Fair Labor Standards Amendments of 1985

(Conference report filed in House, H. Rept. 99-357)

Fair Labor Standards Amendments of 1985 - Amends the Fair Labor Standards Act of 1938 (the Act) to allow State, local, or interstate government employees to receive, in lieu of overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by the Act.

Allows a public agency to provide such compensatory time only pursuant to: (1) applicable provisions of a collective bargaining agreement between the public agency and representatives of such employees; or (2) in the case of employees not covered by a collective bargaining agreement, an agreement or understanding arrived at between the employer and the employee before the performance of the work. Provides that, in the case of employees not covered by a collective bargaining agreement and hired prior to April 15, 1986, the regular practice in effect on such date with respect to compensatory time off in lieu of overtime compensation shall constitute such an agreement or understanding.

Limits the amount of such compensatory time which public employees may accrue after April 15, 1985, to 240 hours or 480 hours in the case of work which included a public safety activity, an emergency response activity, or a seasonal activity. Requires that if compensation is paid to such employee for accrued compensatory time off such compensation be paid at the regular rate earned by the employee at the time of payment. Requires that, upon termination of such employment, the unused compensatory time off be paid for at a rate not less than the higher of: (1) the average regular rate received by such employee during the last three years of employment; or (2) the final regular rate received by such employee.

Requires that public employees who have accrued such compensatory time and requested its use be permitted to use it within a reasonable period after making such request if its use does not unduly disrupt the operations of the public agency.

Provides that a collective bargaining agreement which is in effect on April 15, 1986, and which permits compensatory time off in lieu of overtime compensation shall remain in effect until its expiration date unless otherwise modified, except that compensatory time shall be provided after April 14, 1986, in accordance with this Act.

Provides that States, local governments, and interstate governmental agencies shall not be liable for specified overtime and related paperwork violations under the Act which occur before April 15, 1986, with respect to employees who would not have been covered by the Act under the Secretary of Labor's special enforcement policy in effect on January 1, 1985.

Permits States, local governments, or interstate governmental agencies to defer until August 1, 1986, the payment of monetary overtime compensation under the Act for hours of employment after April 14, 1986.

Adds provisions relating to special detail work for fire protection and law enforcement (including prison security) employees of State, local, or intergovernmental agencies. Provides that those hours on special detail work for a separate or independent employer shall be excluded by the public agency in the calculation of overtime compensation, if the employee agrees, solely at the employee's option, to perform such special detail work and if the public agency: (1) requires that its employees engaged in fire protection, law enforcement, or security activities be hired by a separate and independent employer to perform the special detail; (2) facilitates the employment of such employees by a separate and independent employer; or (3) otherwise affects the conditions of employment of such employees by a separate and independent employer.

Provides that an employee's hours of part-time employment with a public agency in a substantially different capacity from the employee's regular full-time employment with such agency shall be excluded from the calculation of overtime compensation, if such part-time employment is undertaken on an occasional and sporadic basis and solely at the employee's option.

Adds provisions relating to substitution work by and for employees of State, local, and intergovernmental agencies. Provides that those hours of substitution during scheduled work hours for a fellow employee shall be excluded by the public agency in the calculation of the substituting employee's overtime compensation, if such employee agrees to perform such substitute work with the public agency's approval and solely at the employee's option. Provides that the employer may not be required to keep a record of the hours of such substitute work under certain overtime recordkeeping requirements under the Act.

Revises the definition of "employee" under the Act to exclude any individual who volunteers to perform services for a State, local, or interstate governmental agency, if: (1) the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered; and (2) such services are not the same type of services which the individual is employed to perform for such public agency. Permits State, local, and interstate government agency employees to volunteer to perform services for any other State, local, or interstate governmental agency, including one with which the employing agency has a mutual aid agreement. Directs the Secretary of Labor to issue regulations to carry out such provisions relating to volunteers by March 15, 1986.

Provides that if before April 15, 1986, a public agency's practice was to treat certain persons as volunteers, then such persons shall be considered volunteers and not employees for purposes of the Act until April 15, 1986. Provides that no State, local government, or interstate governmental agency shall be liable for a violation of minimum wage requirements under the Act occurring before April 15, 1986, with respect to services performed for the public agency by any individual who performed such services as a volunteer.

Revises the definition of "employee" to exclude from coverage under the Act State and local legislative employees who are not legislative library employees.

Makes the amendments made by this Act effective on April 15, 1986, but directs the Secretary of Labor to promulgate before such date regulations to implement such amendments.

Prohibits construing such amendments as affecting whether a State, local government, or interstate governmental agency is liable under penalty provisions of the Act for violations of minimum wage, overtime, or paperwork requirements occurring before April 15, 1986, with respect to any employee who would have been covered by the Act under the Secretary of Labor's special enforcement policy in effect on January 1, 1985.

Requires that a State, local government, or interstate governmental agency be held to have violated specified provisions of the Act if it discriminates or has discriminated against an employee with respect to wages or other terms or conditions of employment because on or after February 19, 1985, the employee asserted coverage under overtime provisions of the Act. Requires, after August 1, 1986, an employee to assert coverage under specified nondiscrimination provisions of the Act in order to be entitled to such protection against discrimination.l