Press Releases

To help workers who are struggling to balance the demands of work and family, Rep. Cathy McMorris Rodgers (R-WA) today introduced the Family-Friendly Workplace Act (H.R. 933), a bill that will eliminate barriers in federal law that prevent private sector workers from choosing more flexible work arrangements. McMorris Rodgers is a long-time advocate for working women and men and has proposed similar legislation in the past to ease federal restrictions on workplace flexibility.

Introduction of H.R. 933 comes just days after Congress marked the 16th anniversary of the Family and Medical Leave Act (FMLA), the landmark legislation that ensures workers can take leave from their jobs for the birth or adoption of a child, to care for oneself or a relative in case of illness, or for a number of other family or medical reasons.

“As a working mother, I know how important it is to find balance between work and family. The Family-Friendly Workplace Act removes obstacles that prevent working parents from spending time with their children or taking care of a sick relative,” said Rep. McMorris Rodgers.

“Federal laws governing our nation’s workplaces are meant to protect workers, not limit their options. Unfortunately, laws enacted in the 1930s and still on the books today simply don’t reflect the realities of the 21st century workplace,” said Rep. Howard P. “Buck” McKeon (R-CA), the top Republican on the Education and Labor Committee. “The Family-Friendly Workplace Act helps bring our laws up to speed with our new realities. It puts workers and employers back in control, giving them new options for a more flexible workplace that will benefit families and businesses alike.”

The Family-Friendly Workplace Act amends the Fair Labor Standards Act, a law enacted in 1938 that prohibits private sector employers from giving their employees the option of paid time off as compensation for working overtime hours. Private sector workers are denied this flexibility under federal law despite the fact that public sector employees have long enjoyed the flexibility of a “comp time” option.

H.R. 933 allows employers to offer employees the choice of paid time off in lieu of cash wages for overtime hours worked if the employee prefers to take compensatory time instead of overtime pay. However, an employee is always entitled to opt for overtime cash wages. An employee opting to take “comp time” receives paid time off at a rate of one-and-one-half hours of compensatory time per hour of “overtime” pay earned. For example, an employee working 48 hours in a week would receive either eight hours of pay at time-and-a-half or twelve hours of paid time off.

The bill includes strong protections for workers, including the requirement that there be a written agreement between the employer and the employee, entered into knowingly and voluntarily by the employee. Where the employee is represented by a union, the agreement to offer compensatory time must be part of the collective bargaining agreement negotiated between the union and the employer. A compensatory time agreement may not be made a condition of employment, and the legislation does not affect the 40-hour workweek or change the way overtime pay is calculated. Employees could accrue up to 160 hours of compensatory time each year, and an employer would be required to pay cash wages (i.e., “cash out”) any accrued, unused compensatory time at the end of each year. And above all else, employees would always have the right to receive cash wages for overtime worked.

For more information on Republican efforts to create a more family-friendly workplace, please visit the Education and Labor Committee Republican website.

 

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