Working Families Flexibility Act of 2013 - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee.
Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year.
Requires an employer to give employees 30-day notice before discontinuing compensatory time off.
Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time.
Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used.
Directs the Comptroller General (GAO) to report to Congress on: (1) the extent to which employers provide compensatory time off and employees opt to receive it; (2) the number of complaints filed by an employee with the Secretary of Labor alleging a violation of the requirements as well as enforcement actions commenced by the Secretary on behalf of an aggrieved employee; (3) the disposition of such complaints and actions; and (4) any unpaid wages, damages, penalties, injunctive relief, or other remedies sought by the Secretary in connection with such actions.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1406 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1406
To amend the Fair Labor Standards Act of 1938 to provide compensatory
time for employees in the private sector.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 9, 2013
Mrs. Roby (for herself, Mrs. McMorris Rodgers, Mr. Kline, and Mr.
Walberg) 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 ``Working Families Flexibility Act of
2013''.
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:
``(s) 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 1,000 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(s)(4) shall be liable to
the employee affected in the amount of the rate of compensation
(determined in accordance with section 7(s)(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 in section 516.4 of title 29,
Code of Federal Regulations, 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>
Ordered to be Reported (Amended).
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 113-49.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 113-49.
Placed on the Union Calendar, Calendar No. 30.
Rules Committee Resolution H. Res. 198 Reported to House. Rule provides for consideration of H.R. 1406 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
Rule H. Res. 198 passed House.
Considered under the provisions of rule H. Res. 198. (consideration: CR H2502-2522; text of measure as reported in House: CR H2502-2503)
Rule provides for consideration of H.R. 1406 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
DEBATE - The House proceeded with one hour of debate on H.R. 1406.
DEBATE - Pursuant to the provisions of H.Res. 198, the House proceeded with 10 minutes of debate on the Gibson amendment.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
POSTPONED PROCEEDINGS - At the conclusion of debate on the Gibson amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Courtney demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
Considered as unfinished business. (consideration: CR H2519-2523)
Ms. Shea-Porter moved to recommit with instructions to Education and the Workforce. (consideration: CR H2520-2521; text: CR H2520)
DEBATE - The House proceeded with 10 minutes of debate on the Shea-Porter motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to ensure that employees could not be denied the use of compensatory time for the following purposes: (1) to attend medical appointments; (2) to care for a sick family member or if the employee is sick; or (3) to attend counseling or rehabilitation appointments for injuries sustained by the employee as a member of the Armed Forces. The motion would also prohibit employers who have been found to violate the Equal Pay Act of 1963 from replacing monetary overtime with compensatory time.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2521)
On motion to recommit with instructions Failed by recorded vote: 200 - 227 (Roll no. 136).
Roll Call #136 (House)Passed/agreed to in House: On passage Passed by recorded vote: 223 - 204 (Roll no. 137).
Roll Call #137 (House)On passage Passed by recorded vote: 223 - 204 (Roll no. 137).
Roll Call #137 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.