Sending Office: Honorable Alcee L. Hastings
Sent By:
Lindsey.Garber@mail.house.gov

Dear Colleague:

Please join us on a letter to House and Senate Chairs and Ranking Members of the Appropriations Subcommittee on Labor, Health & Human Services, Education and Related Agencies urging them to include language in the next appropriations package that would codify
a longstanding Department of Labor (DOL) interpretation as it relates to insurance claims adjusters responding to natural disasters.

Under existing law, as interpreted by DOL regulations, certain insurance claims adjusters are exempt from portions of the
Fair Labor Standards Act (FLSA) because they are considered to be engaged in managerial work.  The DOL interpretation generally means that this subset of adjusters are not restricted to eight-hour workdays when responding to areas that have
sustained serious destruction, whether from hurricanes, floods, tornadoes, earthquakes, or other natural disasters. However, while the DOL has viewed disaster claims adjusting in this manner, the Agency’s interpretation has never been codified.

The letter asks the Chairs and Ranking Members to codify the way the DOL has viewed claims adjusting for almost 75 years, under both Democratic and Republican administrations. Codifying DOL’s current treatment for disaster claims adjusters will expedite
the claims process and benefit everyone.

If you have any questions or would like to join as a cosigner, please email
Lindsey.Garber@mail.house.gov
with Congressman Hastings’ office. We are closing the letter
Friday, September 20th COB.

Sincerely,

Alcee L. Hastings                                           Donald M. Payne, Jr.

Member of Congress                                      Member of Congress

 

September XX, 2019

 

The Honorable Rosa DeLauro

Chairwoman

House Appropriations Subcommittee on Labor, Health & Human Services, Education & Related Agencies

2413 Rayburn House Office Building

Washington, DC 20515-0703

The Honorable Tom Cole

Ranking Member

House Appropriations Subcommittee on Labor, Health & Human Services, Education & Related Agencies

2207 Rayburn House Office Building

Washington, DC 20515-3604

The Honorable Roy Blunt

Chairman

Senate Appropriations Subcommittee on Labor, Health & Human Services, Education & Related Agencies

260 Russell Senate Office Building

Washington, DC 20510-2508

The Honorable Patty Murray

Ranking Member

Senate Appropriations Subcommittee on Labor, Health & Human Services, Education & Related Agencies

154 Russell Senate Office Building

Washington, DC 20510-4704

Dear Chairs and Ranking Members:

We write you as Members of Congress who represent Districts that were recently threatened and/or affected by Hurricane Dorian, as well as Members representing Districts which are often at risk of major disasters.  The hurricane track modeling for Dorian
showed a potential impact on Districts stretching all along the Atlantic Coast, underscoring the need to enact the provisions of H.R. 3179,
To amend the Fair Labor Standards Act of 1938 to provide a specific limited exemption from the overtime pay requirements of such Act for work related to disaster or catastrophe claims adjustment after a major disaster. H.R. 3179 was incorporated into
H.R. 2874, the 21st Century Flood Reform Act, which passed by the House in November 2017.

Under existing law, as interpreted by the U.S. Department of Labor (DOL) regulations, certain insurance claims adjusters are exempt from portions of the
Fair Labor Standards Act (FSLA), because they are considered to be engaged in managerial work.  The DOL interpretation generally means that this subset of adjusters are not restricted to eight-hour workdays when responding to a major disaster.  However,
while the DOL has viewed disaster claims adjusting in this manner, the Agency’s interpretation has never been codified.

While portions of H.R. 3179 have been included in the recent year-end omnibus appropriations bills since 2014, the omnibus language only applies for that specific fiscal year. Including a permanent codification in an appropriations package will help to provide
additional clarity with respect to the FLSA’s application to certain disaster claims adjusters.  Therefore, to help expedite disaster recovery efforts, we ask that you include the attached language in the next appropriations package.

Thank you for your time and consideration of your request. Please let us know if we can answer any further questions.

 

Related Legislative Issues

Selected legislative information: Finance, Labor

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