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Union Calendar No. 30 

113TH CONGRESS 

1ST SESSION H. R. 1406 

[Report No. 113–49] 

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

time for employees in the private sector. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2013 

Mrs. ROBY (for herself, Mrs. MCMORRIS RODGERS, Mr. KLINE, and Mr. 

WALBERG) introduced the following bill; which was referred to the Committee on Education and the Workforce 

APRIL 30, 2013 

Additional sponsors: Ms. FOXX, Mr. MCKEON, Mr. HECK of Nevada, Mr. 

WALDEN, Mr. MESSER, Mrs. WAGNER, Mr. BONNER, Mr. BROOKS of 

Alabama, Mrs. NOEM, Mr. BUCSHON, Ms. JENKINS, Mr. CAMPBELL, Mr. 

ROE of Tennessee, Mrs. BROOKS of Indiana, Mr. WILSON of South Carolina, Mr. ROGERS of Alabama, Mr. CASSIDY, Mr. PRICE of Georgia, Mrs. 

ELLMERS, Mr. HUNTER, Mr. ROSKAM, Mrs. HARTZLER, Mr. LUCAS, Mr. 

GOWDY, Mrs. WALORSKI, Mr. SOUTHERLAND, Mr. ROHRABACHER, Mr. 

COBLE, Mr. SAM JOHNSON of Texas, Mr. GOODLATTE, Mr. BACHUS, 

Mrs. BLACK, Mr. THORNBERRY, Mr. GINGREY of Georgia, Mr. BRADY

of Texas, Mr. FORBES, Mr. MCCARTHY of California, Mr. REED, Mr. 

NUGENT, Ms. HERRERA BEUTLER, Mrs. BLACKBURN, Mr. CALVERT, Mr. 

CAMP, Mr. CARTER, Mr. CULBERSON, Ms. GRANGER, Mr. BURGESS, Mr. 

KINGSTON, Mr. COLE, Mr. PAULSEN, Mr. MCHENRY, Mr. ROONEY, Mr. 

JORDAN, Mr. TERRY, Mr. SMITH of Texas, Mr. ADERHOLT, Mr. ISSA, 

Mr. FRANKS of Arizona, Mr. MCCLINTOCK, Mr. MARCHANT, Mr. KELLY

of Pennsylvania, Mr. LATTA, Mr. CONAWAY, Mr. HUDSON, Mr. GRIFFIN

of Arkansas, Mr. TIBERI, Mr. POSEY, Mr. MILLER of Florida, Mr. ROGERS of Kentucky, Mr. BOUSTANY, Mr. ALEXANDER, Mr. GRAVES of Missouri, Mr. SESSIONS, Mrs. LUMMIS, Mrs. BACHMANN, Mr. MCCAUL, Mr. 

ROYCE, Mr. BRIDENSTINE, Mr. KING of Iowa, Mrs. MILLER of Michigan, 

Mr. SALMON, Mr. SHUSTER, Mr. HUIZENGA of Michigan, Mr. 

DESJARLAIS, Mr. UPTON, Mr. HARPER, Mr. FLEISCHMANN, Mr. WEBER

of Texas, Mr. MULLIN, Mr. ROKITA, Mr. COTTON, Mr. DUNCAN of South 


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Carolina, Mr. GARDNER, Mr. TIPTON, Mr. YODER, Mr. AUSTIN SCOTT

of Georgia, Mr. GRAVES of Georgia, Mr. DAINES, Mr. ROGERS of Michigan, Mr. CHAFFETZ, Mr. HENSARLING, Mr. FARENTHOLD, Mr. WESTMORELAND, Mr. STIVERS, Mr. WOODALL, Mr. ROSS, Mr. DUFFY, Mr. 

SIMPSON, Mr. HURT, Mr. FINCHER, Mr. LONG, Mr. FLORES, Mr. 

WOMACK, Mr. SMITH of Nebraska, Mr. LANKFORD, Mr. GUTHRIE, Mr. 

GRIFFITH of Virginia, Mr. NUNNELEE, Mr. AMODEI, Mr. YOUNG of Indiana, Mr. OLSON, Mr. NEUGEBAUER, Mr. HASTINGS of Washington, Mr. 

STEWART, Mr. CRAMER, Mr. STUTZMAN, Mr. WITTMAN, Mr. LABRADOR, 

Mr. HOLDING, Mr. BISHOP of Utah, Mr. DESANTIS, Mr. RIBBLE, Mr. 

JOHNSON of Ohio, Mr. GIBBS, Mr. BENTIVOLIO, Mr. HARRIS, Mr. 

REICHERT, Mr. VALADAO, Mr. COLLINS of New York, Mr. COFFMAN, 

Mr. THOMPSON of Pennsylvania, Mr. NUNES, Mr. CRAWFORD, Mr. 

MULVANEY, Mr. LATHAM, Mr. MEADOWS, Mr. GARRETT, Mr. 

BUCHANAN, Mr. HALL, Mr. SENSENBRENNER, Mr. FORTENBERRY, Mr. 

SCALISE, Mr. PEARCE, Mr. GOHMERT, Mr. FLEMING, Mr. ROTHFUS, Mr. 

LAMBORN, Mr. WEBSTER of Florida, Mr. RYAN of Wisconsin, Mr. 

SCHWEIKERT, Mr. GOSAR, Mr. POMPEO, Mr. STOCKMAN, Mr. COLLINS

of Georgia, and Mr. HUELSKAMP

APRIL 30, 2013 

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 April 9, 2013] 

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 2013’’. 

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 

20 (1)(A) only if such time is provided in accordance 

21 with— 

22 ‘‘(A) applicable provisions of a collective 

23 bargaining agreement between the employer and 

24 the labor organization that has been certified or 


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1 recognized as the representative of the employees 

2 under applicable law; or 

3 ‘‘(B) in the case of employees who are not 

4 represented by a labor organization that has 

5 been certified or recognized as the representative 

6 of such employees under applicable law, an 

7 agreement arrived at between the employer and 

8 employee before the performance of the work and 

9 affirmed by a written or otherwise verifiable 

10 record maintained in accordance with section 

11 11(c)— 

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

13 and the employee has chosen to receive com14 pensatory time in lieu of monetary overtime 

15 compensation; and 

16 ‘‘(ii) entered into knowingly and vol17 untarily by such employees and not as a 

18 condition of employment. 

19 No employee may receive or agree to receive compen20 satory time off under this subsection unless the em21 ployee has worked at least 1,000 hours for the employ22 ee’s employer during a period of continuous employ23 ment with the employer in the 12-month period before 

24 the date of agreement or receipt of compensatory time 

25 off. 


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1 ‘‘(3) HOUR LIMIT.— 

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

3 accrue not more than 160 hours of compensatory 

4 time. 

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

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

7 employer shall provide monetary compensation 

8 for any unused compensatory time off accrued 

9 during the preceding calendar year that was not 

10 used prior to December 31 of the preceding year 

11 at the rate prescribed by paragraph (6). An em12 ployer may designate and communicate to the 

13 employer’s employees a 12-month period other 

14 than the calendar year, in which case such com15 pensation shall be provided not later than 31 

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

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

18 may provide monetary compensation for an em19 ployee’s unused compensatory time in excess of 

20 80 hours at any time after giving the employee 

21 at least 30 days notice. Such compensation shall 

22 be provided at the rate prescribed by paragraph 

23 (6). 

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

25 bargaining agreement provides otherwise, an emVerDate Mar 15 2010 21:56 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1406.RH H1406

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1 ployer that has adopted a policy offering com2 pensatory time to employees may discontinue 

3 such policy upon giving employees 30 days no4 tice. 

5 ‘‘(E) WRITTEN REQUEST.—An employee 

6 may withdraw an agreement described in para7 graph (2)(B) at any time. An employee may also 

8 request in writing that monetary compensation 

9 be provided, at any time, for all compensatory 

10 time accrued that has not yet been used. Within 

11 30 days of receiving the written request, the em12 ployer shall provide the employee the monetary 

13 compensation due in accordance with paragraph 

14 (6). 

15 ‘‘(4) PRIVATE EMPLOYER ACTIONS.—An em16 ployer that provides compensatory time under para17 graph (1) to employees shall not directly or indirectly 

18 intimidate, threaten, or coerce or attempt to intimi19 date, threaten, or coerce any employee for the purpose 

20 of— 

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

22 under this subsection to request or not request 

23 compensatory time off in lieu of payment of 

24 monetary overtime compensation for overtime 

25 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 received by such 

15 employee when the compensatory time was 

16 earned; or 

17 ‘‘(ii) the final regular rate received by 

18 such employee, 

19 whichever is higher. 

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

21 payment owed to an employee under this sub22 section for unused compensatory time shall be 

23 considered unpaid overtime compensation. 

24 ‘‘(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. SUNSET. 

16 This Act and the amendments made by this Act shall 

17 expire 5 years after the date of enactment of this Act. 


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Union Calendar No. 30 

113TH CONGRESS 

1ST SESSION H. R. 1406 

[Report No. 113–49] 

A BILL 

To amend the Fair Labor Standards Act of 1938 

the private sector. to provide compensatory time for employees in 

APRIL 30, 2013 

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


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