[Congressional Record (Bound Edition), Volume 149 (2003), Part 4]
[Extensions of Remarks]
[Page 5590]
[From the U.S. Government Publishing Office, www.gpo.gov]




            INTRODUCTION OF THE FAMILY TIME FLEXIBILITY ACT

                                 ______
                                 

                           HON. JUDY BIGGERT

                              of illinois

                    in the house of representatives

                        Thursday, March 6, 2003

  Mrs. BIGGERT. Mr. Speaker, I rise today to introduce The Family Time 
Flexibility Act, which allows employers to offer American workers the 
option of voluntarily taking compensatory time off in lieu of receiving 
overtime pay. I am pleased that 67 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, enacted during the depression, was 
designed for a very different workforce with very different needs.
  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 weighs most heavily on women, all 
workers--regardless of gender--experience conflict between work and 
family, between watching their child's baseball game or going through 
that stack of papers on their desk.
  The Family Time 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 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 compensatory time or 
overtime. This bill does not relieve employers of any obligation to pay 
overtime.
  As a matter of fact, my bill contains explicit penalties if an 
employer ``directly or indirectly intimidates, threatens or coerces'' 
an employee into taking comp time in lieu of overtime, and the 
penalties are more severe than under current law. Employers who engage 
in such behavior will be liable for double damages plus attorney's fees 
and costs. In addition, the other remedies included under the FLSA--
including civil and criminal penalties and injunctive relief--still 
will apply. The employee may respond through a private right of action, 
or the Labor Department may sue on behalf of the employee. I also want 
to stress that this bill in no way affects or changes the standard 40-
hour workweek.
  Here's how the bill works. If the employer and the employee agree--or 
in union shops, the union and the employer agree through their 
collective bargaining agreement--to allow the employee to start 
accruing overtime hours as compensatory or family time, the employee 
may bank overtime hours and use them at a later time as 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 protect employees. 
Let me reiterate that employers are explicitly prohibited, under threat 
of civil and criminal penalties, from attempting to directly or 
indirectly intimidate, threaten, or coerce any employee to take comp-
time instead of cash pay as pay for overtime.
  In addition, employers must obtain prior written approval from each 
employee who chooses comp-time in lieu of cash pay for overtime. And 
employees can withdraw their request to receive comp-time and go back 
to receiving cash pay at any time.
  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. 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 any time, 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--it makes 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 Family Time 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.
  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 ``family time'' bill that will be good for workers, 
businesses, the economy, and America's families.
  In closing, 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.
  I urge my colleagues to join us in cosponsoring the Family Time 
Flexibility Act.

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