APPLICABILITY OF FAIR LABOR STANDARDS ACT REQUIREMENTS AND LIMITATION ON LIABILITY.

SEC. 306. APPLICABILITY OF FAIR LABOR STANDARDS ACT REQUIREMENTS AND LIMITATION ON LIABILITY.(a) Applicability Following This Act.—Beginning on the date of enactment of this Act, section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall apply to a covered employee notwithstanding section 13(b)(1) of that Act (29 U.S.C. 213(b)(1)).(b) Liability Limitation Following SAFETEA–LU.—(1) Limitation on liability.—An employer shall not be liable for a violation of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) with respect to a covered employee if—(A) the violation occurred in the 1-year period beginning on August 10, 2005; and(B) as of the date of the violation, the employer did not have actual knowledge that the employer was subject 122 STAT. 1621 to the requirements of such section with respect to the covered employee.(2) Actions to recover amounts previously paid.—Nothing in paragraph (1) shall be construed to establish a cause of action for an employer to recover amounts paid before the date of enactment of this Act in settlement of, in compromise of, or pursuant to a judgment rendered regarding a claim or potential claim based on an alleged or proven violation of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) occurring in the 1-year period referred to in paragraph (1)(A) with respect to a covered employee.(c) Covered Employee Defined.—In this section, the term “covered employee” means an individual—(1) who is employed by a motor carrier or motor private carrier (as such terms are defined by section 13102 of title 49, United States Code, as amended by section 305);(2) whose work, in whole or in part, is defined—(A) as that of a driver, driver’s helper, loader, or mechanic; and(B) as affecting the safety of operation of motor vehicles weighing 10,000 pounds or less in transportation on public highways in interstate or foreign commerce, except vehicles—(i) designed or used to transport more than 8 passengers (including the driver) for compensation;(ii) designed or used to transport more than 15 passengers (including the driver) and not used to transport passengers for compensation; or(iii) used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of title 49, United States Code, and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103 of title 49, United States Code; and(3) who performs duties on motor vehicles weighing 10,000 pounds or less.