U.S. House of Representatives Approves Bill
to Allow Time Off for Overtime
May 10, 2013
by Jenna Reed, firstname.lastname@example.org
The U.S. House of Representatives approved a bill this week that
would allow private-sector employees to trade in overtime hours
for unpaid time off.
The intention of H.R. 1406 is "to amend the Fair Labor Standards
Act of 1938 to provide compensatory time for employees in the private
sector," according to the legislation.
In essence, the bill would offer employers the flexibility to decide
whether to allow nonunion employees to trade overtime hours for
time off. To receive the time off, an employee must put in a written
Called the "Working Families Flexibility Act of 2013"
the bill says, "An employee may receive, in accordance with
this subsection and in lieu of monetary overtime compensation, compensatory
time off at a rate not less than one and one-half hours for each
hour of employment for which overtime compensation is required by
The bill also says, "No employee may receive or agree to receive
compensatory time off under this subsection unless the employee
has worked at least 1,000 hours for the employee's employer during
a period of continuous employment with the employer in the 12-month
period before the date of agreement or receipt of compensatory time
Moreover, the bill states that an employee cannot accrue more than
160 hours of compensatory time.
The House-approved bill says, "No later than January 31 of
each calendar year, the employee's employer shall provide monetary
compensation for any unused compensatory time off accrued during
the preceding calendar year that was not used prior to December
31 of the preceding year
Moreover, the bill spells out that "the employer may provide
monetary 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."
If an employer decides to discontinue this policy, officials must
give employees 30 days' notice, the bill adds.
"An employee may also request in writing that monetary compensation
be provided at any time for all compensatory time accrued that has
not been used," according to the bill. "Within 30 days
of receiving the written request, the employer shall provide the
employee the monetary compensation due."
H.R. 1406 also includes a sunset clause, which means that if the
bill is approved and enacted, it and the related amendments will
expire within five years unless extended by Congress.
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