[Congressional Record Volume 147, Number 42 (Tuesday, March 27, 2001)]
[Senate]
[Pages S2989-S2993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. Gregg (for himself and Mrs. Hutchison):
  S. 624. A bill 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 and biweekly work programs as Federal 
employees currently enjoy to help balance the demands and needs of work 
and family, to clairfy the provisions relating to exemptions of certain 
professionals from minimum wage and overtime requirements of the Fair 
Labor Standards Act of 1938, and for other purposes; to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. GREGG. Mr. President, I rise today to introduce legislation that, 
if enacted, could have a monumental impact on the lives of thousands of 
working men, women and families in America. Today, with Senator Kay 
Bailey Hutchison, I am pleased to introduce the Workplace Flexibility 
Act. The Workplace Flexibility Act has as its primary purpose, giving 
families and employers greater flexibility in meeting and balancing the 
demands of work and family.
  The demand for family time is significant. In fact, families today 
are spending close to 40 percent less time with their families and 
children than in the 1960s. This is an important and even critical 
issue to many Americans. In fact, survey upon survey has found that the 
issue of workplace flexibility and family time is the number one issue 
women want addressed.
  The Workplace Flexibility Act is not a total solution, but it is an 
important part of the solution. It gives working families a choice.
  The Workplace Flexibility Act in a nutshell consists of two main 
provisions. The first allows employees the option of taking time off in 
lieu of overtime pay. The second gives employees the option of 
``flexing'' their schedules over a two week period. In other words, 
employees would have 10 ``flexible'' hours that they could work in one 
week in order to take 10 hours off in the next week. Flexible work 
arrangements have been available to Federal government workers since 
1978. In the 1970's, 80's, and 90's federal government workers have had 
this special privilege. The Federal program was so successful in fact, 
that the President in 1993 issues an Executive Order extending it to 
parts of the Federal Government that had not yet had the benefits of 
the program.
  Yet members of the private sector do not have this option. The 
Workplace Flexibility Act corrects this and extends this option to all 
businesses covered by the Fair Labor Standards Act.
  So, who are these workers who are currently covered by the FLSA but 
do not have the ability to exercise workplace flexibility? They are 
some of the hardest working Americans. Sixty percent of these workers 
have only a high school education. Eighty percent of them make less 
than $28,000. A great

[[Page S2990]]

percentage of them are single mothers with children. They are working 
hard to meet their family's economic needs as well as their emotional 
needs. And while government can't mandate love and nurture, it can get 
out of the way and eliminate barriers to opportunities for love and 
nurture. That is what the Workplace Flexibility Act does.
  In the subsequent weeks and months we will undoubtedly hear from some 
that what working families really need is more money. They need their 
overtime pay. That may well be true for some families, and this bill 
does not affect them in any way. But for other families, for families 
who want to choose to take time off with pay to attend a child's school 
play or PTA meeting, the issue is time, not money. The point is this--
the family should have the right to choose. Washington should not 
decide for them which priority is important for their family.
  I am one who believes in the working men and women of America and in 
their ability to know what is best for their families. It is time for 
Congress to give families what they want, and not what Congress thinks 
they need. It's time to give working families what every Federal 
employee has already, workplace flexibility.
  I ask unanimous consent that the text of the bill and a bill summary 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 624

       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 ``Workplace Flexibility Act''.

     SEC. 2. WORKPLACE FLEXIBILITY OPTIONS.

       (a) Compensatory Time Off.--Section 7 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 207) is amended by adding at 
     the end the following:
       ``(r)(1)(A) Except as provided in subparagraph (B), no 
     employee may be required under this subsection to receive 
     compensatory time off in lieu of monetary overtime 
     compensation. The acceptance of compensatory time off in lieu 
     of monetary overtime compensation may not be a condition of 
     employment or of working overtime.
       ``(B) In a case in which a valid collective bargaining 
     agreement exists between an employer and the labor 
     organization that has been certified or recognized as the 
     representative of the employees of the employer under 
     applicable law, an employee may only be required under this 
     subsection to receive compensatory time off in lieu of 
     monetary overtime compensation in accordance with the 
     agreement.
       ``(2)(A) 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 one and one-
     half hours for each hour of employment for which monetary 
     overtime compensation is required by this section.
       ``(B) In this subsection:
       ``(i) The term `employee' means an individual--
       ``(I) who is an employee (as defined in section 3);
       ``(II) who is not an employee of a public agency; and
       ``(III) to whom subsection (a) applies.
       ``(ii) The term `employer' does not include a public 
     agency.
       ``(3) An employer may provide compensatory time off to 
     employees under paragraph (2)(A) only pursuant to the 
     following:
       ``(A) The compensatory time off may be provided only in 
     accordance with--
       ``(i) 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
       ``(ii) in the case of an employee who is not represented by 
     a labor organization described in clause (i), a written 
     agreement arrived at between the employer and employee before 
     the performance of the work involved if the agreement or 
     understanding was entered into knowingly and voluntarily by 
     such employee and was not a condition of employment.
       ``(B) The compensatory time off may only be provided to an 
     employee described in subparagraph (A)(ii) if such employee 
     has affirmed, in a written statement that is made, kept, and 
     preserved in accordance with section 11(c), that the employee 
     has chosen to receive compensatory time off in lieu of 
     monetary overtime compensation.
       ``(C) No employee may receive, or agree to receive, the 
     compensatory time off unless the employee has been employed 
     for at least 12 months by the employer, and for at least 
     1,250 hours of service with the employer during the previous 
     12-month period.
       ``(D) An employee shall be eligible to accrue compensatory 
     time off if such employee has not accrued compensatory time 
     off in excess of the limit applicable to the employee 
     prescribed by paragraph (4).
       ``(4)(A) An employee may accrue not more than 160 hours of 
     compensatory time off.
       ``(B) Not later than January 31 of each calendar year, the 
     employer of the employee shall provide monetary compensation 
     for any unused compensatory time off accrued during the 
     preceding calendar year that was not used prior to December 
     31 of the preceding calendar year at the rate prescribed by 
     paragraph (8). An employer may designate and communicate to 
     the employees of the employer a 12-month period other than 
     the calendar year, in which case the compensation shall be 
     provided not later than 31 days after the end of the 12-month 
     period.
       ``(C) The employer may provide monetary compensation for an 
     employee's unused compensatory time off in excess of 80 hours 
     at any time after providing the employee with at least 30 
     days' written notice. The compensation shall be provided at 
     the rate prescribed by paragraph (8).
       ``(5)(A) An employer that has adopted a policy offering 
     compensatory time off to employees may discontinue the policy 
     for employees described in paragraph (3)(A)(ii) after 
     providing 30 days' written notice to the employees who are 
     subject to an agreement or understanding described in 
     paragraph (3)(A)(ii).
       ``(B) An employee may withdraw an agreement or 
     understanding described in paragraph (3)(A)(ii) at any time, 
     by submitting a written notice of withdrawal to the employer 
     of the employee. An employee may also request in writing that 
     monetary compensation be provided, at any time, for all 
     compensatory time off accrued that has not been used. Within 
     30 days after receiving the written request, the employer 
     shall provide the employee the monetary compensation due in 
     accordance with paragraph (8).
       ``(6)(A)(i) An employer that provides compensatory time off 
     under paragraph (2) to an employee shall not directly or 
     indirectly intimidate, threaten, or coerce, or attempt to 
     intimidate, threaten, or coerce, any employee for the purpose 
     of--
       ``(I) interfering with the rights of the employee under 
     this subsection to request or not request compensatory time 
     off in lieu of payment of monetary overtime compensation for 
     overtime hours;
       ``(II) interfering with the rights of the employee to use 
     accrued compensatory time off in accordance with paragraph 
     (9); or
       ``(III) requiring the employee to use the compensatory time 
     off.
       ``(ii) In clause (i), the term `intimidate, threaten, or 
     coerce' has the meaning given the term in section 13A(c)(2).
       ``(B) An agreement or understanding that is entered into by 
     an employee and employer under paragraph (3)(A)(ii) shall 
     permit the employee to elect, for an applicable workweek--
       ``(i) the payment of monetary overtime compensation for the 
     workweek; or
       ``(ii) the accrual of compensatory time off in lieu of the 
     payment of monetary overtime compensation for the 
     workweek.''.
       (b) Remedies and Sanctions.--Section 16 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 216) is amended by adding at 
     the end the following:
       ``(f)(1) In addition to any amount that an employer is 
     liable under subsection (b) for a violation of a provision of 
     section 7, an employer that violates section 7(r)(6)(A) shall 
     be liable to the employee affected in an amount equal to--
       ``(A) the product of--
       ``(i) the rate of compensation (determined in accordance 
     with section 7(r)(8)(A)); and
       ``(ii)(I) the number of hours of compensatory time off 
     involved in the violation that was initially accrued by the 
     employee; minus
       ``(II) the number of such hours used by the employee; and
       ``(B) as liquidated damages, the product of--
       ``(i) such rate of compensation; and
       ``(ii) the number of hours of compensatory time off 
     involved in the violation that was initially accrued by the 
     employee.
       ``(2) The employer shall be subject to such liability in 
     addition to any other remedy available for such violation 
     under this section or section 17, including a criminal 
     penalty under subsection (a) and a civil penalty under 
     subsection (e).''.
       (c) Calculations and Special Rules.--Section 7(r) of the 
     Fair Labor Standards Act of 1938 (29 U.S.C. 207(r)), as added 
     by subsection (a), is further amended by adding at the end 
     the following:
       ``(7) An employee who has accrued compensatory time off 
     authorized to be provided under paragraph (2) shall, upon the 
     voluntary or involuntary termination of employment, be paid 
     for the unused compensatory time off in accordance with 
     paragraph (8).
       ``(8)(A) If compensation is to be paid to an employee for 
     accrued compensatory time off, the compensation shall be paid 
     at a rate of compensation not less than--
       ``(i) the regular rate received by such employee when the 
     compensatory time off was earned; or
       ``(ii) the final regular rate received by such employee;

     whichever is higher.
       ``(B) Any payment owed to an employee under this subsection 
     for unused compensatory time off shall be considered unpaid 
     monetary overtime compensation.
       ``(9) An employee--
       ``(A) who has accrued compensatory time off authorized to 
     be provided under paragraph (2); and
       ``(B) who has requested the use of the accrued compensatory 
     time off;

     shall be permitted by the employer of the employee to use the 
     accrued compensatory

[[Page S2991]]

     time off within a reasonable period after making the request 
     if the use of the accrued compensatory time off does not 
     unduly disrupt the operations of the employer.
       ``(10) The terms `monetary overtime compensation' and 
     `compensatory time off' shall have the meanings given the 
     terms `overtime compensation' and `compensatory time', 
     respectively, by subsection (o)(7).''.
       (d) 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 contained in section 516.4 of title 29, Code of 
     Federal Regulations, 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 the notice reflects the 
     amendments made to the Act by this section.

     SEC. 3. BIWEEKLY WORK PROGRAMS.

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

     ``SEC. 13A. BIWEEKLY WORK PROGRAMS.

       ``(a) Voluntary Participation.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     employee may be required to participate in a program 
     described in this section. Participation in a program 
     described in this section may not be a condition of 
     employment.
       ``(2) Collective bargaining agreement.--In a case in which 
     a valid collective bargaining agreement exists between an 
     employer and the labor organization that has been certified 
     or recognized as the representative of the employees of the 
     employer under applicable law, an employee may only be 
     required to participate in such a program in accordance with 
     the agreement.
       ``(b) Biweekly Work Programs.--
       ``(1) In general.--Notwithstanding section 7, an employer 
     may establish biweekly work programs that allow the use of a 
     biweekly work schedule--
       ``(A) that consists of a basic work requirement of not more 
     than 80 hours, over a 2-week period; and
       ``(B) in which more than 40 hours of the work requirement 
     may occur in a week of the period, except that no more than 
     10 hours may be shifted between the 2 weeks involved.
       ``(2) Conditions.--An employer may carry out a biweekly 
     work program described in paragraph (1) for employees only 
     pursuant to the following:
       ``(A) Agreement or understanding.--The program may be 
     carried out only in accordance with--
       ``(i) 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
       ``(ii) in the case of an employee who is not represented by 
     a labor organization described in clause (i), a written 
     agreement arrived at between the employer and employee before 
     the performance of the work involved if the agreement or 
     understanding was entered into knowingly and voluntarily by 
     such employee and was not a condition of employment.
       ``(B) Statement.--The program shall apply to an employee 
     described in subparagraph (A)(ii) if such employee has 
     affirmed, in a written statement that is made, kept, and 
     preserved in accordance with section 11(c), that the employee 
     has chosen to participate in the program.
       ``(C) Minimum service.--No employee may participate, or 
     agree to participate, in the program unless the employee has 
     been employed for at least 12 months by the employer, and for 
     at least 1,250 hours of service with the employer during the 
     previous 12-month period.
       ``(3) Compensation for hours in schedule.--Notwithstanding 
     section 7, in the case of an employee participating in such a 
     biweekly work program, the employee shall be compensated for 
     each hour in such a biweekly work schedule at a rate not less 
     than the regular rate at which the employee is employed.
       ``(4) Computation of overtime.--All hours worked by the 
     employee in excess of such a biweekly work schedule or in 
     excess of 80 hours in the 2-week period, that are requested 
     in advance by the employer, shall be overtime hours.
       ``(5) Overtime compensation provision.--The employee shall 
     be compensated for each such overtime hour at a rate not less 
     than one and one-half times the regular rate at which the 
     employee is employed, in accordance with section 7(a)(1), or 
     receive compensatory time off in accordance with section 7(r) 
     for each such overtime hour.
       ``(6) Discontinuance of program or withdrawal.--
       ``(A) Discontinuance of program.--An employer that has 
     established a biweekly work program under paragraph (1) may 
     discontinue the program for employees described in paragraph 
     (2)(A)(ii) after providing 30 days' written notice to the 
     employees who are subject to an agreement or understanding 
     described in paragraph (2)(A)(ii).
       ``(B) Withdrawal.--An employee may withdraw an agreement or 
     understanding described in paragraph (2)(A)(ii) at the end of 
     any 2-week period described in paragraph (1)(A), by 
     submitting a written notice of withdrawal to the employer of 
     the employee.
       ``(c) Prohibition of Coercion.--
       ``(1) In general.--An employer shall not directly or 
     indirectly intimidate, threaten, or coerce, or attempt to 
     intimidate, threaten, or coerce, any employee for the purpose 
     of interfering with the rights of the employee under this 
     section to elect or not to elect to work a biweekly work 
     schedule.
       ``(2) Definition.--In paragraph (1), the term `intimidate, 
     threaten, or coerce' includes 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).
       ``(d) Definitions.--In this section:
       ``(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 labor organization 
     that has been certified or recognized as the representative 
     of the employees of the employer under applicable law 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 shall 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) Employee.--The term `employee' means an individual--
       ``(A) who is an employee (as defined in section 3);
       ``(B) who is not an employee of a public agency; and
       ``(C) to whom section 7(a) applies.
       ``(5) Employer.--The term `employer' does not include a 
     public agency.
       ``(6) Overtime hours.--The term `overtime hours', when used 
     with respect to biweekly work programs under subsection (b), 
     means all hours worked in excess of the biweekly work 
     schedule involved or in excess of 80 hours in the 2-week 
     period involved, that are requested in advance by an 
     employer.
       ``(7) Regular rate.--The term `regular rate' has the 
     meaning given the term in section 7(e).''.
       (b) Remedies.--
       (1) Prohibitions.--Section 15(a)(3) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
       (A) by inserting ``(A)'' after ``(3)'';
       (B) by adding ``or'' after the semicolon; and
       (C) by adding at the end the following:
       ``(B) to violate any of the provisions of section 13A;''.
       (2) Remedies and sanctions.--Section 16 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 216), as amended in section 
     2(b), is further amended--
       (A) in subsection (c)--
       (i) in the first sentence--

       (I) by inserting after ``7 of this Act'' the following: ``, 
     or of the appropriate legal or monetary equitable relief 
     owing to any employee or employees under section 13A''; and
       (II) by striking ``wages or unpaid overtime compensation 
     and'' and inserting ``wages, unpaid overtime compensation, or 
     legal or monetary equitable relief, as appropriate, and'';

       (ii) in the second sentence, by striking ``wages or 
     overtime compensation and'' and inserting ``wages, unpaid 
     overtime compensation, or legal or monetary equitable relief, 
     as appropriate, and''; and
       (iii) in the third sentence--

       (I) by inserting after ``first sentence of such 
     subsection'' the following: ``, or the second sentence of 
     such subsection in the event of a violation of section 
     13A,''; and
       (II) by striking ``wages or unpaid overtime compensation 
     under sections 6 and 7 or'' and inserting ``wages, unpaid 
     overtime compensation, or legal or monetary equitable relief, 
     as appropriate, or'';

       (B) in subsection (e)--
       (i) in the second sentence, by striking ``section 6 or 7'' 
     and inserting ``section 6, 7, or 13A''; and
       (ii) in the fourth sentence, in paragraph (3), by striking 
     ``15(a)(4) or'' and inserting ``15(a)(4), a violation of 
     section 15(a)(3)(B), or''; and
       (C) by adding at the end the following:
       ``(g)(1) In addition to any amount that an employer is 
     liable under the second sentence of subsection (b) for a 
     violation of a provision of section 13A, an employer that 
     violates section 13A(c) shall be liable to the employee 
     affected for an additional sum equal to that amount.
       ``(2) The employer shall be subject to such liability in 
     addition to any other remedy available for such violation 
     under this section or section 17.''.
       (c) 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 contained in section 516.4 of title 29, Code of 
     Federal Regulations, 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 the notice reflects the 
     amendments made to the Act by this section.

     SEC. 4. PROTECTIONS FOR CLAIMS RELATING TO COMPENSATORY TIME 
                   OFF IN BANKRUPTCY PROCEEDINGS.

       Section 507(a)(3) of title 11, United States Code, is 
     amended--

[[Page S2992]]

       (1) by striking ``for--'' and inserting the following: ``on 
     the condition that all accrued compensatory time off (as 
     defined in section 7 of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 207)) shall be deemed to have been earned within 
     90 days before the date of the filing of the petition or the 
     date of the cessation of the debtor's business, whichever 
     occurs first, for--''; and
       (2) in subparagraph (A), by inserting before the semicolon 
     the following: ``or the value of unused, accrued compensatory 
     time off (as defined in section 7 of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 207))''.

     SEC. 5. CONGRESSIONAL COVERAGE.

       Section 203 of the Congressional Accountability Act of 1995 
     (2 U.S.C. 1313) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``and section 12(c)'' and 
     inserting ``section 12(c), and section 13A''; and
       (B) by striking paragraph (3);
       (2) in subsection (b)--
       (A) by striking ``The remedy'' and inserting the following:
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), the remedy''; and
       (B) by adding at the end the following:
       ``(2) Compensatory time.--The remedy for a violation of 
     subsection (a) relating to the requirements of section 7(r) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(r)) 
     shall be such remedy as would be appropriate if awarded under 
     subsection (b) or (f) of section 16 of such Act (29 U.S.C. 
     216).
       ``(3) Biweekly work programs.--The remedy for a violation 
     of subsection (a) relating to the requirements of section 13A 
     of the Fair Labor Standards Act of 1938 shall be such remedy 
     as would be appropriate if awarded under sections 16 and 17 
     of such Act (29 U.S.C. 216, 217) for such a violation.''; and
       (3) in subsection (c), by striking paragraph (4).

     SEC. 6. TERMINATION.

       The authority provided by this Act and the amendments made 
     by this Act terminates 5 years after the date of enactment of 
     this Act.
                                  ____


                Summary of the Workplace Flexibility Act


          Section 2, Workplace Flexibility Options: Comp-time

  Gives employers and employees, who have been employed for at least 12 
months by the employer, and for at least 1,250 hours of service with 
the employer during the previous 12-month period, the option of comp 
time in lieu of monetary overtime compensation, at the rate of 1\1/2\ 
hours of comp time for each hour of overtime worked.
  Where a collective bargaining agreement is in place, an employer 
would have to work within that context in shaping any comp time 
program.
  Where there is no collective bargaining agreement in place, the 
employer and the individual employee would be allowed to enter into 
``an agreement or understanding'' with respect to comp time. Such an 
agreement must be completely voluntary and must be arrived at before 
the performance of the work. The agreement must be affirmed in writing.
  The employer is prohibited from directly or indirectly intimidating, 
threatening, coercing or attempting to intimidate, threaten or coerce 
any employee into agreeing to the comp time option nor may acceptance 
of comp time be a condition of employment or of working overtime.
  Employees may not accrue more than 160 hours of comp time. If unused, 
such hours must be cashed out at the end of the preceding calendar year 
or not later than 31 days after the end of an alternative 12-month 
period designated by the employer. An employer may, upon 30 days 
written notice to the employee, cash-out all hours banked in excess of 
80. Employees who terminate their employment either voluntarily or 
involuntarily must be paid for any unused comp time.
  An employee may withdraw an agreement or understanding at any time by 
submitting a written notice of withdrawal to the employer and an 
employer must, within 30 days after receiving the written request, 
provide the employee the monetary compensation due.
  Comp time may be used, upon request by a worker within a reasonable 
period after making the request if it does not unduly disrupt the 
operations of the employer.


             Section 3, Bi-Weekly Work Programs: Flex- time

  Gives employers and employees the option of a 2-week 80 hour work 
period during which, without incurring an overtime penalty, up to 10 
hours could be ``flexed'' between the two week period. Employees could, 
if agreed upon by their employers, choose to work 2 weeks of 40 hours 
each, 50 hours in one week and 30 in another, etc. Employers would not 
be required to pay overtime rates (time-and-a-half) until 80 hours had 
been worked in 2 calendar weeks. For hours worked in excess of 80 in a 
2 week period, a worker would have to be compensated either in cash or 
in paid comp time, if the employer has agreed to a comp time option, 
each at not less than a time-and-a-half basis.
  Like comp time, this program is completely voluntary and may not 
affect collective bargaining agreements that are in force.
  Congress would be covered by both provisions which sunset after 5 
years.
  Mrs. HUTCHISON. Mr. President, I rise today to join with my 
colleague, Senator Gregg from New Hampshire to introduce the Workplace 
Flexibility Act to give America's families the kinds of choices and 
options they demand and deserve.
  When I speak with hourly wage workers in my home state of Texas, and 
I ask them how they are coping with the growing and competing demands 
of work and family, I hear many different answers. I hear stories of 
parents working days and nights to pay the bills and maybe even get a 
little bit ahead.
  Today we introduce legislation to deal with some of the workplace 
problems of Americans who are paid by the hour. Every day, millions of 
people in this country must punch a time clock, and they never seem to 
have enough time they need to get things done, much less the time they 
would like to have to spend on home and family. Despite the fact that 
hourly wage earners have the greatest time and money pressures on them, 
the federal government gives them the least amount of flexibility in 
scheduling their work week.
  While salaried, or so-called ``exempt'' workers can bargain with 
their employers to work additional hours in one week in order to take 
time off later, hourly or ``non-exempt'' workers do not have that 
privilege. The Federal Fair Labor Standards Act prohibits them from 
benefitting from the additional scheduling options that salaried 
workers enjoy and that Congress gave to all federal employees back in 
1978.
  It is time to end this inequity in our nation's labor laws. It is 
time to give all American workers the ability to choose work schedules 
to fit their own home and family needs.
  The Workplace Flexibility Act will do just that. The bill restores 
fairness in workplace scheduling by giving hourly wage earners three 
new scheduling and overtime options.
  First, where an employer requires an employee to work overtime, any 
hours in excess of 40 in a week, the bill would give that employee the 
option of choosing paid time-and-a-half off in lieu of time and a half 
pay. So, for example, an employee who works 10 hours of overtime would 
have earned 15 hours of paid time off for later use. This is called 
``comp time.''
  Second, for those employees who do not typically work overtime, 
which, by the way, encompasses over 90 percent of the women who are now 
paid by the hour, the bill would allow employees to choose to work more 
than 40 hours in one week in exchange for the same amount of paid time 
off in another week. This is called ``flex time.''
  Finally, the bill will give employees and employers the option of 
establishing regular two week schedules to allow an employee to work 
additional hours in week one in order to take paid time off in week 
two. For example, many federal employees enjoy working 9-hour days and 
taking every alternate Friday off, with pay, for a total at the end of 
two weeks of 80 hours. I think it is only right to give private sector 
workers the flexibility that these federal employees now enjoy.
  Polls show that Americans overwhelmingly support being given these 
added options. Three fourths of federal employees say comp time and 
flextime have given them more time to spend with their families and 
have improved their morale and even their productivity. President 
Clinton's own polling firm found recently that the same proportion of 
Americans, 75 percent, favor expanding these options to all private 
sector employees. It is easy to understand why.
  According to the Bureau of Labor Statistics, both mother and father 
work outside the home in almost two thirds of American households. 
Moreover, 75 percent of mothers with school age children are now in the 
workforce,

[[Page S2993]]

up dramatically in recent years. While the causes for this are many, 
including expanded work opportunities for women and a heavy tax burden 
on working families, the results are clear: fewer hours are spent by 
mothers and fathers with their children and with each other. This 
shrinking window of family time is weakening the essential family bond 
that is the bedrock of our strength as a nation.
  Not only will our bill make it easier for parents to spend more 
quality time at home or engaged in personal or community activities, it 
will do so without a hit to the monthly bottom line. Since comp time 
and flex time are paid, workers will receive the same amount of money 
as they would if they did not have these options. The only difference 
is that this legislation will allow workers the flexibility of taking a 
day, a week, or even a month off once they have accumulated time in 
their bank.
  Let me make one point very clear: the Workplace Flexibility Act 
expands, but does not replace the existing law requiring overtime pay 
for overtime work. For those employees required to work overtime, they 
will always have the option of receiving overtime pay at the standard 
time-and-a-half rate. This bill simply affords the employee additional 
options, upon the mutual agreement of the employee and employer. An 
employer who violates this or any other provision of our labor laws 
would be subject to severe civil fines and possibly even prison. In 
fact, this bill heightens those protections by providing for quadruple 
damages against an employer who violates the law.
  But rather than foster antagonism between labor and management, these 
added scheduling options have been proven both in this country and 
abroad to encourage greater cooperation between employees and their 
employers. Flexible scheduling has created win-win situations for 
millions of salaried and federal workers and their employers. For the 
first time in 50 years, America's blue collar working men and women 
will be empowered to help determine the course of their work week. And 
thereby, workers will be given greater control over the most precious 
asset in their lives and in the lives of their families: time.
  I urge my colleagues to respond to the growing need for workplace 
flexibility by supporting the Workplace Flexibility Act.
                                 ______