HR 5656 — Working Families Flexibility Act of 2020

Summary

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.

Bill Text

• Introduced Introduced in House Current html January 17, 2020

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

This bill introduces a provision for compensatory time off for private employees in lieu of monetary overtime compensation under the Fair Labor Standards Act.

• 29 U.S.C. 207

  (s) Compensatory Time Off for Private Employees.--

  A new section is added establishing rules for compensatory time off in lieu of overtime pay.

• 29 U.S.C. 207

  (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.

  Employees can now opt for compensatory time off instead of monetary compensation for overtime.

• 29 U.S.C. 207

  (2) Conditions.--An employer may provide compensatory time to employees under paragraph (1) only if such time is provided in accordance with--

  Conditions under which compensatory time can be offered by employers are specified.

• 29 U.S.C. 207

  (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

  The bill allows for compensatory time arrangements within established collective bargaining agreements.

• 29 U.S.C. 207

  (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)--

  Non-union employees can also agree to compensatory time with their employer under specific conditions.

• 29 U.S.C. 207

  (3) Hour limit.--

  Restrictions on the maximum amount of compensatory time employees can accrue are established.

• 29 U.S.C. 207

  (A) Maximum hours.--An employee may accrue not more than 160 hours of compensatory time.

  A cap is set at 160 hours for accrued compensatory time.

• 29 U.S.C. 207

  (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).

  Employers must compensate employees for unused compensatory time by a specific date.

• 29 U.S.C. 207

  (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.

  Employers can pay for compensatory time exceeding 80 hours with prior notice.

• 29 U.S.C. 207

  (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).

  Unused compensatory time must be compensated upon employee termination.

• 29 U.S.C. 216

  (b) Any employer → (b) Except as provided in subsection (f), any employer

  Employers violating certain provisions face stricter liabilities regarding compensatory time.

• 29 U.S.C. 216

  (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.

  New liabilities are imposed on employers for violations concerning accrued compensatory time.

Action History

1. January 17, 2020

   Introduced in House

2. January 17, 2020

   Introduced in House

3. January 17, 2020

   Referred to the House Committee on Education and Labor.

Sponsors

• Martha Roby · Primary

Subjects