1. Short title
This Act may be cited as the “Border Patrol Pay Security Act of 2019”.
Border Patrol Pay Security Act of 2019
A BILL
To amend the Fair Labor Standards Act of 1938 to ensure compensation for certain hours of work for border patrol agents, and for other purposes.
2. Fair labor standards pay for border patrol agents
Purpose— The purposes of this Act are to strengthen U.S. Customs and Border Protection and ensure that border patrol agents are compensated for certain hours of work with premium pay for certain hours of overtime work.
Fair labor standards act premium pay— Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
“(t) Employment as a border patrol agent—No public agency shall be deemed to have violated subsection (a) with respect to the employment of any border patrol agent, as defined in paragraph (1) of section 5550 of title 5, United States Code, if, during a work period of 14 consecutive days, the border patrol agent receives compensation at a rate not less than one and one-half times the regular rate at which he or she is employed for all hours of work from 80 hours to 100 hours. Payments required under this section shall be—
“(1) in addition to any payments made under such section 5550;
“(2) made notwithstanding any pay limitations set forth in that title; and
“(3) paid as additional “half-time” as the straight time portion shall be deemed paid for the hours for which payments under such section 5550 have been made.”
Technical and conforming amendments— Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. section 213(a)) is amended by striking paragraph (18).