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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house Passed May 2nd, 2017
    Roll Call Vote 229 Yea / 197 Nay
      house Committees
      House Committee on Education and the Workforce
      Workforce Protections
    IntroducedFebruary 16th, 2017

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What is it?

This bill would provide compensatory time (or “comp time”) for private sector employees, allowing them to convert each hour of accrued overtime into at least 1.5 hours of paid time off if they choose to. Workers could do so at any time, and could also convert comp time back into overtime. Comp time could only be provided under the terms of a collective bargaining agreement or the individual employee’s consent. Employees would be able to use the time paid time off at their request, so long as the timing doesn’t unduly disrupt the employer’s operations.

The Government Accountability Office (GAO) would be required to report to Congress about the extent to which employers provide comp time. as well as the number of complaints alleging violations of the comp time rules and the status of those complaints.

This legislation would sunset after five years its enactment, so it’d need to be reauthorized it’d no longer be in effect.

Impact

Employees; employers; and labor regulators.

Cost

The CBO estimates that enacting this bill would not increase spending.

More Information

In-Depth: Sponsoring Rep. Martha Roby (R-AL) introduced this bill to give greater choice and time flexibility to private sector workers by allowing them the choice between overtime and paid time off:

“As a working mom, I understand all too well the challenges that working parents face in juggling a career and managing a family. Whether it’s coaching a child’s tee ball team or caring for an aging parent, family responsibilities often require time away from work. Congress can’t legislative another hour into the day, but we can give working parents more choices over how they use their time. The Working Families Flexibility Act would finally offer Americans working in the private sector what their peers in the public sector already enjoy: more freedom and more control over their time so they can spend it the way they choose.”

Democrats have opposed this bill, saying it’d enable employers to coerce employees into taking paid time off instead of overtime pay. Rep. Bobby Scott (D-VA) said it “doesn’t give employees any rights they don’t already have” and that it does “create a new right for employers to withhold employees’ overtime pay.”

This legislation was passed by the House Education and Workforce Committee on a 22-16 vote. It has the support of 17 cosponsors


Media:

Summary by Eric Revell

(Photo Credit: Public Domain)

AKA

Working Families Flexibility Act of 2017

Official Title

To amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector.

    Yes they should have that freedom. Now stop telling people which freedoms they can and can't have in structuring employment arrangements. This is not government's job. This is a private relationship between employer and employee and it can look however they agree for it to look. There is no role of government in dictating what voluntary arrangement they are and are not allowed to make.
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    Bill is absolute bullshit. Overtime hours should get overtime pay. Companies using "comp time" systems routinely cheat their employees out of the benefit of their labor. This is just another corporate power grab at the expense of the people who do the real work.
    Like (237)
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    This is not a matter of freedom of choice by employees. The power differential between employees and their bosses means that many people with guarantees of overtime pay will be pressured to accept comp time instead. This is about "flexibility" for employers, which usually translates into exploitation for their employees.
    Like (165)
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    This is a nice idea, but I fail to see how this issue is federal business! This is something that individuals or unions can negotiate without the federal government sticking their noses into the matter. This is too much micromanagement of the private sector! The federal government shouldn't force this on employers.
    Like (129)
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    I've seen this system in practice with salaried employees. It is rife with abuse. People end up working overtime and are promised extra time off that never materializes. It basically turns into slave labor. There is a reason we have worker compensation laws on the books.
    Like (108)
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    This is one of those "Wolf in sheep's clothing" bills. Take Walmart, which deliberately manipulates the schedule to control workers. Workers can take comp time almost exclusively at the convenience of the company. While it may be revenue neutral for the worker, it certainly advantages the company, which can decrease hiring, knowing that they have a pool of workers they can forced to work overtime but never pay for it.
    Like (63)
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    This change would certainly be used by large corporations to abuse workers and would add to the burden of federal government regulations for small businesses.
    Like (35)
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    The government has no authority over this issue. It is government overreach.
    Like (25)
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    Only if this applies to all the salaried "professional" workers or "manager" positions that don't really manage anyone else, yet who are exempt from the hourly rate bc they are "professional". Which right now is just companies taking advantage and getting themselves out of paying overtime while making midrange workers work till the job is done no matter how long it takes. I'd love to get comp time for OT worked or a hourly rate overtime pay so if you can make that happen AND give me a choice, I'll believe in unicorns too!
    Like (24)
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    Overtime hours deserve overtime pay
    Like (21)
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    "Comp time" that won't ever happen. If you work over time you deserve over time pay.
    Like (19)
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    This would be another factor between employers and employees to reach an amicable understanding in the workplace. While OT may increase your cash, comp time allows employees to better schedule their off time. It's great to ask the boss for Friday to take the family to Disney Land using your comp time work credits.
    Like (17)
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    This is government overstepping it bounds as usual. By forcing a small business to provide comp time it forces them to hire more people to "cover" and increases cost at a time when many are struggling to keep the doors open. Get out of trying to Regulate Everything and reduce government waste and corruption. You have over 100,000 employees in the Justice Dept to EXPLAIN for a STARTER!
    Like (17)
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    If one works over 4o in a work week, one deserves pay compensation. It's as simple as that. Comp time doesn't pay the bills or the mortgage. Another attempt to save companies money and screw their employees. Enough already.
    Like (14)
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    After reading through the criticisms of the bill, I'm starting to see a lot of its weaknesses. It would need a lot more protections for employees, and sharper teeth to use on employers, to prevent abuses by the latter.
    Like (12)
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    I thought the GOP wanted LESS government in our lives?!?! Lots of employers will use this to exploit workers. It's unions that need our backing. But that's a dirty word to this administration and the GOP in power. Vote out the GOP!
    Like (11)
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    This is a wolf in sheeps clothing and the same old tactic. Once you have comp time, then every day becomes some crisis that affects operations so you'll NEVER use up those comp hours. Pay you back overtime rate at your request? See if you've heard this before "I'm truly sorry but the revenues have not met predictions, we just cannot afford to repay your comp time. It boils down to pay you and then start furloughs/layoffs or we postpone that expense, try to keep everyone working. Request denied. Maybe when the revenues start coming in, promise!" Nope, ain't gonna' do it! No, nada, nyet(is that right?).
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    This bill is just another way for corporations to screw American workers. Good job Congressman Gibbs. You always seems to vote in the interest of corporations and NOT in the interest of the American people.
    Like (7)
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    It's crazy how many small-government, states' rights people don't mind seeing federal government get bigger under the right circumstances, and how frequently those "right circumstances" involve reasons that benefit business over citizens. What's that about?
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    Passing this legislation will just formalize what many workers already agree to with employers. As long as the decision to opt for comp time versus OT pay rests with the employee and they can't be pressured by the boss into taking the time over the money, then it's a good option. Having comp time available recognizes that sometimes, more money doesn't make life better but more time off does.
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