Page:United States Statutes at Large Volume 99 Part 1.djvu/810

 99 STAT. 788

PUBLIC LAW 99-150—NOV. 13, 1985 "(3)(A) If the work of an employee for which compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the employee engaged in such work may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If such work was any other work, the employee engaged in such work may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986. Any such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of compensatory time off shall, for additional overtime hours of work, be paid overtime compensation. "(B) If compensation is paid to an employee for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. "(4) An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation not less than— "(A) the average regular rate received by such employee during the last 3 years of the employee's employment, or "(B) the final regular rate received by such employee, whichever is higher "(5) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency— "(A) who has accrued compensatory time off authorized to be provided under paragraph (1), and "(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the public agency. "(6) For purposes of this subsection— "(A) the term 'overtime compensation' means the compensation required by subsection (a), and "(B) the terms 'compensatory time' and 'compensatory time off mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee's regular rate.".

29 USC 207 note.

ft))

Ante, p. 787.

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 section 7(o) of the Fair Labor Standards Act of 1938 (as added by subsection (a)).

29 USC 216 note.

29 USC 216. 29 USC 206. Ante, p. 787; post, p. 789.

EXISTING COLLECTIVE BARGAINING AGREEMENTS.—A Collective

(c) LIABILITY AND DEFERRED PAYMENT.—(1) N o State,

political

subdivision of a State, or interstate governmental agency shall be liable under section 16 of the Fair Labor Standards Act of 1938 for a violation of section 6 (in the case of a territory or possession of the United States), 7, or 11(c) (as it relates to section 7) of such Act occurring before April 15, 1986, with respect to any employee of the State, political subdivision, or agency who would not have been covered by such Act under the Secretary of Labor's special enforce-

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