IB 
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 Com-
mittee 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 Caro-
lina, 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. ROG-
ERS of Kentucky, Mr. BOUSTANY, Mr. ALEXANDER, Mr. GRAVES of Mis-
souri, 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 Michi-
gan, Mr. CHAFFETZ, Mr. HENSARLING, Mr. FARENTHOLD, Mr. WEST-
MORELAND, 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 Indi-
ana, 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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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 Flexi-
bility Act of 2013’’. 
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: 
‘‘(s) COMPENSATORY TIME OFF FOR PRIVATE EM-
PLOYEES.— 
‘‘(1) GENERAL RULE.—An employee may receive, 
in accordance with this subsection and in lieu of 
monetary overtime compensation, compensatory time 
off at a rate not less than one and one-half hours for 
each hour of employment for which overtime com-
pensation is required by this section. 
‘‘(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 that has been certified or 
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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 that has 
been certified or recognized as the representative 
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 com-
pensatory 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 compen-
satory time off under this subsection unless the em-
ployee has worked at least 1,000 hours for the employ-
ee’s employer during a period of continuous employ-
ment with the employer in the 12-month period before 
the date of agreement or receipt of compensatory time 
off. 
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‘‘(3) HOUR LIMIT.— 
‘‘(A) MAXIMUM HOURS.—An employee may 
accrue not more than 160 hours of compensatory 
time. 
‘‘(B) COMPENSATION DATE.—Not later than 
January 31 of each calendar year, the employee’s 
employer shall provide monetary compensation 
for any unused compensatory time off accrued 
during the preceding calendar year that was not 
used prior to December 31 of the preceding year 
at the rate prescribed by paragraph (6). An em-
ployer may designate and communicate to the 
employer’s employees a 12-month period other 
than the calendar year, in which case such com-
pensation shall be provided not later than 31 
days after the end of such 12-month period. 
‘‘(C) EXCESS OF 80 HOURS.—The employer 
may provide monetary compensation for an em-
ployee’s unused compensatory time in excess of 
80 hours at any time after giving the employee 
at least 30 days notice. Such compensation shall 
be provided at the rate prescribed by paragraph 
(6). 
‘‘(D) POLICY.—Except where a collective 
bargaining agreement provides otherwise, an em-
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ployer that has adopted a policy offering com-
pensatory time to employees may discontinue 
such policy upon giving employees 30 days no-
tice. 
‘‘(E) WRITTEN
REQUEST.—An employee 
may withdraw an agreement described in para-
graph (2)(B) at any time. An employee may also 
request in writing that monetary compensation 
be provided, at any time, for all compensatory 
time accrued that has not yet been used. Within 
30 days of receiving the written request, the em-
ployer shall provide the employee the monetary 
compensation due in accordance with paragraph 
(6). 
‘‘(4) PRIVATE
EMPLOYER
ACTIONS.—An em-
ployer that provides compensatory time under para-
graph (1) to employees shall not directly or indirectly 
intimidate, threaten, or coerce or attempt to intimi-
date, threaten, or coerce any employee for the purpose 
of— 
‘‘(A) interfering with such employee’s rights 
under this subsection to request or not request 
compensatory time off in lieu of payment of 
monetary overtime compensation for overtime 
hours; or 
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‘‘(B) requiring any employee to use such 
compensatory time. 
‘‘(5) TERMINATION OF EMPLOYMENT.—An em-
ployee who has accrued compensatory time off author-
ized to be provided under paragraph (1) shall, upon 
the voluntary or involuntary termination of employ-
ment, 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 received by such 
employee when the compensatory time was 
earned; or 
‘‘(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— 
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‘‘(A) who has accrued compensatory time off 
authorized to be provided under paragraph (1); 
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— 
‘‘(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 meanings 
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 sub-
section (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 
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of compensation (determined in accordance with section 
7(s)(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, to em-
ployers for purposes of a notice explaining the Fair Labor 
Standards Act of 1938 to employees so that such notice re-
flects the amendments made to such Act by this Act. 
SEC. 5. SUNSET. 
This Act and the amendments made by this Act shall 
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 
to provide compensatory time for employees in 
the private sector. 
APRIL 30, 2013 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Mar 15 2010 
21:56 Apr 30, 2013
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PO 00000
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