The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“WORKING FAMILIES FLEXIBILITY ACT” mentioning the U.S. Dept of Labor was published in the House of Representatives section on pages H2693-H2695 on May 24, 2001.
The publication is reproduced in full below:
WORKING FAMILIES FLEXIBILITY ACT
The SPEAKER pro tempore. Under a previous order of the House, the gentlewoman from Illinois (Mrs. Biggert) is recognized for 5 minutes.
Mrs. BIGGERT. Mr. Speaker, today I rise to introduce a bill entitled the Working Families Flexibility Act. This bill has several components. First of all, the Working Families Flexibility Act allows employees to choose, through a written agreement with their employer, entered into knowingly and voluntarily by the employee, to receive paid time off instead of cash wages for overtime. A compensatory time agreement may not be a condition of employment, and an employee could withdraw from a compensatory time agreement at any time.
As with cash overtime pay, compensatory time would accrue at a rate of 1\1/2\ times the employees regular rate of pay for each hour worked over 40 within a 7-day period. The legislation would not affect the 40-
hour workweek or the calculation of overtime.
Employees could accrue up to 160 hours of compensatory time each year. An employer would be required to pay cash wages for any unused, accrued time at the end of the year or within 30 days after receiving a written request from an employee.
Employers must provide employees with at least 30 days' notice prior to cashing out any accrued compensatory time or discontinuing a compensatory time program. An employer may, however, only cash out accrued time in excess of 80 hours.
Employees may use accrued compensatory time within a reasonable time after making the request.
All of the enforcement remedies, including action by the Department of Labor and individual law suits, under current law will apply if an employer fails to pay wages to an employee for accrued compensatory time or refuses to allow an employee to use accrued compensatory time.
Employers who coerce employees into choosing compensatory time instead of overtime wages or using accrued compensatory time will be liable to the employee for double damages.
One would think that providing working men and women with more control over their work schedules is a no-brainer, but private sector employees and employers alike are bound by the Fair Labor Standards Act, or FLSA, which does not permit such flexibility.
I think it is fair to say that this law which was enacted during the Depression and established a workweek of 40 hours in overtime pay was designed to be effective in a different day and age and needs to be updated.
Over the past 60-plus years, the America workplace has undergone a dramatic change in composition, character, and demands. What was once a static, agriculture-and-manufacturing-based economy with a primarily male workforce has evolved into a fast-paced, working environment based on global services and high technology with nearly equal numbers of women as well as men in the workforce.
Workers today, more than ever, need and do face a difficult dilemma: how to balance the demands of a job while having adequate time for family, friends, and outside commitments. This situation has become even more pronounced because many families now rely on two incomes to survive. While this conflict weighs most heavily on women, all workers, regardless of gender experience, conflict between work and the family and between watching their child's baseball game or going through a stack of papers on their desk.
The Working Families Flexibility Act will help to ease these pressures by providing the flexibility that working parents need to spend quality time with their families.
Before I go any further, I would like to stress that nothing in this legislation would require employees to take comp time instead of overtime pay, nor could employers force employees to take comp time. Rather, now they are given the choice of comp time or overtime. This bill does not relieve employers of any obligation to pay overtime. I want to stress that this bill does not affect the standard 40-hour workweek.
The legislation contains numerous safeguards to ensure that employees could not be coerced into choosing comp time over cash wages. The legislation requires an employer to annually pay cash wages for any unused comp time accrued by the employee. Employees may withdraw from a comp time agreement at any time and request a cash-out of any or all of his or her accrued unused comp time.
Mr. Speaker, comp time makes good policy; and it also has another benefit, making employees happy. There will always be working men and women who want and need the extra pay that comes from working overtime hours. But for many workers, having the additional time off is a far more attractive option, and that is an option they should have.
Comp time is also good for business because smart companies know how flexibility can help to recruit and retain top-notch employees. In sum, Mr. Speaker, the Working Families Flexibility Act is good for workers. It is good for women and is especially good for families.
Mr. Speaker, I rise today to introduce the Working Families Flexibility Act, which allows employers to offer American workers the option of voluntarily taking compensatory time off in lieu of taking overtime pay. I am pleased that 33 of my colleagues have joined me as original cosponsors of this pro-family, pro-worker, pro-women legislation.
One would think that providing working men and women with more control over their work schedules is a ``no brainer'', but private sector employees and employers alike are bound by the Fair Labor Standards Act of FLSA, which does not permit such flexibility. I think it's fair to say that this law, which was enacted during the depression and established a work week of 40 hours, and overtime pay, was designed to be effective in a different day and age and needs to be updated.
Over the past 60-plus years, the American workplace has undergone a dramatic change in composition, character, and demands. What once was a static, agriculture- and manufacturing-based economy with a primarily male workforce has evolved into a fast-paced, working environment based on global services and high technology with nearly equal numbers of women and men in the workforce.
Workers today, more than ever before, face a difficult dilemma: how to balance the demands of a job while having adequate time for family, friends and outside commitments. This situation has become even more pronounced because many American families now rely on two incomes to survive. And while this conflict weights most heavily on women, all workers--regardless of gender--experience conflict between work and the family, between watching their child's baseball game or going through that stack of papers on their desk.
The Working Families Flexibility Act will help to ease these pressures by providing the flexibility that working parents need to spend quality time with their families. This legislation, which mirrors a bill passed by the House during the 105th Congress, amends the FLSA to allow private sector employees to access something that their colleagues working in federal, state and local governments have had for many years--the option of choosing either cash wages or paid time off as compensation for working overtime hours.
Before I go any further, I want to stress that nothing in this legislation would require employees to take comp time instead of overtime pay. Nor could employers force employees to take comp time. Rather they now can be given the choice of comp time or overtime. This bill does not relieve employers of any obligation to pay overtime. I also want to stress that this bill does not affect the standard 40-hour workweek.
Now, here is what the bill does do: under this legislation, employers will be able to offer comp time as an option for employees. Employees would then have a choice, through an agreement with the employer, to opt for overtime pay in the form of paid time off. As is currently the case with overtime pay, comp time hours would accrue at a rate of one and one-half hours of comp time for each hour of overtime worked. Employees could accrue up to 160 hours of comp time within a 12-month period.
This legislation contains numerous safeguards to ensure that employees could not be coerced into choosing comp time over cash wages. The legislation requires an employer to annually pay cash wages for any unused comp time accrued by the employee. Employees may withdraw from a comp time agreement at any time and request a cashout of any or all of his or her accrued, unused comp time. The employer has 30 days in which to comply with the request. The legislation also requires an employer to provide the employee with at least 30 days notice prior to cashing out any accrued time in excess of 80 hours or prior to discontinuing a policy of offering comp time.
Employees are able to use their accrued comp time at anytime, so long as its use does not unduly disrupt the operations of the business--this is the same standard used in the public sector and under the Family and Medical Leave Act. Employers also would be prohibited from requiring employees to take accrued time solely at the convenience of the employer. Again, I want to reiterate that this legislation has no effect on the traditional 40-hour workweek or the way in which overtime is calculated.
Mr. Speaker, comp time makes for good policy and it also has another benefit--making employees happy. There always will be working men and women who want and need the extra pay that comes from working overtime hours. But for many workers, having the additional time off is a far more attractive option, and that's an option they should have.
Comp time also is good for business because smart companies know how flexibility can help efforts to recruit and retain top-notch employees. Concerns over the well-being of the family often force parents to leave jobs that do not fit their family needs or forego jobs that would put stress on home lives.
In sum, Mr. Speaker, The Working Families Flexibility Act is good for workers, it is good for women, and it is especially good for families. The bill updates an outdated law designed for the 1930s workplace and makes it relevant for today's workforce.
Today's working men and women want increased flexibility and choices regarding scheduling and compensation, yet federal law prevents them from having such options. I trust my colleagues agree that employees and employers should not be prevented from making mutually agreeable arrangements that meet both personal and business needs.
I think the time and circumstances are right for us to pass this much-needed legislation. I urge my colleagues to join this effort to pass a strong comp time bill that will be good for workers, businesses, the economy, and America's families.
Let me take a moment to recognize Congressman Cass Ballenger for his dedicated and untiring work on the comp time issue and to the Chairman of the House Subcommittee on Workforce Protections, Representative Charlie Norwood, for his strong commitment to this issue. Finally, let me thank the Chairman of the full Committee on Education and the Workforce, John Boehner, for his support of America's working men and women.
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