Working Families Flexibility Act of 2020
This bill revises requirements for the receipt of compensatory time off for private sector employees.
Specifically, the bill authorizes private employers to provide compensatory time off to their employees at a rate of one and one-half hours for each hour of employment for which overtime compensation otherwise is required; employees may accrue a maximum of 160 hours of compensatory time.
Employers are prohibited from interfering with an employee's right to or not request compensatory time off in lieu of payment of overtime compensation or from requiring an employee to use such compensatory time, and must give their employees 30-days notice before discontinuing a compensatory time policy.
Employers are liable to employees for damages from violations of these requirements.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5656 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5656
To amend the Fair Labor Standards Act of 1938 to provide compensatory
time for employees in the private sector.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2020
Mrs. Roby (for herself, Ms. Foxx of North Carolina, Mr. David P. Roe of
Tennessee, Mr. Thompson of Pennsylvania, Mr. Guthrie, Mr. Byrne, Mr.
Grothman, Mr. Allen, Mr. Walker, Mr. Taylor, Mr. Johnson of South
Dakota, Mr. Smith of Nebraska, Mr. Brooks of Alabama, Mrs. Rodgers of
Washington, and Ms. Stefanik) introduced the following bill; which was
referred to the Committee on Education and Labor
_______________________________________________________________________
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
2020''.
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) 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 an employee who is not
represented by a labor organization that has been
certified or recognized as the representative of such
employee 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 employee 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 an employee 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 earned by such
employee when the compensatory time was
accrued; or
``(ii) the regular rate earned by such
employee at the time such employee received
payment of such compensation,
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 of the United States
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 cease to be in
effect on the date that is 5 years after the date of enactment of this
Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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