Sec. 108. ### (a)
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## SEC. 108 ###
(a)Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the following text is part of such section: > > ### “(s) > > > ####
(1)> > The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— > > > ##### “(A) > > employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; > > > ##### “(B) > > who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and > > > ##### “(C) > > whose duties include any of the following: > > > ###### “(i) > > interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; > > > ###### “(ii) > > inspecting property damage or reviewing factual information to prepare damage estimates; > > > ###### “(iii) > > evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; > > > ###### “(iv) > > negotiating settlements; or > > > ###### “(v) > > making recommendations regarding litigation. > > > #### “(2) > > The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). > > > #### “(3) > > For purposes of this subsection— > > > ##### “(A) > > the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency or department; > > > ##### “(B) > > the term ‘employee employed to adjust or evaluate claims resulting from or relating to such major disaster’ means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses
(i)through
(v)of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and > > > ##### “(C) > > the term ‘affiliate’ means a company that, by reason of ownership or control of 25 percent or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company.” > . ###
(b)This section shall be effective on the date of enactment of this Act.
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