Working Families Flexibility Act of 2013

Bill: 113-hr-1406
Sponsor: Rep. Roby, Martha [R-AL-2]
Introduced: 2013-04-09 in the House
Policy area: Labor and Employment
Subjects: Administrative remedies
Civil actions and liability
Congressional oversight
Department of Labor
Employee leave
Employment discrimination and employee rights
Government studies and investigations
Labor standards
Labor-management relations
Wages and earnings

Summary:
action_date: 2013-04-09
text: 
Working Families Flexibility Act of 2013 - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee.
 
Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year.
 
Requires an employer to give employees 30-day notice before discontinuing compensatory time off.
 
Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time.
 
Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used.

action_date: 2013-04-30
text: 
Working Families Flexibility Act of 2013 - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee.
 
Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year.
 
Requires an employer to give employees 30-day notice before discontinuing compensatory time off.
 
Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time.
 
Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used.

action_date: 2013-05-08
text: 
Working Families Flexibility Act of 2013 - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee.
 
Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year.
 
Requires an employer to give employees 30-day notice before discontinuing compensatory time off.
 
Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time.
 
Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used.
 
Directs the Comptroller General (GAO) to report to Congress on: (1) the extent to which employers provide compensatory time off and employees opt to receive it; (2) the number of complaints filed by an employee with the Secretary of Labor alleging a violation of the requirements as well as enforcement actions commenced by the Secretary on behalf of an aggrieved employee; (3) the disposition of such complaints and actions; and (4) any unpaid wages, damages, penalties, injunctive relief, or other remedies sought by the Secretary in connection with such actions.


Legislative actions:
action_date: 2013-05-09
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2013-05-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2013-05-08
text: On passage Passed by recorded vote: 223 - 204 (Roll no. 137).
action_date: 2013-05-08
text: Passed/agreed to in House: On passage Passed by recorded vote: 223 - 204 (Roll no. 137).
action_date: 2013-05-08
text: On motion to recommit with instructions Failed by recorded vote: 200 - 227 (Roll no. 136).
action_date: 2013-05-08
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2521)
action_date: 2013-05-08
text: DEBATE - The House proceeded with 10 minutes of debate on the Shea-Porter motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to ensure that employees could not be denied the use of compensatory time for the following purposes: (1) to attend medical appointments; (2) to care for a sick family member or if the employee is sick; or (3) to attend counseling or rehabilitation appointments for injuries sustained by the employee as a member of the Armed Forces. The motion would also prohibit employers who have been found to violate the Equal Pay Act of 1963 from replacing monetary overtime with compensatory time.
action_date: 2013-05-08
text: Ms. Shea-Porter moved to recommit with instructions to Education and the Workforce. (consideration: CR H2520-2521; text: CR H2520)
action_date: 2013-05-08
text: Considered as unfinished business. (consideration: CR H2519-2523)
action_date: 2013-05-08
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Gibson amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Courtney demanded the yeas and nays and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-08
text: DEBATE - Pursuant to the provisions of H.Res. 198, the House proceeded with 10 minutes of debate on the Gibson amendment.
action_date: 2013-05-08
text: DEBATE - The House proceeded with one hour of debate on H.R. 1406.
action_date: 2013-05-08
text: Rule provides for consideration of H.R. 1406 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
action_date: 2013-05-08
text: Considered under the provisions of rule H. Res. 198. (consideration: CR H2502-2522; text of measure as reported in House: CR H2502-2503)
action_date: 2013-05-07
text: Rule H. Res. 198 passed House.
action_date: 2013-05-06
text: Rules Committee Resolution H. Res. 198 Reported to House. Rule provides for consideration of H.R. 1406 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
action_date: 2013-04-30
text: Placed on the Union Calendar, Calendar No. 30.
action_date: 2013-04-30
text: Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 113-49.
action_date: 2013-04-30
text: Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 113-49.
action_date: 2013-04-17
text: Ordered to be Reported (Amended).
action_date: 2013-04-17
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-04-11
text: Committee Hearings Held.
action_date: 2013-04-09
text: Referred to the House Committee on Education and the Workforce.
action_date: 2013-04-09
text: Introduced in House
action_date: 2013-04-09
text: Introduced in House