Page:United States Statutes at Large Volume 99 Part 1.djvu/812

 99 STAT. 790 Ante, p. 789.

PUBLIC LAW 99-150—NOV. 13, 1985 stitute work described in section 7(p)(3) may not be required under this subsection to keep a record of the hours of the substitute work.". VOLUNTEERS

SEC. 4. (a) DEFINITION.—Section 3(e) (29 U.S.C. 203(e)) is amended— (1) by striking out "paragraphs (2) and (3)" in paragraph (1) and inserting in lieu thereof "paragraphs (2), (3), and (4)", and (2) by adding at the end the following: "(4)(A) The term 'employee' does not include any individual who volunteers to perform services for a public agency which is a State, a political subdivision of a State, or an interstate governmental agency, if— "(i) 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 "(ii) such services are not the same type of services which the individual is employed to perform for such public agency. "(B) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency may volunteer to perform services for any other State, political subdivision, or interstate governmental agency, including a State, political subdivision or agency with which the employing State, political subdivision, or agency has a mutual aid agreement.". 29 USC 203 note. (b) REGULATIONS.—Not later than March 15, 1986, the Secretary of Labor shall issue regulations to carry out paragraph (4) of section 3(e) (as amended by subsection (a) of this section). 29 USC 203 note. (c) CURRENT PRACTICE.—If, before April 15, 1986, the practice of a public agency was to treat certain individuals as volunteers, such individuals shall until April 15, 1986, be considered, for purposes of 29 USC 201 et the Fair Labor Standards Act of 1938, as volunteers and not as s«9employees. No public agency which is a State, a political subdivision of a State, or an interstate governmental agency shall be liable for a violation of section 6 occurring before April 15, 1986, with respect to services deemed by that agency to have been performed for it by an individual on a voluntary basis. STATE AND LOCAL LEGISLATIVE EMPLOYEES

SEC. 5. Clause (ii) of section 3(e)(2)(C) (29 U.S.C. 203(e)(2)(C)) is amended— (1) by striking out "or" at the end of subclause (III), (2) by striking out "who" in subclause (IV), (3) by striking out the period at the end of subclause (IV) and inserting in lieu thereof ", or", and (4) by adding after subclause (IV) the following: "(V) is an employee in the legislative branch or legislative body of that State, political subdivision, or agency and is not employed by the legislative library of such State, political subdivision, or agency.". EFFECTIVE DATE

29 USC 203 note. SEC. 6. The amendments made by this Act shall take effect Regulations. April 15, 1986. The Secretary of Labor shall before such date promulgate such regulations as may be required to implement such amendments.

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