Full House to consider comp-time measure - HR News - Family Time Flexibility Act - Brief Article

HR Magazine, May, 2003 by Beth McConnell

The House Committee on Education and the Workforce passed on April 9 the Family Time Flexibility Act, which would amend the Fair Labor Standards Act (FLSA) to allow private-sector employees to choose paid time off instead of overtime pay, and sent it to the full House for debate.

Rep. Judy Biggert, R-Ill., introduced the bill, H.R. 1119, on March 6. The committee vote fell along party lines, with 27 Republicans supporting the bill and 22 Democrats opposing it.

Under the bill, if an employer and employee--or in union shops, if the union and employer--agree to allow an employee to start accruing overtime hours as compensatory or family time, the employee has the option of banking up to 160 hours to use later as paid time off. The comp time would accrue at the same rate as overtime--time-and-a-half for each hour worked over 40 in a week--and the employee could collect cash payments for any unused time. The employee could cancel the agreement at any time. The bill would prohibit employers from forcing employees to take comp time instead of overtime pay.

Federal employees have been able to swap overtime pay for comp time since 1978, when Congress passed the Federal Employees Flexible and Compressed Work Schedules Act.

Biggert and other proponents say the private-sector measure would allow busy parents to schedule paid time off with their children. Opponents say the FLSA already allows employers to offer employees flexible schedules and paid comp time. In addition, they fear that unscrupulous employers would not offer comp time when requested and would offer overtime hours to only those workers who choose comp time.