[Congressional Record Volume 143, Number 74 (Tuesday, June 3, 1997)]
[Senate]
[Pages S5218-S5219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     FAMILY FRIENDLY WORKPLACE ACT

  The PRESIDING OFFICER. The Senate will now resume consideration of S. 
4, which the clerk will report.
  The legislative clerk read as follows:.

       A bill (S. 4) to amend the Fair Labor Standards Act of 1938 
     to provide to private sector employees the same opportunities 
     for time-and-a-half compensatory time off, biweekly work 
     programs, and flexible credit hour programs as Federal 
     employees currently enjoy to help balance the demands and 
     needs of work and family, to clarify the provisions relating 
     to exemptions of certain professionals from the minimum wage 
     and overtime requirements of the Fair Labor Standards Act of 
     1938, and for other purposes.

  The Senate resumed consideration of the bill.
  Mr. BAUCUS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Mr. President, I rise today to speak on the Baucus-
Kerrey-Landrieu substitute amendment to Senator Ashcroft's comptime 
bill.
  The Fair Labor Standards Act is a set of laws that Congress enacted 
some 60 years ago to protect the American worker from abuse in the 
workplace. These laws do a good job to make sure that our country's 
greatest asset, our work force, is protected. They put a halt to child 
labor. They established a 40-hour workweek. And they set up the concept 
of pay and a half for overtime. Under these laws, our country has grown 
and thrived, and, by and large, our workers are protected from 
extravagant abuses.
  However, our society has changed a great deal since Congress enacted 
that landmark legislation. We have more families where both parents 
hold down full-time jobs. We have more single-parent households. And 
for everyone it seems as if their dollar does not buy as much as it 
used to.
  All that means longer hours on the job, which, in turn, leads to less 
time spent with the family. Today's parents find themselves caught in a 
tightrope act as they try to balance the needs of their families with 
the demands of their jobs, and that just is not fair.
  I believe we are in a position to help them. That does not mean we 
should go about dismantling the protections on which our workers have 
come to rely. That is what some provisions of Senator Ashcroft's bill 
will do, and I think that is the wrong path.
  Instead, we must adapt our labor laws to maintain the protections 
that are so necessary while making it possible for our workers to have 
some flexibility. That is the right path. That is why my colleagues 
must support our substitute amendment.
  In Montana, I meet a lot of hard-working people. One thing they tell 
me time and time again is they need more flexibility in their work 
schedules. They need to be able to choose between earning time-and-a-
half pay for their overtime or taking that time in the form of 
vacation. This choice would allow workers to either put aside a little 
extra money or take some time to be with their families.
  One area where the effects of this flexibility will be greatly felt 
is education. You see, in Montana, we pride ourselves on the quality 
education we provide our children. And we have done a pretty good job. 
One key to our success is parental involvement in their kids' 
education. That means taking time to meet with teachers, helping out on 
homework and participating in extracurricular activities.

  The Baucus-Kerrey-Landrieu amendment will allow parents to freely 
choose how and when they use their overtime so that parents can again 
be part of their children's lives.
  At the same time, I know every family is different and their needs 
vary greatly. Lots of folks depend on a little extra money to make ends 
meet. Others need time for their families. And that is why we need to 
make sure that every household can choose how to use their time and 
money.
  There are three clear reasons why my colleagues should vote for the 
substitute amendment offered by myself, Senator Kerrey from Nebraska, 
and Senator Landrieu. First, our amendment will allow employees the 
final choice on when and how they will use their overtime. Whether it 
is time or money, the worker gets the choice. That is very important.
  Senator Ashcroft's bill leaves the final decision on how you spend 
your time with the employer. Their bill has no protection for the 
worker. In fact, it would allow an employer to discriminate against a 
worker who chooses to take money for their overtime. That is just not 
fair.
  The second difference is that our amendment does not tamper with the 
40-hour workweek. If you work more than 40 hours in a week, you are 
entitled to time-and-a-half pay. That is the way it has always been 
under the Fair Labor Standards Act. Americans overwhelmingly support 
the 40-hour workweek, and we ought to preserve it.
  Under Senator Ashcroft's bill, a worker could log 60 hours in 1 week 
and not qualify for 1 minute of overtime. For over 60 years, we have 
told our employees that if they worked hard and did a good job, they 
would be rewarded. Under this bill, we are reneging on that promise. 
The result is a pay cut for America's workers.
  And finally, the third reason my colleagues should support the 
substitute is that President Clinton has said he would sign our 
amendment, and he has said he would veto the other comptime bill. So if 
we are truly interested in giving workers flexibility in passing the 
comptime bill, we must support, I believe, our amendment. It is the 
only chance for a meaningful reform this year.
  Look, I think most Senators agree we need comptime. It is a good idea 
whose time has come. Yet, there are two ideas of how to get it done. 
One would take away workers' choice, end the 40-hour workweek, and is 
headed toward a certain Presidential veto. The other, our substitute, 
lets workers decide how to use their overtime, maintains the 40-hour 
workweek and will become law if we pass it. Our amendment I think is 
the more reasonable choice.
  So if you are really interested in passing a comptime bill, this is 
the time and our proposal is the bill. I urge my colleagues to vote in 
favor of the Baucus-Kerrey-Landrieu substitute amendment to the 
comptime bill.
  Mr. President, I yield my time, and I also thank the manager of the 
bill for his indulgence.
  Mr. D'AMATO addressed the Chair.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. D'AMATO. Mr. President, I ask that I might be permitted to 
proceed

[[Page S5219]]

for up to 10 minutes as if in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. D'AMATO. Mr. President, first of all, let me thank Senator 
Hutchinson for being so gracious in permitting me this opportunity 
because I know he had asked to speak earlier.

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