employment, be paid for the unused compensatory 
time in accordance with paragraph (6). 
‘‘(6) RATE OF COMPENSATION.— 
‘‘(A) GENERAL RULE.—If compensation is 
to be paid to an employee for accrued compen-
satory time off, such compensation shall be paid 
at a rate of compensation not less than— 
‘‘(i) the regular rate earned by such 
employee when the compensatory time was 
accrued; or 
‘‘(ii) the regular rate earned by such 
employee at the time such employee re-
ceived payment of such compensation, 
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 paragraph 
(1); and 
‘‘(B) who has requested the use of such 
compensatory time, 
VerDate Sep 11 2014 
01:59 Jan 18, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5656.IH
H5656
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— 
‘‘(A) the term ‘employee’ does not include 
an employee of a public agency; and 
‘‘(B) the terms ‘overtime compensation’ 
and ‘compensatory time’ shall have the mean-
ings given such terms by subsection (o)(7).’’. 
SEC. 3. REMEDIES. 
Section 16 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 216) is amended— 
(1) in subsection (b), by striking ‘‘(b) Any em-
ployer’’ and inserting ‘‘(b) Except as provided in 
subsection (f), any employer’’; and 
(2) by adding at the end the following: 
‘‘(f) An employer that violates section 7(s)(4) shall 
be liable to the employee affected in the amount of the 
rate of compensation (determined in accordance with sec-
tion 7(s)(6)(A)) for each hour of compensatory time ac-
crued by the employee and in an additional equal amount 
as liquidated damages reduced by the amount of such rate 
VerDate Sep 11 2014 
01:59 Jan 18, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5656.IH
H5656
of compensation 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 mate-
rials the Secretary provides, under regulations published 
in section 516.4 of title 29, Code of Federal Regulations, 
to employers for purposes of a notice explaining the Fair 
Labor Standards Act of 1938 to employees so that such 
notice reflects the amendments made to such Act by this 
Act. 
SEC. 5. GAO REPORT. 
Beginning 2 years after the date of enactment of this 
Act and each of the 3 years thereafter, the Comptroller 
General of the United States shall submit a report to Con-
gress providing, with respect to the reporting period imme-
diately prior to each such report— 
(1) data concerning the extent to which employ-
ers provide compensatory time pursuant to section 
7(s) of the Fair Labor Standards Act of 1938, as 
added by this Act, and the extent to which employ-
ees opt to receive compensatory time; 
(2) the number of complaints alleging a viola-
tion of such section filed by any employee with the 
Secretary of Labor; 
VerDate Sep 11 2014 
01:59 Jan 18, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5656.IH
H5656
(3) the number of enforcement actions com-
menced by the Secretary or commenced by the Sec-
retary on behalf of any employee for alleged viola-
tions 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 ob-
tained or sought by the Secretary in connection with 
such actions described in paragraph (3). 
SEC. 6. SUNSET. 
This Act and the amendments made by this Act shall 
cease to be in effect on the date that is 5 years after the 
date of enactment of this Act. 
Æ 
VerDate Sep 11 2014 
01:59 Jan 18, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H5656.IH
H5656