§ 1313. Rights and protections under Fair Labor Standards Act of 1938

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1995

   Pub. L. 104–1 title II § 203 · 109 Stat. 3

   Enacted · 2 U.S.C. § 1313

   Pub. L. 104–1, title II, § 203, Jan. 23, 1995, 109 Stat. 10

   Source evidence

   Code source credit
   Pub. L. 104–1, title II, § 203, Jan. 23, 1995, 109 Stat. 10

   Enacted provision · exact public law section
   SEC. 203. RIGHTS AND PROTECTIONS UNDER THE FAIR LABOR STANDARDS ACT OF 1938. (a) Fair Labor Standards.— (1) In general.— The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c)) shall apply to covered employees. (2) Interns.— For the purposes of this section, the term “covered employee” does not include an intern as defined in regulations under subsection (c). (3) Compensatory time.— Except as provided in regulations under subsection (c)(3), covered employees may not receive compensatory time in lieu of overtime compensation. (b) Remedy.— The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)). (c) Regulations To Implement Section.— (1) In general.— The Board shall, pursuant to section 304, issue regulations to implement this section. (2) Agency regulations.— Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. (3) Irregular work schedules.— The Board shall issue regulations for covered employees whose work schedules directly depend on the schedule of the House of Representatives or the Senate that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 that apply to employees who have irregular work schedules. (d) Application to the Government Printing Office.— Section 3(e)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)(A)) is amended— (1) in clause (iii), by striking “legislative or”, (2) by striking “or” at the end of clause (iv), and (3) by striking the semicolon at the end of clause (v) and inserting “, or” and by adding after clause (v) the following: “(vi) the Government Printing Office;”. (e) Effective Date.— Subsections (a) and (b) shall be effective 1 year after the date of the enactment of this Act.

2. 1996

   Legislative Branch Appropriations Act, 1997

   Pub. L. 104–197 § 312(a) · 110 Stat. 2394

   Inserted · 2 U.S.C. § 1313(a)(3)

   Pub. L. 104–197, § 312(a), inserted “and in subsection (c)(4) of this section” after “subsection (c)(3) of this section”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 104–197, § 312(a), inserted “and in subsection (c)(4) of this section” after “subsection (c)(3) of this section”.

   Enacted provision · exact public law section
   (a) Section 203(a)(3) of Public Law 104–1 (2 U.S.C. 1313(a)(3)) is amended by inserting “and in subsection (c)(4)” after “(c)(3)”

3. 1996

   Legislative Branch Appropriations Act, 1997

   Pub. L. 104–197 § 312(b) · 110 Stat. 2394

   Added · 2 U.S.C. § 1313(c)(4)

   Pub. L. 104–197, § 312(b), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 104–197, § 312(b), added par. (4).

   Enacted provision · exact public law section
   (b) Section 203(c) of Public Law 104–1 (2 U.S.C. 1313(c)) is amended by adding at the end the following paragraph: “(4) Law enforcement.— Law enforcement personnel of the Capitol Police who are subject to the exemption under section 7(k) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(k)) may elect to receive compensator time off in lieu of overtime compensation for hours worked in excess of the maximum for their work period.”.

4. 2025

   Pub. L. 119–37 div. C title II § 211 · 139 Stat. 584

   1. Substituted · 2 U.S.C. § 1313(a)(1)

      Pub. L. 119–37 substituted “section 12(c), and section 18D” for “and section 12(c)”

   2. Inserted · 2 U.S.C. § 1313(a)(1)

      Pub. L. 119–37 inserted “, 218d” after “212(c)”

   Unresolved: Pub. L. 119–37 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 119–37 substituted “section 12(c), and section 18D” for “and section 12(c)” and inserted “, 218d” after “212(c)”.

3 of 5 references resolved to an enrolled provision · 2 unresolved