II 
115TH CONGRESS 
1ST SESSION H. R. 1180 
IN THE SENATE OF THE UNITED STATES 
MAY 3, 2017 
Received 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Working Families 
Flexibility 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 re-
ceive, 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 over-
time compensation 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 cer-
tified or recognized as the representative of the 
employees under applicable law; or 
‘‘(B) in the case of an employee who is not 
represented by a labor organization that has 
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been certified or recognized as the representa-
tive of such employee 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 employee 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 1,000 hours for the 
employee’s employer during a period of continuous 
employment with the employer in the 12-month pe-
riod before the date of agreement or receipt of com-
pensatory time off. 
‘‘(3) HOUR LIMIT.— 
‘‘(A) MAXIMUM
HOURS.—An employee 
may accrue not more than 160 hours of com-
pensatory time. 
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‘‘(B) COMPENSATION
DATE.—Not later 
than January 31 of each calendar year, the em-
ployee’s employer shall provide monetary com-
pensation for any unused compensatory time off 
accrued during the preceding calendar year that 
was not used prior to December 31 of the pre-
ceding year at the rate prescribed by paragraph 
(6). An employer may designate and commu-
nicate to the employer’s employees a 12-month 
period other than the calendar year, in which 
case such compensation shall be provided not 
later than 31 days after the end of such 12- 
month period. 
‘‘(C) EXCESS
OF
HOURS.—The em-
ployer may provide monetary compensation for 
an employee’s unused compensatory time in ex-
cess of 80 hours at any time after giving the 
employee at least 30 days notice. Such com-
pensation shall be provided at the rate pre-
scribed by paragraph (6). 
‘‘(D) POLICY.—Except where a collective 
bargaining agreement provides otherwise, an 
employer that has adopted a policy offering 
compensatory time to employees may dis-
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continue such policy upon giving employees 30 
days notice. 
‘‘(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 com-
pensation be provided, at any time, for all com-
pensatory time accrued that has not yet been 
used. Within 30 days of receiving the written 
request, the employer shall provide the em-
ployee the monetary compensation due in ac-
cordance 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 
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 compensatory time off in lieu of pay-
ment of monetary overtime compensation for 
overtime hours; or 
‘‘(B) requiring any employee to use such 
compensatory time. 
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‘‘(5) TERMINATION OF EMPLOYMENT.—An em-
ployee who has accrued compensatory time off au-
thorized to be provided under paragraph (1) shall, 
upon the voluntary or involuntary termination of 
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— 
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