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Union Calendar No. 58 

115TH CONGRESS 

1ST SESSION H. R. 1180 

[Report No. 115–101] 

To amend the Fair Labor Standards Act of 1938 to provide compensatory 

time for employees in the private sector. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mrs. ROBY introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

APRIL 28, 2017 

Additional sponsors: Mr. BYRNE, Mr. GROTHMAN, Mrs. COMSTOCK, Mr. ROE

of Tennessee, Ms. STEFANIK, Mr. GOODLATTE, Mr. SESSIONS, Mr. 

WEBER of Texas, Mr. GUTHRIE, Mr. WILSON of South Carolina, Mr. 

FERGUSON, Ms. FOXX, Mr. SMUCKER, Mr. BROOKS of Alabama, Mr. 

ROKITA, Ms. MCSALLY, and Mr. SMITH of Nebraska 

APRIL 28, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 16, 2017] 


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A BILL 

To amend the Fair Labor Standards Act of 1938 to provide 

compensatory time for employees in the private sector. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Working Families Flexi5 bility Act of 2017’’. 

6 SEC. 2. COMPENSATORY TIME. 

7 Section 7 of the Fair Labor Standards Act of 1938 

8 (29 U.S.C. 207) is amended by adding at the end the fol9 lowing: 

10 ‘‘(s) COMPENSATORY TIME OFF FOR PRIVATE EM11 PLOYEES.— 

12 ‘‘(1) GENERAL RULE.—An employee may receive, 

13 in accordance with this subsection and in lieu of 

14 monetary overtime compensation, compensatory time 

15 off at a rate not less than one and one-half hours for 

16 each hour of employment for which overtime com17 pensation is required by this section. 

18 ‘‘(2) CONDITIONS.—An employer may provide 

19 compensatory time to employees under paragraph (1) 

20 only if such time is provided in accordance with— 

21 ‘‘(A) applicable provisions of a collective 

22 bargaining agreement between the employer and 

23 the labor organization that has been certified or 

24 recognized as the representative of the employees 

25 under applicable law; or 


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1 ‘‘(B) in the case of an employee who is not 

2 represented by a labor organization that has 

3 been certified or recognized as the representative 

4 of such employee under applicable law, an agree5 ment arrived at between the employer and em6 ployee before the performance of the work and af7 firmed by a written or otherwise verifiable record 

8 maintained in accordance with section 11(c)— 

9 ‘‘(i) in which the employer has offered 

10 and the employee has chosen to receive com11 pensatory time in lieu of monetary overtime 

12 compensation; and 

13 ‘‘(ii) entered into knowingly and vol14 untarily by such employee and not as a 

15 condition of employment. 

16 No employee may receive or agree to receive compen17 satory time off under this subsection unless the em18 ployee has worked at least 1,000 hours for the employ19 ee’s employer during a period of continuous employ20 ment with the employer in the 12-month period before 

21 the date of agreement or receipt of compensatory time 

22 off. 

23 ‘‘(3) HOUR LIMIT.— 


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1 ‘‘(A) MAXIMUM HOURS.—An employee may 

2 accrue not more than 160 hours of compensatory 

3 time. 

4 ‘‘(B) COMPENSATION DATE.—Not later than 

5 January 31 of each calendar year, the employee’s 

6 employer shall provide monetary compensation 

7 for any unused compensatory time off accrued 

8 during the preceding calendar year that was not 

9 used prior to December 31 of the preceding year 

10 at the rate prescribed by paragraph (6). An em11 ployer may designate and communicate to the 

12 employer’s employees a 12-month period other 

13 than the calendar year, in which case such com14 pensation shall be provided not later than 31 

15 days after the end of such 12-month period. 

16 ‘‘(C) EXCESS OF 80 HOURS.—The employer 

17 may provide monetary compensation for an em18 ployee’s unused compensatory time in excess of 

19 80 hours at any time after giving the employee 

20 at least 30 days notice. Such compensation shall 

21 be provided at the rate prescribed by paragraph 

22 (6). 

23 ‘‘(D) POLICY.—Except where a collective 

24 bargaining agreement provides otherwise, an em25 ployer that has adopted a policy offering comVerDate Sep 11 2014 20:45 Apr 28, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1180.RH H1180

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1 pensatory time to employees may discontinue 

2 such policy upon giving employees 30 days no3 tice. 

4 ‘‘(E) WRITTEN REQUEST.—An employee 

5 may withdraw an agreement described in para6 graph (2)(B) at any time. An employee may also 

7 request in writing that monetary compensation 

8 be provided, at any time, for all compensatory 

9 time accrued that has not yet been used. Within 

10 30 days of receiving the written request, the em11 ployer shall provide the employee the monetary 

12 compensation due in accordance with paragraph 

13 (6). 

14 ‘‘(4) PRIVATE EMPLOYER ACTIONS.—An em15 ployer that provides compensatory time under para16 graph (1) to an employee shall not directly or indi17 rectly intimidate, threaten, or coerce or attempt to in18 timidate, threaten, or coerce any employee for the 

19 purpose of— 

20 ‘‘(A) interfering with such employee’s rights 

21 under this subsection to request or not request 

22 compensatory time off in lieu of payment of 

23 monetary overtime compensation for overtime 

24 hours; or 


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1 ‘‘(B) requiring any employee to use such 

2 compensatory time. 

3 ‘‘(5) TERMINATION OF EMPLOYMENT.—An em4 ployee who has accrued compensatory time off author5 ized to be provided under paragraph (1) shall, upon 

6 the voluntary or involuntary termination of employ7 ment, be paid for the unused compensatory time in 

8 accordance with paragraph (6). 

9 ‘‘(6) RATE OF COMPENSATION.— 

10 ‘‘(A) GENERAL RULE.—If compensation is 

11 to be paid to an employee for accrued compen12 satory time off, such compensation shall be paid 

13 at a rate of compensation not less than— 

14 ‘‘(i) the regular rate earned by such 

15 employee when the compensatory time was 

16 accrued; or 

17 ‘‘(ii) the regular rate earned by such 

18 employee at the time such employee received 

19 payment of such compensation, 

20 whichever is higher. 

21 ‘‘(B) CONSIDERATION OF PAYMENT.—Any 

22 payment owed to an employee under this sub23 section for unused compensatory time shall be 

24 considered unpaid overtime compensation. 

25 ‘‘(7) USE OF TIME.—An employee— 


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1 ‘‘(A) who has accrued compensatory time off 

2 authorized to be provided under paragraph (1); 

3 and 

4 ‘‘(B) who has requested the use of such com5 pensatory time, 

6 shall be permitted by the employee’s employer to use 

7 such time within a reasonable period after making 

8 the request if the use of the compensatory time does 

9 not unduly disrupt the operations of the employer. 

10 ‘‘(8) DEFINITIONS.—For purposes of this sub11 section— 

12 ‘‘(A) the term ‘employee’ does not include 

13 an employee of a public agency; and 

14 ‘‘(B) the terms ‘overtime compensation’ and 

15 ‘compensatory time’ shall have the meanings 

16 given such terms by subsection (o)(7).’’. 

17 SEC. 3. REMEDIES. 

18 Section 16 of the Fair Labor Standards Act of 1938 

19 (29 U.S.C. 216) is amended— 

20 (1) in subsection (b), by striking ‘‘(b) Any em21 ployer’’ and inserting ‘‘(b) Except as provided in sub22 section (f), any employer’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(f) An employer that violates section 7(s)(4) shall be 

25 liable to the employee affected in the amount of the rate 


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1 of compensation (determined in accordance with section 

2 7(s)(6)(A)) for each hour of compensatory time accrued by 

3 the employee and in an additional equal amount as liq4 uidated damages reduced by the amount of such rate of com5 pensation for each hour of compensatory time used by such 

6 employee.’’. 

7 SEC. 4. NOTICE TO EMPLOYEES. 

8 Not later than 30 days after the date of enactment of 

9 this Act, the Secretary of Labor shall revise the materials 

10 the Secretary provides, under regulations published in sec11 tion 516.4 of title 29, Code of Federal Regulations, to em12 ployers for purposes of a notice explaining the Fair Labor 

13 Standards Act of 1938 to employees so that such notice re14 flects the amendments made to such Act by this Act. 

15 SEC. 5. GAO REPORT. 

16 Beginning 2 years after the date of enactment of this 

17 Act and each of the 3 years thereafter, the Comptroller Gen18 eral of the United States shall submit a report to Congress 

19 providing, with respect to the reporting period immediately 

20 prior to each such report— 

21 (1) data concerning the extent to which employ22 ers provide compensatory time pursuant to section 

23 7(s) of the Fair Labor Standards Act of 1938, as 

24 added by this Act, and the extent to which employees 

25 opt to receive compensatory time; 


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1 (2) the number of complaints alleging a violation 

2 of such section filed by any employee with the Sec3 retary of Labor; 

4 (3) the number of enforcement actions com5 menced by the Secretary or commenced by the Sec6 retary on behalf of any employee for alleged violations 

7 of such section; 

8 (4) the disposition or status of such complaints 

9 and actions described in paragraphs (2) and (3); and 

10 (5) an account of any unpaid wages, damages, 

11 penalties, injunctive relief, or other remedies obtained 

12 or sought by the Secretary in connection with such 

13 actions described in paragraph (3). 

14 SEC. 6. SUNSET. 

15 This Act and the amendments made by this Act shall 

16 cease to be in effect on the date that is 5 years after the 

17 date of enactment of this Act. 


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Union Calendar No. 58 

115TH CONGRESS 

1ST SESSION H. R. 1180 

[Report No. 115–101] 

A BILL 

To amend the Fair Labor Standards Act of 1938 

the private sector. to provide compensatory time for employees in 

APRIL 28, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3GMQ082PROD with BILLS