Rights and protections under the Fair Labor Standards Act of 1938

3 U.S.C. § 413
in effect
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(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 shall apply to covered employees. (2) Interns and volunteers.—For the purposes of this section, the term “covered employee” does not include an intern or a volunteer 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 damages, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938. (c) Regulations To Implement Section.—(1) In general.—The President, or the designee of the President, shall 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 subsections (a) and (b) except to the extent that the President or designee 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 President or designee shall issue regulations for covered employees whose work schedules directly depend on the schedule of the President or the Vice President 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) Effective Date.—Subsections (a) and (b) shall take effect on the earlier of—(1) the effective date of regulations issued under subsection (c); or (2) October 1, 1998.

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