Family Time Flexibility Act - Amends the Fair Labor Standards Act of 1938 (FLRA) to provide an optional program of compensatory time-off (comp-time) in lieu of overtime payments for employees (except employees of public agencies).
(Sec. 2) Allows an employer to offer, and an employee to receive, in lieu of monetary overtime compensation, comp-time at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act.
Requires, with respect to such comp-time, that employee participation be voluntary, and that collective bargaining agreements be honored.
Requires that the employee have worked at least 1,000 hours during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of comp-time.
Limits the amount of such comp-time that can be accrued by the employee to not more than 160 hours.
Requires the employer to provide monetary compensation for any unused comp-time accrued during the preceding calendar year or other designated 12-month accounting period.
Permits employers, upon giving 30-days' notice, to provide monetary compensation for an employee's unused comp-time in excess of 80 hours.
Permits employers, upon giving 30-days' notice to their employees, to cancel the comp-time option policy for their employees, unless a collective bargaining agreement prevents this.
Allows employees to withdraw from the comp-time option program at any time and upon giving notice. Allows employees, at any time, to request in writing that monetary compensation be provided in place of their comp-time balance. Requires employers to provide such monetary compensation within 30 days of receiving such request.
Prohibits employers who provide such comp-time option from intimidating any employee to request or not request such option or to require any employee to use such comp-time.
Requires that employees, upon voluntary or involuntary termination of employment, be paid for the unused comp-time if they accrued it under such option programs.
Sets the rate of monetary compensation for accrued comp-time under this Act at not less than the employee's regular rate when the comp-time was earned or the employee's final regular rate.
Requires the employer to permit use of comp-time accrued under such an option program within a reasonable time after the employee's request if such use does not unduly disrupt the employer's operations.
(Sec. 3) Makes employers who violate this Act's prohibitions against intimidation liable to affected employees in the amount of monetary compensation (regular rate) for accrued comp-time, and an additional equal amount as liquidated damages (reduced by the amount of such compensation for each hour of comp-time used).
(Sec. 4) Directs the Secretary of Labor to revise materials for employer notices to employees explaining FLRA to reflect amendments made by this Act.
(Sec. 5) Terminates this Act five years after its enactment.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1119 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1119
To amend the Fair Labor Standards Act of 1938 to provide compensatory
time for employees in the private sector.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2003
Mrs. Biggert (for herself, Ms. Pryce of Ohio, Ms. Dunn, Ms. Granger,
Mr. Boehner, Mr. Norwood, Mrs. Blackburn, Mr. Ballenger, Mrs. Myrick,
Ms. Hart, Mr. Blunt, Mr. Stenholm, Mrs. Johnson of Connecticut, Mrs.
Wilson of New Mexico, Mr. Lipinski, Mrs. Bono, Mr. Sam Johnson of
Texas, Mrs. Musgrave, Mrs. Northup, Mr. Cole, Mrs. Jo Ann Davis of
Virginia, Mr. Gingrey, Mr. Reynolds, Mr. Tiberi, Mr. Petri, Mr.
Hoekstra, Mr. McKeon, Mr. Greenwood, Mr. Ehlers, Mr. DeMint, Mr.
Isakson, Mr. Keller, Mr. Platts, Mr. Osborne, Mr. Wilson of South
Carolina, Mr. Kline, Mr. Barrett of South Carolina, Ms. Ginny Brown-
Waite of Florida, Mr. Brady of Texas, Mr. Burton of Indiana, Mr. Buyer,
Mr. Brown of South Carolina, Mr. Camp, Mr. Crane, Mr. Culberson, Mr.
Cunningham, Mr. Dreier, Mr. Franks of Arizona, Mr. Goodlatte, Mr.
Hastings of Washington, Mr. Kennedy of Minnesota, Mr. Kirk, Mr. Kolbe,
Mr. Manzullo, Mr. Otter, Mr. Ose, Mr. Paul, Mr. Pitts, Mr. Rogers of
Michigan, Mr. Rohrabacher, Mr. Schrock, Mr. Simmons, Mr. Smith of
Michigan, Mr. Souder, Mr. Tancredo, Mr. Terry, Mr. Walden of Oregon,
Mr. Weldon of Florida, Mr. Hyde, Mr. Baker, Mr. Gillmor, Mr. Chabot,
and Mr. Shadegg) introduced the following bill; which was referred to
the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to provide compensatory
time for employees in the private sector.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Time Flexibility Act''.
SEC. 2. COMPENSATORY TIME.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)
is amended by adding at the end the following:
``(r) Compensatory Time Off for Private Employees.--
``(1) General rule.--
``(A) Compensatory time off.--An employee may
receive, in accordance with this subsection and in lieu
of monetary overtime compensation, compensatory time
off at a rate not less than one and one-half hours for
each hour of employment for which overtime compensation
is required by this section.
``(B) Definition.--For purposes of this subsection,
the term `employee' does not include an employee of a
public agency.
``(2) Conditions.--An employer may provide compensatory
time to employees under paragraph (1)(A) only if such time is
provided in accordance with--
``(A) applicable provisions of a collective
bargaining agreement between the employer and the labor
organization which has been certified or recognized as
the representative of the employees under applicable
law; or
``(B) in the case of employees who are not
represented by a labor organization which has been
certified or recognized as the representative of such
employees under applicable law, an agreement arrived at
between the employer and employee before the
performance of the work and affirmed by a written or
otherwise verifiable record maintained in accordance
with section 11(c)--
``(i) in which the employer has offered and
the employee has chosen to receive compensatory
time in lieu of monetary overtime compensation;
and
``(ii) entered into knowingly and
voluntarily by such employees and not as a
condition of employment.
No employee may receive or agree to receive compensatory time
off under this subsection unless the employee has worked at
least 1000 hours for the employee's employer during a period of
continuous employment with the employer in the 12-month period
before the date of agreement or receipt of compensatory time
off.
``(3) Hour limit.--
``(A) Maximum hours.--An employee may accrue not
more than 160 hours of compensatory time.
``(B) Compensation date.--Not later than January 31
of each calendar year, the employee's employer shall
provide monetary compensation for any unused
compensatory time off accrued during the preceding
calendar year which was not used prior to December 31
of the preceding year at the rate prescribed by
paragraph (6). An employer may designate and
communicate to the employer's employees a 12-month
period other than the calendar year, in which case such
compensation shall be provided not later than 31 days
after the end of such 12-month period.
``(C) Excess of 80 hours.--The employer may provide
monetary compensation for an employee's unused
compensatory time in excess of 80 hours at any time
after giving the employee at least 30 days notice. Such
compensation shall be provided at the rate prescribed
by paragraph (6).
``(D) Policy.--Except where a collective bargaining
agreement provides otherwise, an employer which has
adopted a policy offering compensatory time to employees may
discontinue such policy upon giving employees 30 days notice.
``(E) Written request.--An employee may withdraw an
agreement described in paragraph (2)(B) at any time. An
employee may also request in writing that monetary
compensation be provided, at any time, for all
compensatory time accrued which has not yet been used.
Within 30 days of receiving the written request, the
employer shall provide the employee the monetary
compensation due in accordance with paragraph (6).
``(4) Private employer actions.--An employer which provides
compensatory time under paragraph (1) to employees shall not
directly or indirectly intimidate, threaten, or coerce or
attempt to intimidate, threaten, or coerce any employee for the
purpose of--
``(A) interfering with such employee's rights under
this subsection to request or not request compensatory
time off in lieu of payment of monetary overtime
compensation for overtime hours; 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.--The terms `overtime compensation' and
`compensatory time' shall have the meanings given such terms by
subsection (o)(7).''.
SEC. 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''; and
(2) by adding at the end the following:
``(f) An employer which violates section 7(r)(4) shall be liable to
the employee affected in the amount of the rate of compensation
(determined in accordance with section 7(r)(6)(A)) for each hour of
compensatory time accrued by the employee and in an additional equal
amount as liquidated damages reduced by the amount of such rate of
compensation for each hour of compensatory time used by such
employee.''.
SEC. 4. NOTICE TO EMPLOYEES.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Labor shall revise the materials the Secretary
provides, under regulations published at 29 C.F.R. 516.4, to employers
for purposes of a notice explaining the Fair Labor Standards Act of
1938 to employees so that such notice reflects the amendments made to
such Act by this Act.
SEC. 5. SUNSET.
This Act and the amendments made by this Act shall expire 5 years
after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E401-402)
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Workforce Protections.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 8 - 6.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by the Yeas and Nays: 27 - 22.
Sponsor introductory remarks on measure. (CR H4207-4208)
Sponsor introductory remarks on measure. (CR H4260-4261)
Reported by the Committee on Education and the Workforce. H. Rept. 108-127.
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Reported by the Committee on Education and the Workforce. H. Rept. 108-127.
Placed on the Union Calendar, Calendar No. 64.