ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

3 U.S.C. § 413Rights and protections under the Fair Labor Standards Act of 1938

submitted 30 years ago by Pub. L. 104-331 to r/title-3-THE-PRESIDENT · 320 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law applies certain Fair Labor Standards Act protections to covered employees. Covered employees get minimum wage, overtime, and equal-pay rights, but not comp time instead of overtime. The President must issue regulations to carry out these protections.

(a) Fair Labor Standards. (1) In general: The rights and protections in Fair Labor Standards Act of 1938 sections 6(a)(1), 6(d), 7, and 12(c) apply to "covered employees." (2) Interns and volunteers: For this section, "covered employee" does not include an intern or a volunteer, as those terms are defined in regulations issued under subsection (c). (3) Compensatory time: Except as regulations under subsection (c)(3) allow, covered employees may not receive compensatory time off instead of overtime pay. (b) Remedy: The remedy for violating subsection (a) is whatever damages, including liquidated damages, would be appropriate under section 16(b) of the Fair Labor Standards Act of 1938. (c) Regulations To Implement Section. (1) In general: The President, or someone the President designates, must issue regulations to carry out this section. (2) Agency regulations: Except as paragraph (3) allows, those regulations must match the substantive regulations the Secretary of Labor issued to implement the Fair Labor Standards Act provisions referred to in subsections (a) and (b) — unless the President or designee determines, for good cause stated along with the regulation, that a different rule would work better to implement these rights and protections. (3) Irregular work schedules: For covered employees whose work schedules directly depend on the President's or Vice President's schedule, the President or designee must issue regulations comparable to the Fair Labor Standards Act provisions covering employees with irregular work schedules. (d) Effective Date: Subsections (a) and (b) take effect on whichever comes earlier — the effective date of regulations issued under subsection (c), or October 1, 1998.
the actual law source: uscode.house.gov ↗public domain
(a)Fair Labor Standards.—
(1)In general.—

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 shall apply to covered employees.

(2)Interns and volunteers.—

For the purposes of this section, the term “covered employee” does not include an intern or a volunteer as defined in regulations under subsection (c).

(3)Compensatory time.—

Except as provided in regulations under subsection (c)(3), covered employees may not receive compensatory time in lieu of overtime compensation.

(b)Remedy.—

The remedy for a violation of subsection (a) shall be such damages, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938.

(c)Regulations To Implement Section.—
(1)In general.—

The President, or the designee of the President, shall issue regulations to implement this section.

(2)Agency regulations.—

Except 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 subsections (a) and (b) except to the extent that the President or designee 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 schedules.—

The President or designee shall issue regulations for covered employees whose work schedules directly depend on the schedule of the President or the Vice President that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 that apply to employees who have irregular work schedules.

(d)Effective Date.—

Subsections (a) and (b) shall take effect on the earlier of—

(1)

the effective date of regulations issued under subsection (c); or

(2)

October 1, 1998.

Source credit: (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4058.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-331 · 110 Stat. 4058

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-331 on 1996-10-26.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case