[Congressional Record Volume 155, Number 27 (Tuesday, February 10, 2009)]
[Extensions of Remarks]
[Page E228]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           INTRODUCTION OF THE FAMILY-FRIENDLY WORKPLACE ACT

                                 ______
                                 

                      HON. CATHY McMORRIS RODGERS

                             of washington

                    in the house of representatives

                       Tuesday, February 10, 2009

  Mrs. McMORRIS RODGERS. Madam Speaker, I have tried come up with 
legislation that would give us more than 24 hours in a day--but I have 
not figured out how to do that. So for the time being, I am introducing 
the Family-Friendly Workplace Act that aims to give working people the 
opportunity to spend more time with their families.
  Last week marked the 16th anniversary of the enactment of the Family 
and Medical Leave Act of 1993, FMLA, which provides important job 
protections for America's working families who take leave for the birth 
or adoption of a child or because of one's own serious health condition 
or that of a family member. The Family-Friendly Workplace Act would 
complement the FMLA by providing employees with an option to accrue 
paid time off, which could then be taken by the employee at a later 
date. Under the Family-Friendly Workplace Act, compensatory time, known 
as ``comp time,'' belongs to the employee, and the employee can use it 
for any purpose, at any time. Hourly paid workers are often less able 
to take unpaid leave under FMLA. In contrast, comp time is directed 
specifically at hourly workers, giving hourly workers the opportunity 
to have the same flexibility that salaried workers, as well as workers 
in the public sector, already enjoy.
  As we all know, time is one of our most precious resources. We all 
want more of it, and yet we only have 24 hours in a day. That means we 
have to figure out how to work a full day, run errands, pack lunches, 
make dinner, and spend quality time with our kids, spouse, or elderly 
parent.
  One of the biggest struggles parents face is how to balance work and 
family. Being a new mom myself, I struggle with balancing these aspects 
every day. This bill will give people more flexibility so workers can 
put in the time they need to get the job done, but also make sure they 
can make the school play, stay home with a sick child, or care for an 
elderly parent.
  The perception is that working mothers and parents have a greater 
desire for workplace flexibility than other workers; the reality is 
that men and women, parents and non-parents, younger and older workers 
alike place a high priority on increased flexibility at work.
  A study by the Employment Family Foundation found that a significant 
majority, 75 percent, of workers prefer time off instead of overtime 
pay, and more than eight in ten women, 81 percent, prefer to have that 
benefit as well.
  For many employers, flexible work arrangements are necessary to 
attract and retain quality employees. In return for offering employees 
alternative work arrangements and greater flexibility in work 
schedules, employers gain a workforce that is more productive, 
committed, and focused. For example, an insurance company in my home 
State of Washington saw per-employee revenue increase 70 percent over 5 
years after implementing flexible work options.
  In talking with Wayne Williams, president and CEO of Telect in 
Spokane, Washington, he told me that they are doing more to give their 
employees greater flexibility including personal days and utilizing 
technology to give them the flexibility to work from home.
  This isn't just a workforce issue; it is also a community and family 
issue.
  The bill I am introducing would allow private sector employers the 
option to offer employees additional time off in lieu of overtime pay. 
One of the greatest obstacles to flexibility in the workplace is the 
1938 Fair Labor Standards Act, known as the ``FLSA,'' which governs the 
work schedules and pay of millions of hourly workers. While the law may 
have been a good fit for the workforce in the 1930s, a lot has changed 
in 70 years, and FLSA is simply not relevant to the needs of modern 
families.
  Our labor force isn't what it used to be. Between 1950 and 2000, the 
labor force participation rate of women between 25 and 55 years of age 
more than doubled. Today, more than 75 percent of these women are in 
the labor market. Less than 12 percent of mothers with children under 
the age of six were in the labor force in 1950. Today, more than 60 
percent work outside the home.
  The FLSA fails to address the needs and preferences of employees in 
the area of flexible work schedules. Although salaried employees 
typically have greater flexibility in their day-to-day schedules, 
hourly employees are much more restricted--due in large part to the 
outdated FLSA--in their ability to gain greater flexibility in their 
work schedules.
  The goal of the Family-Friendly Workplace Act is simple: to reconcile 
the overtime requirements under the FLSA with employee demands for 
increased workplace flexibility. Specifically, the bill would give 
private sector employers the option of allowing their employees to 
voluntarily choose paid comp time off in lieu of overtime pay. Since 
1985, public sector employees have been able to bank comp time hours in 
order to have additional time off for vacation or other family needs. 
There is no justification for denying private sector employees an 
option under the FLSA which, by most accounts, has been successful and 
immensely popular with public sector hourly employees for over 20 
years.
  To be clear, the Family-Friendly Workplace Act would not change the 
employer's obligation under the FLSA to pay overtime at the rate of 
one-and-one-half times an employee's regular rate of pay for any hours 
worked over 40 in a seven day period. The bill would simply allow 
overtime compensation to be given--at the employee's request--as paid 
comp time off, at the rate of one-and-one-half hours of comp time for 
each hour of overtime worked, provided the employee and the employer 
agree on that form of overtime compensation. The bill contains numerous 
protections to ensure that the choice and use of comp time is a 
decision made by the employee.
  Since we can't do anything about adding more hours to the day, I hope 
my colleagues will join me in supporting something that gives us a 
little more flexibility in how we spend that time--the Family-Friendly 
Workplace Act. We need to respond to the growing needs of workers who 
want to better integrate work and family. Let's allow working women and 
men to decide for themselves whether paid time off or extra pay best 
fits their needs and that of their families.

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