United States Code

USC most recently checked for updates: May 22, 2024

§ 1313.
Rights and protections under Fair Labor Standards Act of 1938
Fair labor standards
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 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c)) shall apply to covered employees.


For the purposes of this section, the term “covered employee” does not include an intern as defined in regulations under subsection (c).

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.


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)).

Regulations to implement section
In general

The Board shall, pursuant to section 1384 of this title, issue regulations to implement this section.

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.

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.

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.

Effective date

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

(Pub. L. 104–1, title II, § 203, Jan. 23, 1995, 109 Stat. 10; Pub. L. 104–197, title III, § 312, Sept. 16, 1996, 110 Stat. 2415.)
cite as: 2 USC 1313