[Congressional Record Volume 149, Number 75 (Tuesday, May 20, 2003)]
[House]
[Pages H4260-H4261]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               H.R. 1119, THE FAMILY TIME FLEXIBILITY ACT

  The SPEAKER pro tempore. Pursuant to the order of the House of 
January 7, 2003, the gentlewoman from Illinois (Mrs. Biggert) is 
recognized during morning hour debates for 5 minutes.
  Mrs. BIGGERT. Mr. Speaker, I rise today to speak in strong support of 
H.R. 1119, the Family Time Flexibility Act. Cosponsored by more than 80 
of my colleagues on both sides of the aisle, this bill will give 
working men and women more choice and more flexibility in balancing 
work and family.
  H.R. 1119 allows hourly workers the option of choosing time-and-a-
half wages for overtime hours worked or paid time-and-a-half hours off 
for overtime hours worked.
  The important point about H.R. 1119 is that it is completely 
optional. Employers may offer it to their employees or choose not to 
offer it. Employees may choose to take the option or not take it. 
Unions may choose to include it in their collective bargaining 
agreements so employees have the option to use it or unions may choose 
not to include it.
  This bill protects and preserves the sanctity of the 40-hour work 
week. Overtime hours are counted on the basis of a 40-hour work week. 
Any hour worked over 40 hours in a 7-day period is considered overtime, 
and overtime hours must be paid in time-and-a-half pay or time-and-a-
half time off.
  Here is how H.R. 1119 works. Beth is a single mom of two school age 
boys. She makes $10 an hour at a print shop that offers the comp time 
option. Beth has worked at the shop for 6 months, and she decided to 
take the comp time option in the event she needs time off to take care 
of the boys when they are sick or off from school. So Beth signs her 
company's comp time option agreement.
  In week A, she works 50 hours, 10 hours overtime. She gets paid for 
40 hours and banks the 10 overtime hours.
  In week B, the boys must be picked up at 2 p.m. each day. So Beth 
checks with her employer and leaves 3 hours early each day during the 
week. She decides to use her 10 banked overtime hours, which become 15 
hours off at the time-and-a-half rate. Beth takes 15 hours off for the 
work, working only 25 hours, but Beth receives her regular paycheck of 
$400 or 40 hours times $10 an hour, even though she only worked 25 
hours. On an hourly basis, her employer has paid her $400 for 25 hours 
of work or $16 per hour.
  Let us say that before she uses her banked overtime hours Beth 
changes her mind. She decides she prefers to be paid in overtime 
dollars instead of overtime off. Under the bill, an employee can change 
his or her mind at any time and cash out any overtime hours he or she 
has banked.
  So Beth tells her employer that she wishes to cancel her comp time 
agreement and cash out for the hours she has banked. Within 30 days, 
her employer issues her a check, in addition to her regular weekly pay 
of $400, for the $10 overtime hours worked in week A at her overtime 
pay rate of $15. So Beth receives a payment of $550 which includes her 
regular pay for 40 hours and her $10 banked overtime hours at the time-
and-a-half rate of $15 an hour, just as she would have had she never 
signed the comp time request.
  Let us use another example. Let us say it is the end of the year and 
Beth has not used her banked overtime hours. Her employer issues her a 
check for the 10 overtime hours worked in week A at her time-and-a-half 
rate of $15 per hour. This is in addition to her regular paycheck of 
$400.
  Under the bill, the employer must cash out any unused, banked 
overtime hours at the end of each year, but our bill has another 
attractive feature for the employee. Beth's employer must cash out 
these hours at the highest rate of pay that Beth has earned during the 
period she accumulated the banked hours.
  It turns out Beth received a raise in October. She now makes $12.50 
an hour. At the end of the year, she still has not used her banked 
hours. So her employer issues her a check for the unused hours at the 
highest rate of pay; $12.50 an hour at time-and-a-half is $18.75 an 
hour or $187.50 for the 10 banked hours. This is in addition to Beth's 
regular paycheck.

[[Page H4261]]

  Under H.R. 1119, Beth and other working members will have the 
flexibility to turn their overtime hours into time-and-a-half wages or 
paid time-and-a-half off. They will have the peace of mind that comes 
with knowing they can pick up a sick child from school, make it to the 
soccer tournament or take time off without using up their vacation 
days.
  I urge my colleagues to join me in supporting H.R. 1119, the Family 
Time Flexibility Act.

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