[Congressional Record Volume 159, Number 65 (Thursday, May 9, 2013)]
[Extensions of Remarks]
[Page E636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                WORKING FAMILIES FLEXIBILITY ACT OF 2013

                                 ______
                                 

                               speech of

                         HON. YVETTE D. CLARKE

                              of new york

                    in the house of representatives

                         Wednesday, May 8, 2013

  Ms. CLARKE. Mr. Speaker, today, I rise in opposition to H.R. 1406, 
The Working Families Flexibility Act. This bill is a sham! It does not 
offer working families flexibility, nor does it protect employee 
rights. But what it does is strip employees of their rights by 
eliminating the Federal Labor Standards Act statute guaranteeing 
overtime pay for time worked over 40 hours per week.
  It shifts control of overtime from a monetarily incentivized program 
for the employee to an employer-controlled one incentivized by cheaper 
labor and less need to hire more workers. This bill also contains no 
avenue for employees to file grievances if requests for time off are 
denied or not responded to.
  Under H.R. 1406, after the employee makes a request to use 
compensatory time, the employer's only responsibility is to permit the 
employee ``to use such time within a reasonable period after making the 
request if the use of the compensatory time does not unduly disrupt the 
operations of the employer.'' There is no responsibility on the part of 
the employer to respond in a timely manner or accommodate an employee 
request.
  H.R. 1406 turns back years of hard won victories for American workers 
and their families by undermining the Federal Labor Standards Act and 
giving the employer virtually complete control over when the overtime 
is used.
  The AFL-CIO, the Communication Workers of America, the National 
Partnership for Women & Families, and numerous other organizations 
oppose this bill. However, imagine my surprise when I received an e-
mail from the U.S. Women's Chamber of Commerce also urging me to oppose 
this bill!
  As a rule, Chambers of Commerce usually support ``pro-employer'' 
bills. However, in this case, the U.S. Women's Chamber of Commerce 
wrote, ``all employers want as low a payroll expenditure as possible 
but there is a reason to be concerned that employers incentivized by 
H.R. 1406 would reward those employees who agree to ``comp time'' in 
lieu of overtime payments. Employers incentivized by a reduced payroll 
might well give ``comp time'' employees the preferred shifts, the 
needed hours, and the promotions. There is no protection in H.R. 1406 
against this kind of employer behavior.''
  Make no mistake about it--H.R. 1406 hurts American workers and their 
families. This bill is just another Republican attempt to destroy the 
American worker. So I ask my colleagues to join me in opposing H.R. 
1406.

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