To amend the Fair Labor Standards Act of 1938 to clarify the exemption from the minimum wage and overtime compensation requirements of that Act for certain construction engineering and design professionals.

January 29, 2003

Mr. GRAHAM of South Carolina introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To amend the Fair Labor Standards Act of 1938 to clarify the exemption from the minimum wage and overtime compensation requirements of that Act for certain construction engineering and design professionals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. FAIR LABOR STANDARDS ACT OF 1938.

Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended--

(1) in paragraph (17), by striking the period at the end and inserting `; or'; and

(2) by adding at the end the following:

`(18) any employee providing professional consulting services recognized by a 4-year degree or greater, professional licensure, professional certification, or at least 8 years of similar work experience, if--

`(A) the employee's duties include--

`(i) interpretation and adherence to design documents and applicable construction codes;

`(ii) supervision during a project;

`(iii) interpretation of contract requirements through analysis of specifications and drawings;

`(iv) the application of a variety of testing and inspection techniques;

`(v) implementation of research methods;

`(vi) supervision of the inspection of materials and workmanship; or

`(vii) the interpretation of engineering principles and national, State, and local construction code requirements or of established codes (such as the Uniform Building Code) set by nationally recognized standard-setting organizations (such as the International Conference of Building Officials); and

`(B) the employee's services relate to the preliminary or conceptual design and development, design, bidding, construction, and postconstruction evaluation phases of engineering, architecture, landscape architecture, land and hydrographic surveying, land use planning, natural, environmental, and earth sciences, and construction technology.'.

END