[Congressional Record Volume 147, Number 73 (Thursday, May 24, 2001)]
[House]
[Pages H2693-H2695]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    WORKING FAMILIES FLEXIBILITY ACT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Illinois (Mrs. Biggert) is recognized for 5 minutes.
  Mrs. BIGGERT. Mr. Speaker, today I rise to introduce a bill entitled 
the Working Families Flexibility Act. This bill has several components. 
First of all, the Working Families Flexibility Act allows employees to 
choose, through a written agreement with their employer, entered into 
knowingly and voluntarily by the employee, to receive paid time off 
instead of cash wages for overtime. A compensatory time agreement may 
not be a condition of employment, and an employee could withdraw from a 
compensatory time agreement at any time.
  As with cash overtime pay, compensatory time would accrue at a rate 
of 1\1/2\ times the employees regular rate of pay for each hour worked 
over 40 within a 7-day period. The legislation would not affect the 40-
hour workweek or the calculation of overtime.
  Employees could accrue up to 160 hours of compensatory time each 
year. An employer would be required to pay cash wages for any unused, 
accrued time at the end of the year or within 30 days after receiving a 
written request from an employee.
  Employers must provide employees with at least 30 days' notice prior 
to cashing out any accrued compensatory time or discontinuing a 
compensatory

[[Page H2694]]

time program. An employer may, however, only cash out accrued time in 
excess of 80 hours.
  Employees may use accrued compensatory time within a reasonable time 
after making the request.
  All of the enforcement remedies, including action by the Department 
of Labor and individual law suits, under current law will apply if an 
employer fails to pay wages to an employee for accrued compensatory 
time or refuses to allow an employee to use accrued compensatory time.
  Employers who coerce employees into choosing compensatory time 
instead of overtime wages or using accrued compensatory time will be 
liable to the employee for double damages.
  One would think that providing working men and women with more 
control over their work schedules is a no-brainer, but private sector 
employees and employers alike are bound by the Fair Labor Standards 
Act, or FLSA, which does not permit such flexibility.
  I think it is fair to say that this law which was enacted during the 
Depression and established a workweek of 40 hours in overtime pay was 
designed to be effective in a different day and age and needs to be 
updated.
  Over the past 60-plus years, the America workplace has undergone a 
dramatic change in composition, character, and demands. What was once a 
static, agriculture-and-manufacturing-based economy with a primarily 
male workforce has evolved into a fast-paced, working environment based 
on global services and high technology with nearly equal numbers of 
women as well as men in the workforce.
  Workers today, more than ever, need and do face a difficult dilemma: 
how to balance the demands of a job while having adequate time for 
family, friends, and outside commitments. This situation has become 
even more pronounced because many families now rely on two incomes to 
survive. While this conflict weighs most heavily on women, all workers, 
regardless of gender experience, conflict between work and the family 
and between watching their child's baseball game or going through a 
stack of papers on their desk.
  The Working Families Flexibility Act will help to ease these 
pressures by providing the flexibility that working parents need to 
spend quality time with their families.
  Before I go any further, I would like to stress that nothing in this 
legislation would require employees to take comp time instead of 
overtime pay, nor could employers force employees to take comp time. 
Rather, now they are given the choice of comp time or overtime. This 
bill does not relieve employers of any obligation to pay overtime. I 
want to stress that this bill does not affect the standard 40-hour 
workweek.
  The legislation contains numerous safeguards to ensure that employees 
could not be coerced into choosing comp time over cash wages. The 
legislation requires an employer to annually pay cash wages for any 
unused comp time accrued by the employee. Employees may withdraw from a 
comp time agreement at any time and request a cash-out of any or all of 
his or her accrued unused comp time.
  Mr. Speaker, comp time makes good policy; and it also has another 
benefit, making employees happy. There will always be working men and 
women who want and need the extra pay that comes from working overtime 
hours. But for many workers, having the additional time off is a far 
more attractive option, and that is an option they should have.
  Comp time is also good for business because smart companies know how 
flexibility can help to recruit and retain top-notch employees. In sum, 
Mr. Speaker, the Working Families Flexibility Act is good for workers. 
It is good for women and is especially good for families.
  Mr. Speaker, I rise today to introduce the Working Families 
Flexibility Act, which allows employers to offer American workers the 
option of voluntarily taking compensatory time off in lieu of taking 
overtime pay. I am pleased that 33 of my colleagues have joined me as 
original cosponsors of this pro-family, pro-worker, pro-women 
legislation.
  One would think that providing working men and women with more 
control over their work schedules is a ``no brainer'', but private 
sector employees and employers alike are bound by the Fair Labor 
Standards Act of FLSA, which does not permit such flexibility. I think 
it's fair to say that this law, which was enacted during the depression 
and established a work week of 40 hours, and overtime pay, was designed 
to be effective in a different day and age and needs to be updated.
  Over the past 60-plus years, the American workplace has undergone a 
dramatic change in composition, character, and demands. What once was a 
static, agriculture- and manufacturing-based economy with a primarily 
male workforce has evolved into a fast-paced, working environment based 
on global services and high technology with nearly equal numbers of 
women and men in the workforce.
  Workers today, more than ever before, face a difficult dilemma: how 
to balance the demands of a job while having adequate time for family, 
friends and outside commitments. This situation has become even more 
pronounced because many American families now rely on two incomes to 
survive. And while this conflict weights most heavily on women, all 
workers--regardless of gender--experience conflict between work and the 
family, between watching their child's baseball game or going through 
that stack of papers on their desk.
  The Working Families Flexibility Act will help to ease these 
pressures by providing the flexibility that working parents need to 
spend quality time with their families. This legislation, which mirrors 
a bill passed by the House during the 105th Congress, amends the FLSA 
to allow private sector employees to access something that their 
colleagues working in federal, state and local governments have had for 
many years--the option of choosing either cash wages or paid time off 
as compensation for working overtime hours.
  Before I go any further, I want to stress that nothing in this 
legislation would require employees to take comp time instead of 
overtime pay. Nor could employers force employees to take comp time. 
Rather they now can be given the choice of comp time or overtime. This 
bill does not relieve employers of any obligation to pay overtime. I 
also want to stress that this bill does not affect the standard 40-hour 
workweek.
  Now, here is what the bill does do: under this legislation, employers 
will be able to offer comp time as an option for employees. Employees 
would then have a choice, through an agreement with the employer, to 
opt for overtime pay in the form of paid time off. As is currently the 
case with overtime pay, comp time hours would accrue at a rate of one 
and one-half hours of comp time for each hour of overtime worked. 
Employees could accrue up to 160 hours of comp time within a 12-month 
period.
  This legislation contains numerous safeguards to ensure that 
employees could not be coerced into choosing comp time over cash wages. 
The legislation requires an employer to annually pay cash wages for any 
unused comp time accrued by the employee. Employees may withdraw from a 
comp time agreement at any time and request a cashout of any or all of 
his or her accrued, unused comp time. The employer has 30 days in which 
to comply with the request. The legislation also requires 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 comp time.
  Employees are able to use their accrued comp time at anytime, so long 
as its use does not unduly disrupt the operations of the business--this 
is the same standard used in the public sector and under the Family and 
Medical Leave Act. Employers also would be prohibited from requiring 
employees to take accrued time solely at the convenience of the 
employer. Again, I want to reiterate that this legislation has no 
effect on the traditional 40-hour workweek or the way in which overtime 
is calculated.
  Mr. Speaker, comp time makes for good policy and it also has another 
benefit--making employees happy. There always will be working men and 
women who want and need the extra pay that comes from working overtime 
hours. But for many workers, having the additional time off is a far 
more attractive option, and that's an option they should have.
  Comp time also is good for business because smart companies know how 
flexibility can help efforts to recruit and retain top-notch employees. 
Concerns over the well-being of the family often force parents to leave 
jobs that do not fit their family needs or forego jobs that would put 
stress on home lives.
  In sum, Mr. Speaker, The Working Families Flexibility Act is good for 
workers, it is good for women, and it is especially good for families. 
The bill updates an outdated law designed for the 1930s workplace and 
makes it relevant for today's workforce.
  Today's working men and women want increased flexibility and choices 
regarding scheduling and compensation, yet federal law prevents them 
from having such options. I trust my colleagues agree that employees 
and employers should not be prevented from making mutually agreeable 
arrangements that meet both personal and business needs.

[[Page H2695]]

  I think the time and circumstances are right for us to pass this 
much-needed legislation. I urge my colleagues to join this effort to 
pass a strong comp time bill that will be good for workers, businesses, 
the economy, and America's families.
  Let me take a moment to recognize Congressman Cass Ballenger for his 
dedicated and untiring work on the comp time issue and to the Chairman 
of the House Subcommittee on Workforce Protections, Representative 
Charlie Norwood, for his strong commitment to this issue. Finally, let 
me thank the Chairman of the full Committee on Education and the 
Workforce, John Boehner, for his support of America's working men and 
women.

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