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What They're Saying: Employers Support Enhanced Workplace Flexibility

Organizations representing the nation’s job creators are voicing support for the Working Families Flexibility Act of 2013 (H.R. 1406), legislation that would allow private-sector employers to offer employees the option of accruing paid time off or ‘comp time' for overtime hours worked. As detailed in letters sent to the committee, this commonsense proposal will help employers create a more flexible work environment that helps employees better balance work and family.  

America’s hospitals recognize and appreciate the compassion, hard work and dedication their employees demonstrate in caring for patients and communities...The ability to offer our employees more flexibility and control over their time…is important to health care providers.” – American Hospital Association

Flexibility in the workplace leads to a more productive and healthy work environment. However, current wage and hour laws prohibit private sector employers from offering non-exempt employees the option of paid time off… H.R. 1406 offers a reasonable solution for both employers and employees by extending this benefit to the private sector.” – Associated Builders and Contractors

“The legislation is in response to the many employees who are facing significant challenges as they struggle to negotiate between work, family and personal obligations. Employers in the construction industry need the flexibility to offer employment options that meet the needs of future employees.”Associated General Contractors of America 

“This legislation would amend the Fair Labor Standards Act (FLSA) to allow private-sector employers to offer the same compensatory time benefits as those offered to public employees, and includes provisions to prevent coercion and reduce unnecessary regulatory burdens on employers…. On behalf of the nation’s 825,000 franchise small businesses, which support nearly 18 million American jobs, I urge you to support this common-sense measure to provide employers and workers with greater flexibility.” – International Franchise Association  

It should be common sense for federal law to permit employers and employees to arrange flexible scheduling to help balance work and family obligations…H.R. 1406, introduced by Representative Martha Roby (R-AL), allows employees to choose between receiving time-and-a-half overtime pay or time off to help balance work, family and personal responsibilities, and enables businesses to offer their employees a voluntary, creative and family-friendly solution to 21st century realities.” – National Council of Chain Restaurants  

“NFIB strongly supports legislation to remove obstacles that prevent employers from providing increased flexibility to their employees. This legislation would allow employees the choice of taking time-and-a-half compensatory time as payment for overtime. H.R. 1406 is a family-friendly, commonsense piece of legislation that is a win-win for employers and employees.” – National Federation of Independent Business 

Since small business creates more than 70% of today’s jobs, the ability for small employers to give their workers more flexibility by providing them with the choice of overtime pay or compensatory time to ease the burdens of juggling work and personal responsibilities in a fluctuating business cycle is critical…NFDA strongly supports H.R. 1406 which would allow any employer to make compensatory time available as an option for any and all employees regardless of their status under the Wage and Hour law and regulations.” – National Funeral Directors Association  

“Today, employees face significant challenges as they negotiate work, family and personal obligations… The Working Families Flexibility Act would allow employers who choose so, to offer even greater flexibility to their employees, by giving employees the voluntary choice of taking overtime as a cash payment, or in the form of paid leave.” – National Restaurant Association 

“The passage of legislation that would allow for the option of paid time off instead of compensation for overtime work would be beneficial to everyone in the workforce. NRF believes the bill would create a mechanism for allowing flexibility in the workplace for those who need, and want, paid time off in lieu of cash for overtime work. This is a privilege that many federal, state and local governments are able to offer their workers and it is time for the private sector to have those same options.”– National Retail Federation 

“As the employers of millions of Americans, our members fully support offering workplace flexibility. Retail employees are constantly faced with the significant challenge of trying to find a balance between the demands of work, family, and personal responsibilities. Employers are increasingly interested in options that will help employees better manage their personal obligations. The legislation would help employers to provide such flexibility.” – Retail Industry Leaders Association

Employees in the 21st century workplace desire more workplace flexibility options to better meet work-life needs. H.R. 1406 would provide an additional option to private sector employees, giving them more control over their work and life by giving them a choice of paid time off or overtime payments.” – Society for Human Resource Management

In a separate letter, the organizations below highlighted the importance of providing private-sector workers the same benefits their public-sector counterparts have long enjoyed:  

American Hotel & Lodging Association
Associated Builders and Contractors
Associated General Contractors
College and University Professional Association for Human Resources
Food Marketing Institute
Independent Electrical Contractors
International Foodservice Distributors Association
International Franchise Association
National Association of Manufacturers
National Association of Wholesaler-Distributors
National Council of Chain Restaurants
National Federation of Independent Business
National Retail Federation
National Roofing Contractors Association
Printing Industries of America
Retail Industry Leaders Association
Society for Human Resource Management
U.S. Chamber of Commerce 

Employers are increasingly interested in offering workplace flexibility options to help employees address their work-life needs. Unfortunately, rigid, out of date, wage and hour laws currently prohibit private sector employers from offering non-exempt employees the option of paid time off in lieu of overtime payments, even though this option has existed in the public sector for more than 25 years. H.R. 1406 would simply extend to the private sector a benefit that has long been enjoyed by government employees.”

To learn more about the Working Families Flexibility Act of 2013, visit

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