IB 
Union Calendar No. 422 
119TH CONGRESS 
2D SESSION 
H. R. 2870 
[Report No. 119–496] 
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 10, 2025 
Mrs. MILLER of Illinois introduced the following bill; which was referred to 
the Committee on Education and Workforce 
FEBRUARY 12, 2026 
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 10, 2025] 
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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 2025’’. 
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: 
‘‘(t) COMPENSATORY TIME OFF FOR PRIVATE EMPLOY-
EES.— 
‘‘(1) GENERAL RULE.— 
‘‘(A) IN GENERAL.—During the 5-year pe-
riod beginning on the date of enactment of the 
Working Families Flexibility Act of 2025, an 
employee described in subparagraph (B) may re-
ceive, in accordance with this subsection and in 
lieu of monetary overtime compensation, com-
pensatory 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) ELIGIBLE
EMPLOYEE.—An employee 
described in this subparagraph is an employee 
who— 
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‘‘(i) is not an employee of a public 
agency; and 
‘‘(ii) works at least 1,000 hours for the 
employee’s employer during a period of con-
tinuous employment with the employer in 
the 12-month period ending on the date— 
‘‘(I) on which the agreement 
under paragraph (2)(B) is entered into 
by the employee and the employee’s 
employer; or 
‘‘(II) of receipt of compensatory 
time off under this subsection. 
‘‘(2) CONDITIONS.—An employer (other than an 
employer that is a public agency subject to subsection 
(o)) may provide compensatory time to employees 
under this subsection 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 
‘‘(B) in the case of employees who are not 
represented by a labor organization that has 
been certified or recognized as the representative 
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of such employees under applicable law, an 
agreement arrived at between the employer and 
such an 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 employee and not as a 
condition of employment. 
‘‘(3) HOUR LIMIT.— 
‘‘(A) MAXIMUM HOURS.—An employee may 
accrue not more than 160 hours of compensatory 
time under this subsection. 
‘‘(B) COMPENSATION DATE.— 
‘‘(i) IN GENERAL.—An employer shall 
provide to the employee, not later than 31 
days after a covered period, monetary com-
pensation for any unused compensatory 
time accrued during such covered period. 
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‘‘(ii) COVERED PERIOD.—For the pur-
poses of clause (i), a covered period 
means— 
‘‘(I) a calendar year; or 
‘‘(II) another 12-month period de-
termined by the employer and commu-
nicated to the employees of the em-
ployer. 
‘‘(C) EXCESS OF 80 HOURS.—An employer 
may provide monetary compensation for the em-
ployee’s unused compensatory time in excess of 
80 hours at any time after giving the employee 
at least 30 days notice of the provision of such 
monetary compensation. Such compensation 
shall be provided at the rate prescribed by para-
graph (6). 
‘‘(D) DISCONTINUATION OF COMPENSATORY 
TIME
POLICY.—Except where a collective bar-
gaining agreement provides otherwise, an em-
ployer that offers employees compensatory time 
in accordance with this subsection may, upon 
giving the employees notice of at least 30 days, 
stop offering such compensatory time and pro-
vide monetary compensation to each employee 
with accrued compensatory time that has not yet 
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been used for all such accrued, unused compen-
satory time. Such compensation shall be pro-
vided at the rate prescribed by paragraph (6). 
‘‘(E) WRITTEN REQUESTS.— 
‘‘(i) IN GENERAL.—An employee who 
has an agreement described in paragraph 
(2)(B) with an employer may, in writing, 
at any time— 
‘‘(I) withdraw from such agree-
ment; or 
‘‘(II) request that monetary com-
pensation be provided for all compen-
satory time accrued that has not yet 
been used. 
‘‘(ii) MONETARY COMPENSATION.—Not 
later than 30 days of receiving a written re-
quest as described in clause (i)(II), the em-
ployer shall provide the employee the mone-
tary compensation due in accordance with 
paragraph (6). 
‘‘(4) PRIVATE
EMPLOYER
ACTIONS.—An em-
ployer that provides compensatory time under this 
subsection to employees shall not directly or indirectly 
intimidate, threaten, or coerce or attempt to intimi-
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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 
‘‘(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 this subsection 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 under this subsection, such com-
pensation shall be paid at a rate of compensa-
tion not less than— 
‘‘(i) the regular rate received by such 
employee when the compensatory time was 
earned; or 
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