On April 3, the House Education and the Workforce Subcommittee on Workforce Protections approved, 8-6, legislation (H.R. 1119) designed to provide flexible work policies in the private sector.
In 1938, Congress passed the Fair Labor Standards Act (FLSA), which prohibits employers in the private sector from offering employees the choice of compensatory time off in lieu of overtime pay. In 1978, Congress passed legislation allowing federal employees to arrange alternative schedules; in 1985, Congress extended flexible work options to all public sector employees, allowing them to receive compensatory time off in place of overtime pay (see The Source, 3/14/03).
H.R. 1119, sponsored by Rep. Judy Biggert (R-IL), would seek to amend the FLSA, granting private sector employers the option of offering workers comp time instead of cash payments for overtime. The bill would require a written agreement between the employer and the employee, entered into voluntarily and knowingly by the employee. Comp time would be calculated at a rate of one-and-one-half hours of comp time for every hour of overtime work. Workers would be allowed to accrue up to 160 hours of comp time per year, and employers would be required to reimburse employees for unused time at the end of the year.
Rep. Biggert said the bill is “designed to give private sector workers the opportunity to have more flexibility in their work schedule so that they can, for example, better meet the demands of work and family,” while Subcommittee Chair Charlie Norwood (R-GA) called the bill a “win-win for working parents, and for our nation’s employers.”
Critics say the measure would turn over too much control to employers, who could use the measure to force workers to take comp time instead of cash payment.
“This bill is not about flex time for workers,” said Rep. Lynn Woolsey (D-CA). “It is all about flex time for employers.”
Rep. Major Owens (D-NY), Ranking Member of the subcommittee, agreed. “Rather than increasing a worker’s control over his or her own life, H.R. 1119 increases the employer’s control over the worker’s life. It does not guarantee the right of any employee to use a single day of comp time.”
“It’s wrong, and it’s an assault on working families,” concurred Rep. Donald Payne (D-NJ). “It’s not right. We’re going to have a two-tiered society those who have, and those who have not.”
“Good government should empower people to work together rather than restrict innovation and flexibility,” countered Rep. Marsha Blackburn (R-TN). “Today, 70 percent of mothers with children under the age of 18 work outside the home. It’s critical that government reform the outdated restrictions that prevent flexibility. The system as it exists prevents mothers and fathers from spending time with their kids and that is just not acceptable. Jobs in the 21st century are increasingly complex, less 9-5 and our laws should reflect how our lives and our lifestyles have changed.”
Republican leaders hope to bring the bill to the floor before Mother’s Day.
