(This measure has not been amended since it was reported to the House on May 2, 2017. The summary of that version is repeated here.)
Working Families Flexibility Act of 2017
(Sec. 2) This bill amends the Fair Labor Standards Act of 1938 to authorize employers to provide compensatory time off to private employees at a rate of not less than 1 1/2 hours for each hour of employment for which overtime compensation is required, but 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.
The bill prohibits an employee from accruing more than 160 hours of compensatory time. An employer must provide monetary compensation for any unused compensatory time off accrued during the preceding year.
The bill requires an employer to give employees 30-day notice before discontinuing compensatory time off.
The bill 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.
(Sec. 3) The bill 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.
(Sec. 5) The Government Accountability Office must 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 employees with the Department of Labor alleging a violation of such requirements and the number of enforcement actions commenced by Labor on behalf of aggrieved employees; (3) the disposition of such complaints and actions; and (4) any unpaid wages, damages, penalties, injunctive relief, or other remedies sought by Labor in connection with such actions.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1180 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1180
To amend the Fair Labor Standards Act of 1938 to provide compensatory
time for employees in the private sector.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 16, 2017
Mrs. Roby 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
2017''.
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.--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.
``(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 that 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 that 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 that 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 that 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 that 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 that 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.--For purposes of this subsection--
``(A) the term `employee' does not include an
employee of a public agency; and
``(B) 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 that 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 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. GAO REPORT.
Beginning 2 years after the date of enactment of this Act and each
of the 3 years thereafter, the Comptroller General shall submit a
report to Congress providing, with respect to the reporting period
immediately prior to each such report--
(1) data concerning the extent to which employers provide
compensatory time pursuant to section 7(s) of the Fair Labor
Standards Act of 1938, as added by this Act, and the extent to
which employees opt to receive compensatory time;
(2) the number of complaints alleging a violation of such
section filed by any employee with the Secretary of Labor;
(3) the number of enforcement actions commenced by the
Secretary or commenced by the Secretary on behalf of any
employee for alleged violations of such section;
(4) the disposition or status of such complaints and
actions described in paragraphs (2) and (3); and
(5) an account of any unpaid wages, damages, penalties,
injunctive relief, or other remedies obtained or sought by the
Secretary in connection with such actions described in
paragraph (3).
SEC. 6. SUNSET.
This Act and the amendments made by this Act shall expire 5 years
after the date of enactment of this Act.
<all>
Hearings Held by the Subcommittee on Workforce Protections Prior to Referral.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 16.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 115-101.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 115-101.
Placed on the Union Calendar, Calendar No. 58.
Rules Committee Resolution H. Res. 299 Reported to House. Rule provides for consideration of H.R. 1180 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. Bill is closed to amendments. The rules also provides for proceedings during the period from May 5, 2017, through May 15, 2017.
Rule H. Res. 299 passed House.
Considered under the provisions of rule H. Res. 299. (consideration: CR H3038-3050)
Rule provides for consideration of H.R. 1180 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. Bill is closed to amendments. The rules also provides for proceedings during the period from May 5, 2017, through May 15, 2017.
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DEBATE - The House proceeded with one hour of debate on H.R. 1180.
The previous question was ordered pursuant to the rule.
Mr. Scott (VA) moved to recommit with instructions to the Committee on Education and the Workforce. (text: CR H3048)
DEBATE - The House proceeded with 10 minutes of debate on the Scott, VA motion to recommit with instructions. The instructions in the motion seek to report the same back to the House forthwith with the following amendment to add an exemption to the underlying bill for any employee who does not receive fewer than seven paid sick days, which can be used to seek medical care for a pre-existing health condition.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by the Yeas and Nays: 192 - 234 (Roll no. 243).
Roll Call #243 (House)Passed/agreed to in House: On passage Passed by recorded vote: 229 - 197 (Roll no. 244).(text of amendment in the nature of a substitute: CR H3038-3039)
Roll Call #244 (House)On passage Passed by recorded vote: 229 - 197 (Roll no. 244). (text of amendment in the nature of a substitute: CR H3038-3039)
Roll Call #244 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.