House Republicans are pushing legislation that would allow employers to offer comp time or paid time off instead of paying workers overtime. It is part of a broader effort to loosen workplace regulations, which were substantially tightened under former President Barack Obama’s administration.
The House Education and the Workforce Committee held a hearing Wednesday on the Working Families Flexibility Act, legislation that would amend the Fair Labor Standards Act to allow private-sector workers to receive compensatory time off at a rate of at least one and one-half hours for each hour of employment for which overtime compensation is required. The option would become available once the employee has worked 1,000 hours for his employer.
Rep. Bradley Byrne, R-Ala., chairman of the subcommittee on worker protections, stressed that public-sector employers already have the option. He argued that it made little sense not to extend the option to all workers. “Under federal law, it is still illegal to extend the same benefits to private-sector employees who are eligible for overtime pay. This isn’t right, and it isn’t fair. Private-sector workers should be afforded the same freedom to do what’s best for themselves and their families. For many Americans working paycheck to paycheck, earning some additional income is the choice that’s best for them. But the federal government shouldn’t assume that’s the best choice for everyone,” he said.
Democrats scorned the proposal, saying that it would be exploited by unscrupluous employers. “This legislation plays a cruel trick on cash-strapped and time-strapped workers by forcing them to give up time with their families in the hope that they might eventually be able to take time off — if it is convenient to their employer,” said Rep. Mark Takano, D-Calif.
Business groups countered that the choice would remain with the worker. “The bill explicitly prohibits employers from trying to ‘intimidate, threaten, or coerce’ any employee regarding their rights to choose or not to choose to take the comp time option, or their right to use banked comp time,” said Leonard Court, a lawyer representing the Chamber of Commerce.
