[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2870 Reported in House (RH)]
<DOC>
Union Calendar No. 422
119th CONGRESS
2d Session
H. R. 2870
[Report No. 119-496]
To amend the Fair Labor Standards Act of 1938 to provide compensatory
time for employees in the private sector.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2025
Mrs. Miller of Illinois introduced the following bill; which was
referred to the Committee on Education and Workforce
February 12, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April
10, 2025]
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to provide compensatory
time for employees in the private sector.
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 ``Working Families Flexibility Act of
2025''.
SEC. 2. COMPENSATORY TIME.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)
is amended by adding at the end the following:
``(t) Compensatory Time Off for Private Employees.--
``(1) General rule.--
``(A) In general.--During the 5-year period
beginning on the date of enactment of the Working
Families Flexibility Act of 2025, an employee described
in subparagraph (B) 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.
``(B) Eligible employee.--An employee described in
this subparagraph is an employee who--
``(i) is not an employee of a public
agency; and
``(ii) works at least 1,000 hours for the
employee's employer during a period of
continuous employment with the employer in the
12-month period ending on the date--
``(I) on which the agreement under
paragraph (2)(B) is entered into by the
employee and the employee's employer;
or
``(II) of receipt of compensatory
time off under this subsection.
``(2) Conditions.--An employer (other than an employer that
is a public agency subject to subsection (o)) may provide
compensatory time to employees under this subsection only if
such time is provided in accordance with--
``(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
``(B) in the case of employees who are not
represented by a labor organization that has been
certified or recognized as the representative of such
employees under applicable law, an agreement arrived at
between the employer and such an employee before the
performance of the work and affirmed by a written or
otherwise verifiable record maintained in accordance
with section 11(c)--
``(i) in which the employer has offered and
the employee has chosen to receive compensatory
time in lieu of monetary overtime compensation;
and
``(ii) entered into knowingly and
voluntarily by such employee and not as a
condition of employment.
``(3) Hour limit.--
``(A) Maximum hours.--An employee may accrue not
more than 160 hours of compensatory time under this
subsection.
``(B) Compensation date.--
``(i) In general.--An employer shall
provide to the employee, not later than 31 days
after a covered period, monetary compensation
for any unused compensatory time accrued during
such covered period.
``(ii) Covered period.--For the purposes of
clause (i), a covered period means--
``(I) a calendar year; or
``(II) another 12-month period
determined by the employer and
communicated to the employees of the
employer.
``(C) Excess of 80 hours.--An employer may provide
monetary compensation for the employee's unused
compensatory time in excess of 80 hours at any time
after giving the employee at least 30 days notice of
the provision of such monetary compensation. Such
compensation shall be provided at the rate prescribed
by paragraph (6).
``(D) Discontinuation of compensatory time
policy.--Except where a collective bargaining agreement
provides otherwise, an employer that offers employees
compensatory time in accordance with this subsection
may, upon giving the employees notice of at least 30
days, stop offering such compensatory time and provide
monetary compensation to each employee with accrued
compensatory time that has not yet been used for all
such accrued, unused compensatory time. Such
compensation shall be provided at the rate prescribed
by paragraph (6).
``(E) Written requests.--
``(i) In general.--An employee who has an
agreement described in paragraph (2)(B) with an
employer may, in writing, at any time--
``(I) withdraw from such agreement;
or
``(II) request that monetary
compensation be provided for all
compensatory time accrued that has not
yet been used.
``(ii) Monetary compensation.--Not later
than 30 days of receiving a written request as
described in clause (i)(II), the employer shall
provide the employee the monetary compensation
due in accordance with paragraph (6).
``(4) Private employer actions.--An employer that provides
compensatory time under this subsection to employees shall not
directly or indirectly intimidate, threaten, or coerce or
attempt to intimidate, threaten, or coerce any employee for the
purpose of--
``(A) interfering with such employee's rights under
this subsection to request or not request compensatory
time off in lieu of payment of monetary overtime
compensation for overtime hours; or
``(B) requiring any employee to use such
compensatory time.
``(5) Termination of employment.--An employee who has
accrued compensatory time off authorized to be provided under
this subsection shall, upon the voluntary or involuntary
termination of employment, be paid for the unused compensatory
time in accordance with paragraph (6).
``(6) Rate of compensation.--
``(A) General rule.--If compensation is to be paid
to an employee for accrued compensatory time off under
this subsection, such compensation shall be paid at a
rate of compensation not less than--
``(i) the regular rate received by such
employee when the compensatory time was earned;
or
``(ii) the final regular rate received by
such employee,
whichever is higher.
``(B) Consideration of payment.--Any payment owed
to an employee under this subsection for unused
compensatory time shall be considered unpaid overtime
compensation.
``(7) Use of time.--An employee--
``(A) who has accrued compensatory time off
authorized to be provided under this subsection; 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.
``(8) Definitions.--For purposes of this subsection, the
terms `overtime compensation', `compensatory time', and
`compensatory time off' have the meanings given such terms in
subsection (o)(7).''.
SEC. 3. REMEDIES.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended--
(1) in subsection (b), in the first sentence, by striking
``(b) Any employer'' and inserting ``(b) Except as provided in
subsection (f), any employer''; and
(2) by adding at the end the following:
``(f) An employer that violates section 7(t)(4) shall be liable to
the employee affected in the amount of the rate of compensation
(determined in accordance with section 7(t)(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.''.
SEC. 4. NOTICE TO EMPLOYEES.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Labor shall revise the materials the Secretary provides,
under regulations published in section 516.4 of title 29, Code of
Federal Regulations, and any corresponding similar regulations or
rulings (or any successor regulations or rulings), to employers for
purposes of a notice explaining the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.) to employees so that such notice reflects the
amendments made to such Act by this Act.
SEC. 5. GAO REPORT.
Not later than 2 years after the date of enactment of this Act and
annually thereafter for 4 years, the Comptroller General shall submit a
report to Congress providing, with respect to the 1-year period
preceding each such report--
(1) data concerning the extent to which employers provide
compensatory time pursuant to section 7(t) of the Fair Labor
Standards Act of 1938, as added by this Act, and the extent to
which employees opt to receive compensatory time;
(2) the number of complaints alleging a violation of such
section filed by any employee with the Secretary of Labor;
(3) the number of enforcement actions commenced by the
Secretary or commenced by the Secretary on behalf of any
employee for alleged violations of such section;
(4) the disposition or status of such complaints and
actions described in paragraphs (2) and (3); and
(5) an account of any unpaid wages, damages, penalties,
injunctive relief, or other remedies obtained or sought by the
Secretary in connection with such actions described in
paragraph (3).
Union Calendar No. 422
119th CONGRESS
2d Session
H. R. 2870
[Report No. 119-496]
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to provide compensatory
time for employees in the private sector.
_______________________________________________________________________
February 12, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed