Martha Roby’s Working Families Flexibility Act passes House Committee
A bill that will allow employers to offer private-sector employees the choice of paid time off in lieu of cash wages for overtime hours worked, allowing them greater choice and increased time flexibility in the workplace, passed out of the House Committee on Education and the Workforce on Wednesday. Sponsored by Alabama 2nd District U.S. Rep. Martha Roby, H.R. 1180, the Working Families Flexibility Act, would give private sector employees the option to convert their accrued overtime into paid time off. This compensatory time, or “comp time,” would be completely voluntary for the employer and employee with strong worker protections to prohibit coercion. Comp time is already widely used by government employees. “As a working mom, I understand all too well the challenges that working parents face in juggling a career and managing a family,” Roby said. “Whether it’s coaching a child’s tee ball team or caring for an aging parent, family responsibilities often require time away from work. Congress can’t legislative another hour into the day, but we can give working parents more choices over how they use their time.” Roby’s bill would amend the Fair Labor Standards Act of 1938 (FLSA), which regulates workforce practices. In 1985, Congress amended the FLSA to allow the use of comp time in government agencies, but the practice remains prohibited in the private sector. “Outdated federal rules that demand rigid work schedules are making it more difficult for workers to find the flexibility they need. That’s why we need the Working Families Flexibility Act,” said Committee Chairwoman Virigina Foxx. “By providing private-sector employees the choice of paid time off for overtime hours worked, we can empower more hardworking Americans to do what’s best for themselves and their families. All we are doing is giving workers an option, and it’s the same option public-sector workers have received for decades.” Roby’s proposal includes reforms to: Allow employers to offer employees a choice between cash wages and accruing comp time for overtime hours worked. No employee can be forced to take comp time. Protect employees by requiring the employer and the employee to complete a written agreement to use comp time, entered into knowingly and voluntarily by the employee. Retain all existing employee protections in current law, including the 40-hour workweek and how overtime compensation is accrued. Allow employees to accrue up to 160 hours of comp time each year. An employer would be required to pay cash wages for any unused time at the end of the year. Workers are free to ‘cash out’ their accrued comp time whenever they choose to do so. Prohibit employers from intimidating, coercing, or forcing employees to accept comp time instead of cash wages. Those in violation of the law would be liable to the employees for double damages. Require the nonpartisan Government Accountability Office to report to Congress on the extent private-sector employers and employees are using comp time, as well as the number of complaints filed with and enforcement actions taken by the U.S. Department of Labor. Roby said she introduced this bill because she believes all workers should have access to this flexibility benefit. “The Working Families Flexibility Act would finally offer Americans working in the private sector what their peers in the public sector already enjoy: more freedom and more control over their time so they can spend it the way they choose,” Roby added.
Bradley Byrne: More options for working families
In the early part of 2017, much of the focus in Congress has been on rolling back damaging policies of the Obama Administration. We have had real success in these efforts, stopping flawed regulations covering everything from education to the Second Amendment to Planned Parenthood. I think it is critically important we continue looking to reverse regulations and policies that do not work. At the same time, it is also important that we advance our own solutions that will make life better for hard working families. As Chairman of the House Workforce Protections Subcommittee, I led a hearing regarding one such solution last week. Our Committee held a hearing on H.R. 1180, the Working Families Flexibility Act. This bill, which was introduced by my Alabama colleague Martha Roby, would go a long way toward giving working families greater options when it comes to time off. The workforce of today is very different from the workforce of forty or fifty years ago. Millennials now represent the majority of the workforce. In nearly half of two-parent households, both parents work full time. That’s up from roughly 30 percent in 1970. Meanwhile, technological advances continue to rapidly change the very nature of how we work and stay connected to work. This means that working families today face a different set of challenges when it comes to balancing their work and family lives. We often hear the phrase that “there just aren’t enough hours in the day.” Well, the Working Families Flexibility Act would help address this issue and improve the quality of life for hardworking men and women. For decades, public-sector employers have been able to offer workers the choice between paid time off and cash wages for working overtime. That’s because in 1985, Congress amended the Fair Labor Standards Act to give public-sector employees greater flexibility. But under federal law, it is still illegal to extend the same benefits to private-sector employees who are eligible for overtime pay. This isn’t right, and it isn’t fair. Private-sector workers should be afforded the same freedom to do what’s best for themselves and their families. For many Americans working paycheck to paycheck, earning some additional income is the choice that is best for them, but the federal government shouldn’t assume that’s the best choice for everyone. Unfortunately, union leaders and special interest groups have tried desperately over the years to deny workers the freedom to make that choice. They’ve been incredibly false and misleading in the process, so let me be clear. This bill preserves the 40-hour work week and existing overtime protections. For workers who elect to receive paid time off, their leave would accrue at the same rate—time-and-a-half—as wages. The bill includes strong protections to ensure the use of comp time is completely voluntary. No worker can be forced to take comp time instead of overtime pay. Workers can switch back to receiving cash wages whenever they choose, and they are allowed to cash out their comp time for any reason at any time. This bill also includes important protections to prevent employers from intimidating or coercing employees into receiving paid leave in lieu of cash wages, and the Department of Labor would have full authority to enforce those protections. Ultimately, this is about freedom, choice, and fairness. Democrats and Republicans came together more than 30 years ago to amend the law to provide more choices for public-sector workers, and it’s time we did the same for workers in the private sector. The Working Families Flexibility Act is exactly the kind of forward-looking and conservative policy we should be championing as we help support the workforce of the 21st Century. • • • Bradley Byrne is a member of U.S. Congress representing Alabama’s 1st Congressional District.
