[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Extensions of Remarks]
[Pages E42-E43]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTRODUCTION OF THE WORKING FAMILIES FLEXIBILITY ACT

                                 ______
                                 

                          HON. CASS BALLENGER

                           of north carolina

                    in the house of representatives

                        Tuesday, January 7, 1997

  Mr. BALLENGER. Mr. Speaker, I am joined today by many of my 
colleagues in the introduction of the Working Families Flexibility Act 
which would allow private sector employers to provide their employees 
with the choice of taking time-and-a-half compensatory time as payment 
for overtime in lieu of cash wages. This legislation is family friendly 
and answers the call of many workers for increased flexibility and 
choices in the workplace.
  The Fair Labor Standards Act, which governs wages and hours of work, 
was written nearly 60 years ago for a predominantly male work force and 
a workplace primarily comprised of manufacturing firms. Yet, the 
demographics today are dramatically different. Sixty percent of women 
are employed outside of the home and two-earner families have become 
increasingly common.
  The Fair Labor Standards Act, however, fails to recognize these 
changes and, as such, restricts the ability of employers to meet the 
needs of their work force. Many employees are finding it increasingly 
difficult to find enough time for important family obligations or 
outside interests, making receiving compensatory time instead of cash 
overtime an attractive option. Seventy-five percent of respondents in a 
national public opinion survey favored giving employees the option of 
receiving time off instead of cash wages for overtime hours worked.
  Many employers who want to be family friendly find that flexible 
scheduling can be extremely difficult for employees who are paid by the 
hour and covered by the overtime provisions in the law. Suppose an 
employee has a terminally ill parent who lives several States away. 
Days off with pay can become precious for that employee when a 2-day 
weekend does not provide enough time to travel and spend time with that 
parent. When that employee works a few hours of overtime each week, he 
or she may prefer to be paid with time off rather than with cash wages. 
If the individual is employed in the public sector, then

[[Page E43]]

he or she would have the choice of receiving paid time off in lieu of 
cash wages for overtime hours worked. However, under current Federal 
law, if the individual is employed in the private sector then he or she 
cannot choose paid time off, even if that form of compensation is 
preferred.
  The Working Families Flexibility Act would allow employers to make 
compensatory time available as an option for employees. Employees would 
have the choice, through an agreement with the employer, to take 
overtime pay in the form of paid time off. As with overtime pay, the 
compensatory time would accrue at a rate of time-and-a-half.
  Opponents of the Working Families Flexibility Act have raised 
concerns about employees being coerced by employers into choosing 
compensatory time over cash wages. Thus, the legislation includes 
numerous protections to ensure that employees cannot be pressured into 
one choice or the other.
  Employees could accrue up to 240 hours of compensatory time within a 
12-month period. The legislation would require the employer to annually 
cash-out any unused, compensatory time accrued by the employee.
  Employees could choose when to take accrued compensatory time, so 
long as its use does not unduly disrupt the operations of the business 
(the same standard used in the public sector and under the Family and 
Medical Leave Act.) Employers would be prohibited from requiring 
employees to take accrued time solely at the convenience of the 
employer.
  At any time, an employee could withdraw from a compensatory time 
agreement with their employer or request a cash-out of any or all 
accrued, unused compensatory time. The employer would have 30 days in 
which to comply with the request. The legislation would also require 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 compensatory time.
  This legislation does not eliminate or change the traditional 40-hour 
work week. It simply provides employees with another option in the 
workplace--time off instead of overtime pay. This concept may be 
revolutionary to some, but to America's workers, who are increasingly 
frustrated about coping with the demands of work and family 
responsibilities, it is a long overdue change.
  I urge my colleagues to respond to the needs of America's workers by 
supporting the Working Families Flexibility Act.

                          ____________________