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Byrne Statement: Markup of H.R. 1180, the "Working Families Flexibility Act of 2017"


This bill is about empowering workers and families. It’s about giving moms and dads more flexibility to meet the demands of work and raising a family. And it’s about taking power out of Washington and putting it into the hands of individuals.

For decades, Congress has tried to provide private-sector workers with the same flexible benefits enjoyed by public-sector workers. And as Chairwoman Foxx mentioned, even former President Bill Clinton supported an effort to allow private-sector workers to choose between paid time off and cash wages as compensation for overtime.

The first proposal was introduced in the 1990s, but it has gone through significant changes since then. Democrats and labor unions raised concerns that private-sector workers needed stronger protections than public-sector workers. Republicans listened, and ample changes have been made over the years to enhance safeguards for workers.

The bill would ensure the decision to receive comp time is completely voluntary. For example, the bill requires a written agreement between each worker and their employer — a provision backed by then-President Clinton. If the employee changes his or her mind, they can switch to receiving cash wages whenever they choose.

Workers have control over when to use their comp time. Employees can use their paid time off as long as reasonable notice is given and the request doesn’t unduly disrupt the workplace. This is the same commonsense standard used in the public sector. It’s the same standard used under the Family and Medical Leave Act. And I imagine it’s the same standard used in each of our congressional offices.

In the past, Democrats expressed concerns that workers would accrue too much comp time. Once again, Republicans listened and set the maximum accrual at 160 hours, which is less than what’s allowed in the public sector. Additionally, employees have the right to cash out their comp time at any time for any reason. If they have any unused hours at the end of the year, they would receive a cash payment.

Democrats have also voiced the need to protect collective-bargaining agreements, which is why this bill requires both the employer and the union to agree on comp time.

Some feared workers would be forced to accept comp time instead of cash wages. But this bill explicitly prohibits intimidation, threats, or coercion in any form. Employers who take advantage of their employees would face the same penalties as they would for other wage violations.

Employers found in violation of the law would be liable for double damages and any attorney fees incurred by the employee. As is the case with any overtime violations, employees also have the right to file a charge through the Department of Labor at no cost. As a labor attorney who has worked with employers on these issues for years, I can say that no sensible employer would take advantage of an employee and risk double damages, exorbitant attorney fees, and a legal battle with the federal government.

This is a very thoughtful proposal that is carefully drafted to protect the rights of workers. It strikes an important balance between putting workers in control and ensuring employers can successfully offer more flexibility to their employees.

To members who are still skeptical, please know this legislation reflects President Clinton’s recommendation to include a sunset provision. Five years from now, Congress would have to pass this legislation again. Before the sunset, Members would receive a report from the Government Accountability Office on the impact of comp time. We will have the opportunity to review the real-world effect of this legislation and make any changes if needed.

All we are trying to do here is give workers a choice. Policies written in the 1930s that are out of step with the needs of the 21st century workforce shouldn’t stand in the way of flexibility for workers and their families. Neither should so-called progressives who have had their concerns answered and addressed.

The substitute amendment I am offering makes technical changes to the underlying bill. I urge all of my colleagues to support the Working Families Flexibility Act of 2017, and I yield back the balance of my time.

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