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§1313 Rights and Protections Under Fair Labor Standards Act of 1938

Title 2 › CHAPTER 24 — CONGRESSIONAL ACCOUNTABILITY › SUBCHAPTER II — EXTENSION OF RIGHTS AND PROTECTIONS › Part A — Employment Discrimination, Family and Medical Leave, Fair Labor Standards, Employee Polygraph Protection, Worker Adjustment and Retraining, Employment and Reemployment of Veterans, and Intimidation › § 1313

Last updated Sep 22, 2026|Official source

Summary

Certain pay and overtime protections from the Fair Labor Standards Act apply to "covered employees." Interns are not counted as covered employees if the Board's rules say they are not. Covered employees usually must be paid overtime and cannot get compensatory time off instead of overtime pay, except where the Board's rules allow otherwise. Capitol Police law enforcement who fall under the FLSA 7(k) exemption may choose compensatory time instead of overtime for hours over their work period maximum. If someone breaks these rules, the harmed employee can get the same kinds of remedies, including liquidated damages, that the Fair Labor Standards Act provides. The Board must create rules under section 1384 to put these ideas into practice. Those rules will mostly match the Secretary of Labor’s rules unless the Board shows a good reason to change them. The Board must also make rules for employees whose schedules depend on the House or Senate so they are treated like other workers with irregular schedules. Subsections (a) and (b) become effective 1 year after January 23, 1995.

Title 2, §1313

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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, section 12(c), and section 18D of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c), 218d) 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) and in subsection (c)(4), 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 (d) Omitted

(1)In general

The Board shall, pursuant to section 1384 of this title, 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 [29 U.S.C. 201 et seq.] that apply to employees who have irregular work schedules.

(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 compensatory time off in lieu of overtime compensation for hours worked in excess of the maximum for their work period.

(e)Effective date

Subsections (a) and (b) shall be effective 1 year after January 23, 1995.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Fair Labor Standards Act of 1938, referred to in subsec. (c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. Codification Section is comprised of section 203 of Pub. L. 104–1. Subsec. (d) of section 203 of Pub. L. 104–1 amended section 203 of Title 29, Labor.

Amendments

2025—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)”. 1996—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”. Subsec. (c)(4). Pub. L. 104–197, § 312(b), added par. (4).

Statutory Notes and Related Subsidiaries

Application of Rights and Protections of Fair Labor Standards Act of 1938 to Congressional and Architect of the Capitol Employees Pub. L. 101–157, § 8, Nov. 17, 1989, 103 Stat. 944, provided that: “(a) House Employees.—“(1) In general.—Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to any employee in an employment position in the House of Representatives and to any employing authority of the House of Representatives. “(2) Administration.—In the administration of this subsection, the remedies and procedures under the Fair Employment Practices Resolution shall be applied. As used in this paragraph, the term “Fair Employment Practices Resolution” means House Resolution 558, One Hundredth Congress, agreed to

October 4, 1988, as continued in effect by House Resolution 15, One Hundred First Congress, agreed to

January 3, 1989. “(b) Architect of the Capitol Employees.—Not later than 180 days after the date the minimum wage rate prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is increased pursuant to the amendment made by section 2, the rights and protections under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall apply with respect to individuals employed under the Office of the Architect of the Capitol.”