliate, in underwriting, selling, or 
marketing property, casualty, or liability insurance policies or 
contracts and who is working on insurance claims resulting from or 
relating to such major disaster--
            ``(A) who receives from such employer an average weekly 
        income of not less than $591.00 per week for the number of 
        weeks such employee is engaged in any of the activities 
        described in subparagraph (B); and
            ``(B) whose duties include any of the following:
                    ``(i) interviewing insured individuals, witnesses, 
                or physicians;
                    ``(ii) inspecting property damage or reviewing 
                factual information to prepare damage estimates;
                    ``(iii) evaluating and making recommendations 
                regarding coverage of claims or determining liability 
                or value aspects of claims;
                    ``(iv) negotiating settlements; or
                    ``(v) making recommendations regarding litigation.
    ``(2) Notwithstanding any provision of section 18, in the event of 
a major disaster, this Act exclusively shall govern all such employers 
in lieu of any State law or regulation or local law or regulation, with 
respect to the employees described in paragraph (1).
    ``(3) The exemption in this subsection shall not affect the 
exemption provided by section 13(a)(1).
    ``(4) For purposes of this subsection--
            ``(A) the term `major disaster' means any natural 
        catastrophe, including any hurricane, tornado, storm, high 
        water, winddriven water, tidal wave, tsunami, earthquake, 
        volcanic eruption, landslide, mudslide, snowstorm, or drought, 
        or, regardless of cause, any fire, flood, or explosion;
            ``(B) the term `employee employed in insurance claims 
        adjusting' means an individual who is employed by an employer 
        that has secured or in a timely manner secures applicable 
        licensure for itself and its employees as required to engage in 
        and perform the activities described in clauses (i) through (v) 
        of paragraph (1)(B) relating to a major disaster and that 
        maintains worker compensation insurance coverage or protection 
        for its employees and withholds applicable Federal, State, and 
        local income and payroll taxes from the wages, salaries and 
        benefits of such employees;
            ``(C) the term `affiliate' means a company that, by reason 
        of ownership or control of 25 percent or more of the 
        outstanding shares of any class of voting securities of one or 
        more companies, directly or indirectly, controls, is controlled 
        by, or is under common control with, another company.''.
                                 <all>