Amends the Fair Labor Standards Act of 1938 to exempt from maximum hours requirements any employee who: (1) adjusts or evaluates claims resulting from or relating to a major disaster for at least $591 per week (or any minimum weekly amount established by the Secretary of Labor, whichever is greater) during the 2-year period after the disaster; and (2) is employed as an adjuster or evaluator 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 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1001 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1001
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 disaster or catastrophe claims adjustment after a major
disaster.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2013
Mr. Bonner (for himself, Mr. Hastings of Florida, and Mr. Payne)
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 disaster or catastrophe 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 DISASTER OR CATASTROPHE 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 2 years after the occurrence of a major disaster to any
employee--
``(A) employed to adjust or evaluate claims
resulting from or relating to such major disaster, by
an employer not engaged, directly or through an
affiliate, in underwriting, selling, or marketing
property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average
weekly compensation of not less than $591.00 per week
or any minimum weekly amount established by the
Secretary, whichever is greater, for the number of
weeks such employee is engaged in any of the activities
described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals,
individuals who suffered injuries or other
damages or losses arising from or relating to a
disaster, witnesses, or physicians;
``(ii) inspecting property damage or
reviewing factual information to prepare damage
estimates;
``(iii) evaluating and making
recommendations regarding coverage or
compensability of claims or determining
liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding
litigation.
``(2) Notwithstanding any other provision of section 18, in
the event of a major disaster, this Act exclusively shall
govern all such employers in lieu of any State or other Federal
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, wind driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide,
snowstorm, or drought, or, regardless of cause, any
other catastrophe, including fire, flood, explosion,
land collapse, avalanche, or pollutant or chemical
release;
``(B) the term `employee employed to adjust or
evaluate claims resulting from or relating to such
major disaster' means an individual who timely secured
or secures a license required by applicable law to
engage in and perform the activities described in
clauses (i) through (v) of paragraph (1)(C) relating to
a major disaster, and is employed by an employer that
maintains worker compensation insurance coverage or
protection for its employees, if required by applicable
law, and withholds applicable Federal, State, and local
income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by
reason of ownership or control of twenty-five percent
(25%) 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>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Workforce Protections.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line