IB 
Union Calendar No. 58 
115TH CONGRESS 
1ST SESSION H. R. 1180 
[Report No. 115–101] 
To amend the Fair Labor Standards Act of 1938 to provide compensatory 
time for employees in the private sector. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2017 
Mrs. ROBY introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
APRIL 28, 2017 
Additional sponsors: Mr. BYRNE, Mr. GROTHMAN, Mrs. COMSTOCK, Mr. ROE 
of Tennessee, Ms. STEFANIK, Mr. GOODLATTE, Mr. SESSIONS, Mr. 
WEBER of Texas, Mr. GUTHRIE, Mr. WILSON of South Carolina, Mr. 
FERGUSON, Ms. FOXX, Mr. SMUCKER, Mr. BROOKS of Alabama, Mr. 
ROKITA, Ms. MCSALLY, and Mr. SMITH of Nebraska 
APRIL 28, 2017 
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 February 16, 2017] 
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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 2017’’. 
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) 
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 
recognized as the representative of the employees 
under applicable law; or 
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‘‘(B) in the case of an employee who is not 
represented by a labor organization that has 
been certified or recognized as the representative 
of such employee under applicable law, an agree-
ment arrived at between the employer and em-
ployee before the performance of the work and af-
firmed 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 employee 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. 
‘‘(3) HOUR LIMIT.— 
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‘‘(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-
ployer that has adopted a policy offering com-
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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 an employee shall not directly or indi-
rectly intimidate, threaten, or coerce or attempt to in-
timidate, 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 earned by such 
employee when the compensatory time was 
accrued; or 
‘‘(ii) the regular rate earned by such 
employee at the time such employee received 
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— 
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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. GAO REPORT. 
Beginning 2 years after the date of enactment of this 
Act and each of the 3 years thereafter, the Comptroller Gen-
eral of the United States shall submit a report to Congress 
providing, with respect to the reporting period immediately 
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 employees 
opt to receive compensatory time; 
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(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). 
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. 
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Union Calendar No. 58 
115TH CONGRESS 
1ST SESSION 
H. R. 1180 
[Report No. 115–101] 
A BILL 
To amend the Fair Labor Standards Act of 1938 
to provide compensatory time for employees in 
the private sector. 
APRIL 28, 2017 
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 Sep 11 2014 
20:45 Apr 28, 2017
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