I
106TH CONGRESS
1ST SESSION
H. R. 1380
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 13, 1999
Mr. BALLENGER (for himself, Mr. GOODLING, Ms. DUNN, Mrs. FOWLER, Mr.
STENHOLM, Mrs. ROUKEMA, Mr. DOOLEY of California, Mrs. MYRICK,
Mr. SHAYS, Ms. PRYCE of Ohio, Mr. CAMPBELL, Ms. GRANGER, Mrs.
NORTHUP, Mr. GREENWOOD, Mrs. CUBIN, Mrs. CHENOWETH, Mr. BAR-
RETT of Nebraska, Mrs. BONO, Mr. BOEHNER, Mrs. BIGGERT, Mr.
HOEKSTRA, Mr. MCKEON, Mr. SAM JOHNSON of Texas, Mr. TALENT,
Mr. GRAHAM, Mr. NORWOOD, Mr. SCHAFFER, Mr. DEAL of Georgia, Mr.
HILLEARY, Mr. KNOLLENBERG, Mr. LATHAM, Mr. CUNNINGHAM, Mr.
EHRLICH, Mr. PETERSON of Pennsylvania, Mr. BURR of North Carolina,
Mr. MILLER of Florida, Mr. BARTLETT of Maryland, Mr. GOODLATTE,
Mr. KOLBE, Mr. HANSEN, Mr. TAYLOR of North Carolina, Mr. COBLE,
Mr. WATKINS, Mr. RILEY, Mr. WELDON of Florida, Mr. SMITH of Michi-
gan, Mr. SPENCE, and Mr. HASTINGS of Washington) introduced the fol-
lowing bill; which was referred to the Committee on Education and the
Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to provide
compensatory time for employees in the private sector.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Working Families
Flexibility Act of 1999’’.
SEC. 2. COMPENSATORY TIME.
Section 7 of the Fair Labor Standards Act of 1938
(29 U.S.C. 207) is amended by adding at the end the fol-
lowing:
‘‘(r) COMPENSATORY TIME OFF FOR PRIVATE EM-
PLOYEES.—
‘‘(1) GENERAL RULE.—
‘‘(A) COMPENSATORY TIME OFF.—An em-
ployee may receive, in accordance with this sub-
section and in lieu of monetary overtime com-
pensation, 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 this section.
‘‘(B) DEFINITION.—For purposes of this
subsection, the term ‘employee’ does not include
an employee of a public agency.
‘‘(2) CONDITIONS.—An employer may provide
compensatory time to employees under paragraph
(1)(A) only if such time is provided in accordance
with—
‘‘(A) applicable provisions of a collective
bargaining agreement between the employer
and the labor organization which has been cer-
tified or recognized as the representative of the
employees under applicable law, or
‘‘(B) in the case of employees who are not
represented by a labor organization which has
been certified or recognized as the representa-
tive of such employees under applicable law, an
agreement arrived at between the employer and
employee before the performance of the work
and affirmed by a written or otherwise
verifiable record maintained in accordance with
section 11(c)—
‘‘(i) in which the employer has offered
and the employee has chosen to receive
compensatory time in lieu of monetary
overtime compensation; and
‘‘(ii) entered into knowingly and vol-
untarily by such employees and not as a
condition of employment.
No employee may receive or agree to receive com-
pensatory time off under this subsection unless the
employee has worked at least 1000 hours for the
employee’s employer during a period of continuous
employment with the employer in the 12 month pe-