‘‘(ii) the final regular rate received by 
such employee, 
whichever is higher. 
‘‘(B) CONSIDERATION
OF
PAYMENT.—Any 
payment owed to an employee under this sub-
section for unused compensatory time shall be 
considered unpaid overtime compensation. 
‘‘(7) USE OF TIME.—An employee— 
‘‘(A) who has accrued compensatory time off 
authorized to be provided under this subsection; 
and 
‘‘(B) who has requested the use of such com-
pensatory time, 
shall be permitted by the employee’s employer to use 
such time within a reasonable period after making 
the request if the use of the compensatory time does 
not unduly disrupt the operations of the employer. 
‘‘(8) DEFINITIONS.—For purposes of this sub-
section, the terms ‘overtime compensation’, ‘compen-
satory time’, and ‘compensatory time off’ have the 
meanings given such terms in subsection (o)(7).’’. 
SEC. 3. REMEDIES. 
Section 16 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 216) is amended— 
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(1) in subsection (b), in the first sentence, by 
striking ‘‘(b) Any employer’’ and inserting ‘‘(b) Ex-
cept as provided in subsection (f), any employer’’; 
and 
(2) by adding at the end the following: 
‘‘(f) An employer that violates section 7(t)(4) shall be 
liable to the employee affected in the amount of the rate 
of compensation (determined in accordance with section 
7(t)(6)(A)) for each hour of compensatory time accrued by 
the employee and in an additional equal amount as liq-
uidated damages reduced by the amount of such rate of com-
pensation for each hour of compensatory time used by such 
employee.’’. 
SEC. 4. NOTICE TO EMPLOYEES. 
Not later than 30 days after the date of enactment of 
this Act, the Secretary of Labor shall revise the materials 
the Secretary provides, under regulations published in sec-
tion 516.4 of title 29, Code of Federal Regulations, and any 
corresponding similar regulations or rulings (or any suc-
cessor regulations or rulings), to employers for purposes of 
a notice explaining the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.) to employees so that such notice re-
flects the amendments made to such Act by this Act. 
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SEC. 5. GAO REPORT. 
Not later than 2 years after the date of enactment of 
this Act and annually thereafter for 4 years, the Comp-
troller General shall submit a report to Congress providing, 
with respect to the 1-year period preceding each such re-
port— 
(1) data concerning the extent to which employ-
ers provide compensatory time pursuant to section 
7(t) of the Fair Labor Standards Act of 1938, as 
added by this Act, and the extent to which employees 
opt to receive compensatory time; 
(2) the number of complaints alleging a violation 
of such section filed by any employee with the Sec-
retary of Labor; 
(3) the number of enforcement actions com-
menced by the Secretary or commenced by the Sec-
retary on behalf of any employee for alleged violations 
of such section; 
(4) the disposition or status of such complaints 
and actions described in paragraphs (2) and (3); and 
(5) an account of any unpaid wages, damages, 
penalties, injunctive relief, or other remedies obtained 
or sought by the Secretary in connection with such 
actions described in paragraph (3). 
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Union Calendar No. 422 
119TH CONGRESS 
2D SESSION 
H. R. 2870 
[Report No. 119–496] 
A BILL 
To amend the Fair Labor Standards Act of 1938 
to provide compensatory time for employees in 
the private sector. 
FEBRUARY 12, 2026 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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