104TH CONGRESS
2D SESSION
H. R. 2391
AN ACT
To amend the Fair Labor Standards Act of 1938
to provide compensatory time for all employees.
104TH CONGRESS
2D SESSION
H. R. 2391
AN ACT
To amend the Fair Labor Standards Act of 1938 to provide
compensatory time for all employees.
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 1996’’.
SEC. 2. COMPENSATORY TIME.
Subsection (o) of section 7 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 207) is amended—
(1) by striking paragraphs (1) through (5) and
inserting the following:
‘‘(1) An employee may receive, in accordance with
this subsection 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.
‘‘(2) An employer may provide compensatory time
under paragraph (1) only—
‘‘(A) pursuant to—
‘‘(i) applicable provisions of a collective
bargaining agreement, memorandum of under-
standing, or any other agreement between the
employer and representatives of such employees,
or
‘‘(ii) in the case of employees who are not
represented by a collective bargaining agent or
other representative designated by the em-
ployee, an agreement or understanding arrived
at between the employer and employee before
the performance of the work if such agreement
or understanding was entered into knowingly
and voluntarily by such employee;
‘‘(B) in the case of an employee who is not an
employee of a public agency, if such employee has
affirmed, in a written or otherwise verifiable state-
ment that is made, kept, and preserved in accord-
ance with section 11(c), that the employee has cho-
sen to receive compensatory time in lieu of overtime
compensation; and
‘‘(C) if the employee has not accrued compen-
satory time in excess of the limit applicable to the
employee prescribed by paragraph (4) or (5).
In the case of employees described in subparagraph (A)(ii)
who are employees of a public agency and who were hired
before April 15, 1986, the regular practice in effect on
such date with respect to compensatory time off for such
employees in lieu of the receipt of overtime compensation,
shall constitute an agreement or understanding described
in such subparagraph. Except as provided in the preceding
sentence, the provision of compensatory time off to em-
ployees of a public agency for hours worked after April
14, 1986, shall be in accordance with this subsection. An
employer may provide compensatory time under para-
graph (1) to an employee who is not an employee of a
public agency only if such agreement or understanding
was not a condition of employment.
‘‘(3) An employer which is not a public agency and
which provides compensatory time under paragraph (1) to
employees shall not directly or indirectly intimidate,
threaten, or coerce or attempt to intimidate, threaten, or
coerce any employee for the purpose of—
‘‘(A) interfering with such employee’s rights
under this subsection to request or not request com-
pensatory time off in lieu of payment of overtime
compensation for overtime hours; or
‘‘(B) requiring any employee to use such com-
pensatory time.
‘‘(4)(A) An employee, who is not an employee of a
public agency, may accrue not more than 240 hours of
compensatory time.
‘‘(B)(i) Not later than January 31 of each calendar
year, the employee’s employer shall provide monetary com-
pensation for any compensatory time off accrued during
the preceding calendar year which was not used prior to
December 31 of the preceding year at the rate prescribed
by paragraph (6). An employer may designate and com-
municate 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.
‘‘(ii) The employer may provide monetary compensa-
tion for an employee’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).
‘‘(iii) An employer which has adopted a policy offer-
ing compensatory time to employees may discontinue such
policy upon giving employees 30 days notice. An employee
who is not an employee of a public agency may withdraw
an agreement or understanding described in paragraph
(2)(A)(ii) at any time.
‘‘(C) An employee may also request in writing that
monetary compensation be provided, at any time, for all
compensatory time accrued which has not yet been used.
Within 30 days of receiving the written request, the em-
ployer shall provide the employee the monetary compensa-
tion due in accordance with paragraph (6).
‘‘(5)(A) If the work of an employee of a public agency
for which compensatory time may be provided included
work in a public safety activity, an emergency response
activity, or a seasonal activity, the employee engaged in
such work may accrue not more than 480 hours of com-
pensatory time for hours worked after April 15, 1986. If