[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2391 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2391

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 1995

Mr. Ballenger introduced the following bill; which was referred to the 
          Committee on Economic and Educational Opportunities

_______________________________________________________________________

                                 A BILL


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

    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 ``Compensatory Time for All Workers 
Act of 1995''.

SEC. 2. COMPENSATORY TIME.

    Section 7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
207(o)) is amended to read as follows:
    ``(o)(1) 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 1\1/2\ hours for each hour of 
employment for which overtime compensation is required by this section.
    ``(2) An employer may provide compensatory time under paragraph (1) 
only pursuant to--
            ``(A) applicable provisions of a collective bargaining 
        agreement, memorandum of understanding, or any other agreement 
        between the employer and representative of such employees; or
            ``(B) in the case of employees not covered by subparagraph 
        (A), an agreement or understanding arrived at between the 
        employer and employee before the performance of the work.
    ``(3) An employee, who is not an employee of a public agency, may 
accrue not more than 240 hours of compensatory time. Not later than 
January 31 of each calendar year, the employee's employer shall provide 
monetary compensation for any compensatory time off accrued during the 
preceding calendar year which was not used prior to December 31 of the 
preceding year at a rate not less than 1\1/2\ times the regular rate 
earned by the employee at the time the employee receives such payment. 
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.
    ``(4) If the work of an employee of a public agency for which 
compensatory time may be provided included work in a public safety 
activity, an emergency response activity, or a seasonal activity, the 
employee engaged in such work may accrue not more than 480 hours of 
compensatory time for hours worked after April 15, 1986. If such work 
was any other work, the employee engaged in such work may accrue not 
more than 240 hours of compensatory time for hours worked after April 
15, 1986. Any such employee who, after April 15, 1986, has accrued 480 
or 240 hours, as the case may be, of compensatory time off shall, for 
additional overtime hours of work, be paid overtime compensation.
    ``(5) An employee who has accrued compensatory time off authorized 
to be provided under paragraph (1) shall, upon termination of 
employment, be paid for the unused compensatory time at a rate of 
compensation not less than--
            ``(A) the average regular rate received by such employee 
        during the last 3 years of the employee's employment, or
            ``(B) the final regular rate received by such employee, 
        whichever is higher.
    ``(6) 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.
    ``(7) For purposes of this subsection--
            ``(A) the term `overtime compensation' means the 
        compensation required by subsection (a), and
            ``(B) the terms `compensatory time' and `compensatory time 
        off' mean hours during which an employee is not working, which 
        are not counted as hours worked during the applicable workweek 
        or other work period for purposes of overtime compensation, and 
        for which the employee is compensated at the employee's regular 
        rate.''.
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