2012 US Code
Title 2 - The Congress
Chapter 24 - CONGRESSIONAL ACCOUNTABILITY (§§ 1301 - 1438)
Subchapter II - EXTENSION OF RIGHTS AND PROTECTIONS (§§ 1311 - 1371)
Part A - Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph... (§§ 1311 - 1317)
Section 1313 - Rights and protections under Fair Labor Standards Act of 1938
Publication Title | United States Code, 2012 Edition, Title 2 - THE CONGRESS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 2 - THE CONGRESS CHAPTER 24 - CONGRESSIONAL ACCOUNTABILITY SUBCHAPTER II - EXTENSION OF RIGHTS AND PROTECTIONS Part A - Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation Sec. 1313 - Rights and protections under Fair Labor Standards Act of 1938 |
Contains | section 1313 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 104-1, title II, §203, Jan. 23, 1995, 109 Stat. 10; Pub. L. 104-197, title III, §312, Sept. 16, 1996, 110 Stat. 2415. |
Statutes at Large References | 52 Stat. 1060 109 Stat. 10 110 Stat. 2415 |
Public Law References | Public Law 104-1, Public Law 104-197 |
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The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c)) shall apply to covered employees.
(2) InternsFor the purposes of this section, the term “covered employee” does not include an intern as defined in regulations under subsection (c) of this section.
(3) Compensatory timeExcept as provided in regulations under subsection (c)(3) of this section and in subsection (c)(4) of this section, covered employees may not receive compensatory time in lieu of overtime compensation.
(b) RemedyThe remedy for a violation of subsection (a) of this section shall be such remedy, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
(c) Regulations to implement section (1) In generalThe Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.
(2) Agency regulationsExcept as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) of this section except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
(3) Irregular work schedulesThe Board shall issue regulations for covered employees whose work schedules directly depend on the schedule of the House of Representatives or the Senate that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 [29 U.S.C. 201 et seq.] that apply to employees who have irregular work schedules.
(4) Law enforcementLaw enforcement personnel of the Capitol Police who are subject to the exemption under section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)) may elect to receive compensatory time off in lieu of overtime compensation for hours worked in excess of the maximum for their work period.
(d) Omitted (e) Effective dateSubsections (a) and (b) of this section shall be effective 1 year after January 23, 1995.
(Pub. L. 104–1, title II, §203, Jan. 23, 1995, 109 Stat. 10; Pub. L. 104–197, title III, §312, Sept. 16, 1996, 110 Stat. 2415.)
References in TextThe Fair Labor Standards Act of 1938, referred to in subsec. (c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.
CodificationSection is comprised of section 203 of Pub. L. 104–1. Subsec. (d) of section 203 of Pub. L. 104–1 amended section 203 of Title 29, Labor.
Amendments1996—Subsec. (a)(3). Pub. L. 104–197, §312(a), inserted “and in subsection (c)(4) of this section” after “subsection (c)(3) of this section”.
Subsec. (c)(4). Pub. L. 104–197, §312(b), added par. (4).
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