; or (B) requiring any employee to use such compensatory time. (5) Termination of employment An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time in accordance with paragraph (6). (6) Rate of compensation (A) General rule If compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than— (i) the regular rate received by such employee when the compensatory time was earned; or (ii) the final regular rate received by such employee, whichever is higher. (B) Consideration of payment Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation. (7) Use of time An employee— (A) who has accrued compensatory time off authorized to be provided under paragraph (1); and (B) who has requested the use of such compensatory time, shall be permitted by the employee’s employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. (8) Definitions For purposes of this subsection— (A) the term employee does not include an employee of a public agency; and (B) the terms overtime compensation , compensatory time , and compensatory time off shall have the meanings given such terms by subsection (o)(7). . 3. Remedies Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) is amended— (1) in subsection (b), by striking (b) Any employer and inserting (b) Except as provided in subsection (f), any employer