To amend the Fair Labor Standards Act of 1938 to exempt certain employees engaged in outdoor recreational outfitting or guiding services from minimum wage and maximum hours requirements.

I 116TH CONGRESS 2D SESSION H. R. 5835 To amend the Fair Labor Standards Act of 1938 to exempt certain employees engaged in outdoor recreational outfitting or guiding services from min- imum wage and maximum hours requirements. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 10, 2020 Mr. O’HALLERAN (for himself and Mr. STEWART) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Fair Labor Standards Act of 1938 to exempt certain employees engaged in outdoor recreational outfit- ting or guiding services from minimum wage and max- imum hours requirements. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 22:36 Feb 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5835.IH H5835 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5835 IH SECTION 1. EXEMPTION WITH RESPECT TO CERTAIN EM- 1 PLOYEES ENGAGED IN OUTDOOR REC- 2 REATIONAL OUTFITTING OR GUIDING SERV- 3 ICES. 4 Section 13(b) of the Fair Labor Standards Act (29 5 U.S.C. 213(b)) is amended by inserting after paragraph 6 (3) the following: 7 ‘‘(4) any employee principally engaged in out- 8 door recreational outfitting or guiding services and 9 employed by an employer principally engaged in the 10 business of providing such outfitting or guiding serv- 11 ices that— 12 ‘‘(A) does not operate for more than seven 13 months in any calendar year; or 14 ‘‘(B) had average receipts for any six 15 months of the preceding calendar year that 16 were not more than 331⁄3 per centum of its av- 17 erage receipts for the other six months of such 18 year; or’’. 19 Æ VerDate Sep 11 2014 22:36 Feb 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H5835.IH H5835 pamtmann on DSKBC07HB2PROD with BILLS