[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1129 Introduced in Senate (IS)]

  1st Session
                                S. 1129

 To amend the Fair Labor Standards Act of 1938 to permit employers to 
 provide for flexible and compressed schedules, to permit employers to 
 give priority treatment in hiring decisions to former employees after 
periods of family care responsibility, to maintain the minimum wage and 
overtime exemption for employees subject to certain leave policies, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 7 (legislative day, July 10), 1995

 Mr. Ashcroft introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Labor Standards Act of 1938 to permit employers to 
 provide for flexible and compressed schedules, to permit employers to 
 give priority treatment in hiring decisions to former employees after 
periods of family care responsibility, to maintain the minimum wage and 
overtime exemption for employees subject to certain leave policies, and 
                          for other purposes.
    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 ``Work and Family Integration Act''.

SEC. 2. FLEXIBLE AND COMPRESSED SCHEDULES AND REHIRING PREFERENCE.

    The Fair Labor Standards Act of 1938 is amended by inserting after 
section 13 (29 U.S.C. 213) the following new sections:

``SEC. 13A. FLEXIBLE AND COMPRESSED SCHEDULES.

    ``(a) Purpose.--The purpose of this section is to balance the 
demands of workplaces with the needs of families in the United States.
    ``(b) Compressed Schedules.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, an employer may establish programs that allow the use of a 
        compressed schedule that consists of--
                    ``(A) in the case of a schedule of a full-time 
                employee, a 160-hour basic work requirement, over a 4-
                week period, that is scheduled for less than 20 
                workdays; and
                    ``(B) in the case of a schedule of a part-time 
                employee, a basic work requirement of less than 160 
                hours, over a 4-week period, that is scheduled for less 
                than 20 workdays.
            ``(2) Overtime compensation provisions.--Section 7 and any 
        other provision of law that relates to premium pay for overtime 
        work shall not apply to the hours that constitute such a 
        compressed schedule.
            ``(3) Computation of overtime.--In the case of any full-
        time employee, hours worked in excess of such a compressed 
        schedule shall be overtime hours and shall be paid for as 
        provided by the applicable provisions referred to in paragraph 
        (2). In the case of any part-time employee on such a compressed 
        schedule, overtime pay shall begin to be paid after the same 
        number of hours of work after which a full-time employee on a 
        similar schedule would begin to receive overtime pay.
    ``(c) Flexible Schedules.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, an employer may establish programs that allow the use of 
        flexible schedules that include--
                    ``(A) designated hours and days during which an 
                employee on such a schedule must be present for work; 
                and
                    ``(B) designated hours during which an employee on 
                such a schedule may elect the time of the arrival of 
                such employee at and departure of such employee from 
                work, solely for such purpose or, if and to the extent 
                permitted, for the purpose of accumulating credit hours 
                to reduce the length of the workweek or another 
                workday.
            ``(2) Overtime compensation provisions.--For purposes of 
        determining compensation for overtime hours in the case of an 
        employee participating in a program under this subsection--
                    ``(A) the employer may, on request of the employee, 
                grant the employee compensatory time off in lieu of 
                payment for such overtime hours, whether or not 
                irregular or occasional in nature and notwithstanding 
                section 7 or any other provision of law; or
                    ``(B) the employee shall be compensated for such 
                overtime hours in accordance with such provisions, as 
                applicable.
            ``(3) Computation of overtime.--Notwithstanding the 
        provisions of law referred to in paragraph (2)(A), an employee 
        shall not be entitled to be compensated for credit hours worked 
        except to the extent such employee is allowed to have such 
        hours taken into account with respect to the basic work 
        requirement of the employee.
            ``(4) Accumulation and compensation.--
                    ``(A) Accumulation.--A full-time employee on a 
                flexible schedule under this subsection can accumulate 
                not more than 48 credit hours, and a part-time employee 
                can accumulate not more than \1/4\ of the hours in the 
                basic work requirement, over a 4-week period, of the 
                employee, for carryover from a 4-week period to a 
                succeeding 4-week period for credit to the basic work 
                requirement for such period.
                    ``(B) Compensation.--Any employee who is on a 
                flexible schedule program under this subsection and who 
                is no longer subject to such a program shall be paid at 
                the then current rate of basic pay of the employee 
                for--
                            ``(i) in the case of a full-time employee, 
                        not more than 48 credit hours accumulated by 
                        such employee; or
                            ``(ii) in the case of a part-time employee, 
                        the number of credit hours (not in excess of 
                        \1/4\ of the hours in the basic work 
                        requirement, over a 4-week period, of the 
                        employee) accumulated by such employee.
    ``(d) Participation.--
            ``(1) In general.--Except as provided in paragraph (3), no 
        employee may be required to participate in a program described 
        in this section.
            ``(2) Prohibition of coercion.--
                    ``(A) An employer may not directly or indirectly 
                intimidate, threaten, or coerce, or attempt to 
                intimidate, threaten, or coerce, any employee for the 
                purpose of interfering with such employee's rights 
                under this section to elect a time of arrival or 
                departure, to elect or not to elect to work a 
                compressed work schedule, to work or not to work credit 
                hours, or to request or not to request compensatory 
                time off in lieu of payment for overtime hours.
                    ``(B) For the purpose of subsection (A), the term 
                `intimidate, threaten, or coerce' includes, but is not 
                limited to, promising to confer or conferring any 
                benefit (such as appointment, promotion, or 
                compensation), or effecting or threatening to effect 
                any reprisal (such as deprivation of appointment, 
                promotion, or compensation).''
            ``(3) Collective bargaining agreement.--In a case in which 
        a valid collective bargaining agreement exists, an employee may 
        only be required to participate in such a program in accordance 
        with the agreement.
    ``(e) Application of Programs in the Case of Collective Bargaining 
Agreements.--
            ``(1) Applicable requirements.--In the case of employees in 
        a unit represented by an exclusive representative, any flexible 
        or compressed schedule described in subsection (b) or (c), 
        respectively, and the establishment and termination of any such 
        schedule, shall be subject to the provisions of this section 
        and the terms of a collective bargaining agreement between the 
        employer and the exclusive representative.
            ``(2) Inclusion of employees.--Employees within a unit 
        represented by an exclusive representative shall not be 
        included within any program under this section except to the 
        extent expressly provided under a collective bargaining 
        agreement between the employer and the exclusive 
        representative.
            ``(3) Collective bargaining agreements.--Nothing in this 
        section shall be construed to diminish the obligation of an 
        employer to comply with any collective bargaining agreement or 
        any employment benefits program or plan that provides lesser or 
        greater rights to employees than the benefits established under 
        this section.
    ``(f) Definitions.--
            ``(1) Basic work requirement.--The term `basic work 
        requirement' means the number of hours, excluding overtime 
        hours, that an employee is required to work or is required to 
        account for by leave or otherwise.
            ``(2) Collective bargaining.--The term `collective 
        bargaining' means the performance of the mutual obligation of 
        the representative of an employer and the exclusive 
        representative of employees in an appropriate unit to meet at 
        reasonable times and to consult and bargain in a good-faith 
        effort to reach agreement with respect to the conditions of 
        employment affecting such employees and to execute, if 
        requested by either party, a written document incorporating any 
        collective bargaining agreement reached, but the obligation 
        referred to in this paragraph does not compel either party to 
        agree to a proposal or to make a concession.
            ``(3) Collective bargaining agreement.--The term 
        `collective bargaining agreement' means an agreement entered 
        into as a result of collective bargaining.
            ``(4) Credit hours.--The term `credit hours' means any 
        hours, within a flexible schedule established under subsection 
        (c), that are in excess of the basic work requirement of an 
        employee and that the employee elects to work so as to vary the 
        length of a workweek or a workday.
            ``(5) Employee.--The term `employee' means an employee, as 
        defined in section 3, except that the term shall not include an 
        employee, as defined in section 6121(2) of title 5, United 
        States Code.
            ``(6) Employer.--The term `employer' means an employer, as 
        defined in section 3, except that the term shall not include 
        any person acting in relation to an employee, as defined in 
        section 6121(2) of title 5, United States Code.
            ``(7) Exclusive representative.--The term `exclusive 
        representative' means any labor organization that--
                    ``(A) is certified as the exclusive representative 
                of employees in an appropriate unit pursuant to Federal 
                law; or
                    ``(B) was recognized by an employer immediately 
                before the date of enactment of this section as the 
                exclusive representative of employees in an appropriate 
                unit--
                            ``(i) on the basis of an election; or
                            ``(ii) on any basis other than an election;
                and continues to be so recognized.
            ``(8) Overtime hours.--The term `overtime hours'--
                    ``(A) when used with respect to flexible schedule 
                programs under subsection (c), means all hours in 
                excess of 8 hours in a day or 40 hours in a week that 
                are officially ordered in advance, but does not include 
                credit hours; and
                    ``(B) when used with respect to compressed schedule 
                programs under subsection (b), means any hours in 
                excess of the specified hours that constitute the 
                compressed schedule.

``SEC. 13B. PRIORITY REHIRING.

    ``(a) Priority.--
            ``(1) In general.--Notwithstanding the Civil Rights Act of 
        1964 (42 U.S.C. 2000e et seq.), the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 621 et seq.), or any other 
        provision of law, if an employee of an employer takes a period 
        of not more than 5 years to care for a son, daughter or parent 
        of the employee, the employer may give priority treatment to 
        the former employee in a hiring decision after the family care 
        period.
            ``(2) No basis for violation or action.--Notwithstanding 
        any other provision of law, priority treatment to a former 
        employee as described in paragraph (1)(B) that is provided by 
        an employer in a manner consistent with this section shall not 
        constitute a violation by the employer of, or serve as a basis 
        for an action against an employer by another individual under, 
        the Civil Rights Act of 1964, the Age Discrimination in 
        Employment Act of 1967, or any other provision of law.
    ``(b) Relationship to Leave.--Nothing in this section shall be 
construed to affect any leave benefit available under other law.
    ``(c) Effect on Benefits.--Nothing in this section shall be 
construed to entitle any rehired employee to--
            ``(1) the accrual of any seniority or employment benefits 
        during any family care period; or
            ``(2) any right, benefit, or position of employment other 
        than any right, benefit, or position to which the employee was 
        entitled prior to taking the family care period.
    ``(d) Periodic Reports.--Nothing in this section shall be construed 
to prohibit an employer from requiring a former employee to report 
periodically to the employer on the status and intention of the former 
employee to apply for reemployment with the employer.
    ``(e) Collective Bargaining Agreements.--Nothing in this section 
shall be construed to diminish the obligation of an employer to comply 
with any collective bargaining agreement or any employment benefits 
program or plan that provides lesser or greater rights to employees 
than the benefits established under this section.
    ``(f) Definitions.--As used in this section:
            ``(1) Employment benefits.--The term `employment benefits' 
        means all benefits provided or made available to employees by 
        an employer, including group life insurance, health insurance, 
        disability insurance, sick leave, annual leave, educational 
        benefits, and pensions, regardless of whether such benefits are 
        provided by a practice or written policy of an employer or 
        through an `employee benefit plan', as defined in section 3(3) 
        of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1002(3)).
            ``(2) Family care period.--The term `family care period' 
        means a period of not more than 5 years during which an 
        individual who was an employee cares for a son, daughter, or 
        parent of the employee, as described in subsection (a)(1).
            ``(3) Former employee.--The term `former employee' means an 
        individual who--
                    ``(A) was an employee; and
                    ``(B) is taking a family care period.
            ``(4) Parent.--The term `parent' means the biological 
        parent of an employee or an individual who stood in loco 
        parentis to an employee when the employee was under 18 years of 
        age.
            ``(5) Rehired employee.--The term `rehired employee' means 
        an individual who--
                    ``(A) was the employee of an employer; and
                    ``(B) has been rehired by the employer after taking 
                a family care period.
            ``(6) Son or daughter.--The term `son or daughter' means a 
        biological, adopted, or foster child, a stepchild, a legal 
        ward, or a child of a person standing in loco parentis, who 
        is--
                    ``(A) under 6 years of age; or
                    ``(B) 6 years of age or older and incapable of 
                self-care because of a mental or physical disability.
    ``(g) Effective Dates.--This section shall take effect 6 months 
after the date of enactment of this section.''.

SEC. 3. FAIR LABOR STANDARDS EXEMPTIONS.

    (a) Employees Subject to Certain Leave Policies.--Section 13(a)(1) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) is 
amended by inserting before the semicolon at the end thereof the 
following: ``, regardless of whether or not such executive, 
administrative, professional, or outside sales employee--
                    ``(A) is subject to reductions--
                            ``(i) in accrued leave of any type; or
                            ``(ii) in pay because of an absence of the 
                        employee and because--
                                    ``(I) the accrued leave of the 
                                employee was exhausted, or
                                    ``(II) the employee chose to be 
                                absent without charging the accrued 
                                leave of the employee,
                regardless of the length of the leave or absence for 
                which the reductions are to be made, or
                    ``(B) is subject to employer management policies or 
                practices with respect to--
                            ``(i) the recording of hours worked,
                            ``(ii) the establishment of regular working 
                        hours,
                            ``(iii) compensation of any type 
                        (irrespective of the amount or method of 
                        determination) that is above the salaried level 
                        for a work week or work period, and
                            ``(iv) suspension from work without pay for 
                        disciplinary purposes''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to an employee (described in such amendment) before, on, and 
after the date of enactment of this Act unless--
            (1) an action was brought in a court involving the 
        application of section 13(a)(1) of the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 213(a)(1)) to the employee; and
            (2) a final judgment has been entered in the action on or 
        before the date of enactment of this Act.
SEC. 4. CONFORMING AMENDMENT TO TITLE 5, UNITED STATES CODE.

    Section 6121(5) of title 5, United States Code, is amended to read 
as follows:
            ``(5) `compressed schedule' means--
                    ``(A) in the case of a schedule of a full-time 
                employee, a 160-hour basic work requirement, over a 4-
                week period, that is scheduled for less than 20 
                workdays, and
                    ``(B) in the case of a schedule of a part-time 
                employee, a basic work requirement, over a 4-week 
                period, of less than 160 hours, that is scheduled for 
                less than 20 workdays;''.
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