House Passes Comp Time Bill; Senate Outlook Uncertain

Employee Relations, Employment Law

This week, the House voted 229 to 197 to pass the Working Families Flexibility Act (H.R. 1180), which would allow private-sector employers to create voluntarily comp time programs in which compensatory time off may be substituted in lieu of overtime wages for all hours worked in excess of 40 per week, subject to several conditions.  In such programs, employees may enter into an agreement with their employer to earn up to 160 hours of compensatory time that can be used generally at the discretion of the employee.  A CHRO Guide to the bill is here.  House Education and the Workforce Chairwoman Virginia Foxx (R-NC) said: “It's a pro-worker, pro-family proposal that will make a positive difference in the lives of many Americans.  The federal government should not stand in the way of more flexibility in the workplace.”  Speaking in opposition, Rep. Pramila Jayapal (D-WA) said the bill “gives employers flexibility to not pay for time worked.  It's a smoke-and-mirrors promise that ultimately helps employers but hurts workers.”  The bill now heads to the Senate where several high-ranking Republicans, including Senate Majority Leader Mitch McConnell (R-KY), have co-sponsored the Senate version of the bill.  However, the bill, which was passed on a straight party-line vote in the House, will need some Democratic support in the Senate to make it to the President’s desk.