How Private Sector Employers are Affected by the Working Families Flexibility Act
Article by Nancy Mullett
The Republican sponsored bill H.R. 1180 titled The Working Families Flexibility Act would permit private sector employers to offer compensatory time off to employees in lieu of payment of overtime wages pursuant to a collective bargaining agreement, or if not represented, pursuant to an agreement with the employee before the work is performed.
Offering and agreeing to compensatory time off is voluntary and conditioned upon the employee having worked at least 1,000 hours for the employer in the previous 12 months. The amount of compensatory time allowed under the bill is capped at 160 hours and use of accrued compensatory time off would be subject to employer approval.
Additional provisions include a mandatory pay out for any unused compensatory time off by January 31 of each calendar year, unless a different time period is established between the employer and employee. Alternatively, the employer may provide compensation for an employee’s unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days’ notice. Compensation under either provision is based on the employee’s regular rate of pay.
The Committee on House Rules will likely meet this first week of May to begin the debate and amendment process. A link to the proposed bill can be found at https://www.govtrack.us/con gress/bills/115/hr1180/text.
Contact Nancy Mullett
Posted on May 02, 2017
Tagged as Labor & Employment Law