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Just The Facts: The Working Families Flexibility Act Prohibits Worker Coercion

Right now the House Education and the Workforce Committee is considering the Working Families Flexibility Act of 2013 (H.R. 1406), a commonsense proposal that will help more Americans balance family and work.

Opponents of H.R. 1406 claim the proposal will allow employers to force workers to choose comp time instead of overtime pay. However, a quick look at the facts helps set the record straight:

FACT: The decision to use comp time is completely voluntary. An employee who prefers to receive cash payment for overtime hours worked is always free to do so.

FACT: H.R. 1406 explicitly prohibits an employer from “directly or indirectly intimidating, threatening, or coercing or attempting to intimidate, threaten, or coerce an employee” into taking or not taking comp time.

FACT: An employer who violates these anti-coercion provisions will be liable to the affected employee for ‘double damages,’ which includes both the amount of comp time owed and an equal amount in cash wages.

FACT: In addition to new provisions prohibiting coercion, H.R. 1406 ensures all existing enforcement remedies – including action by the U.S. Department of Labor – are available to workers if an employer fails to pay cash wages for overtime hours worked.

To learn more about the Working Families Flexibility Act of 2013, visit edworkforce.house.gov/YourTime.

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