Bill Summary
This bill, known as the Outdoor Recreational Outfitting and Guiding Act, aims to amend the Fair Labor Standards Act of 1938 by exempting certain employees who work in outdoor recreational outfitters or guiding services from maximum hours requirements. This means that these employees would not be subject to the standard 40 hour work week and could potentially work longer hours without receiving overtime pay. The bill also specifies that this exemption would only apply to employers who operate for seven months or less in a calendar year, or have significantly lower average receipts in one half of the year compared to the other half.
Possible Impacts
1. For employees working in the outdoor recreational outfitting or guiding industry, this legislation could potentially exempt them from the maximum hours requirements set by the Fair Labor Standards Act. This could mean that they are able to work longer hours without being subject to overtime pay or other labor laws.
2. For employers in the outdoor recreational outfitting or guiding industry, this legislation could potentially allow them to operate for longer periods of time without being subject to the maximum hours requirements. This could give them more flexibility in scheduling and potentially increase their profits.
3. The exemption criteria outlined in the legislation, such as operating for less than seven months in a year or having lower average receipts, could potentially limit the number of employees who are eligible for this exemption. As a result, some individuals in this industry may not benefit from the exemption and may still be subject to the maximum hours requirements.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6128 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6128
To amend the Fair Labor Standards Act of 1938 to exempt certain
employees engaged in outdoor recreational outfitting or guiding
services from maximum hours requirements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 1, 2023
Mr. Moore of Utah (for himself and Ms. Pettersen) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to exempt certain
employees engaged in outdoor recreational outfitting or guiding
services from maximum hours requirements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Outdoor Recreational Outfitting and
Guiding Act''.
SEC. 2. EXEMPTION WITH RESPECT TO CERTAIN EMPLOYEES ENGAGED IN OUTDOOR
RECREATIONAL OUTFITTING OR GUIDING SERVICES.
Section 13(b) of the Fair Labor Standards Act (29 U.S.C. 213(b)) is
amended by inserting after paragraph (3) the following:
``(4) any employee principally engaged in outdoor
recreational outfitting or guiding services and employed by an
employer principally engaged in the business of providing such
outfitting or guiding services that--
``(A) does not operate for more than seven months
in any calendar year; or
``(B) had average receipts for any six months of
the preceding calendar year that were not more than
33\1/3\ per centum of its average receipts for the
other six months of such year; or''.
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