Page:United States Statutes at Large Volume 99 Part 1.djvu/809

 PUBLIC LAW 99-150—NOV. 13, 1985

99 STAT. 787

Public Law 99-150 99th Congress An Act To amend the Fair Labor Standards Act of 1938 to authorize the provision of compensatory time in lieu of overtime compensation for employees of States, political subdivisions of States, and interstate governmental agencies, to clarify the application of the Act to volunteers, and for other purposes.

Nov. 13, 1985 [S. 1570]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Fair Labor Standards SHORT TITLE; R E F E R E N C E TO ACT

,Amendments of

SECTION 1. (a) SHORT TITLE.—This Act may be cited as the "Fair 29 USC 201 note. Labor Standards Amendments of 1985". (b) REFERENCE TO ACT.—Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be a reference to a section or other provision of the Fair Labor Standards Act of 1938. 29 USC 201 et COMPENSATORY TIME

SEC. 2. (a) COMPENSATORY TIME.—Section 7 (29 U.S.C. 207) is

amended by adding at the end the following: "(o)(1) Employees of a public agency which is a State, a political subdivision of a State, or an interstate governmental agency may receive, in accordance with this subsection and 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 this section. "(2) A public agency may provide compensatory time under paragraph (1) only— "(A) pursuant to— "(i) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the public agency and representatives of such employees; or "(ii) in the case of employees not covered by subclause (i), an agreement or understanding arrived at between the employer and employee before the performance of the work; and "(B) if the employee has not accrued compensatory time in excess of the limit applicable to the employee prescribed by paragraph (3). In the Case of employees described in clause (A)(ii) hired prior to April 15, 1986, the regular practice in effect on April 15, 1986, with respect to compensatory time off for such employees in lieu of the receipt of overtime compensation, shall constitute an agreement or understanding under such clause (A)(ii). Except as provided in the previous sentence, the provision of compensatory time off to such employees for hours worked after April 14, 1986, shall be in accordance with this subsection.



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