Federal - HR 1180

A bill to amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector.

Introduced

February 16, 2017

Description

A bill to amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector.

Our Position

Oppose

Original Sponsor 1

Co-Sponsors 17

Latest Actions See More/Less

  • May 3, 2017T. Reed, R-N.Y., House speech: Personal explanation for roll call vote no.244, and would have voted yea if present. Congressional Record p. E595

  • May 3, 2017 — Received in the Senate and held at the desk. Congressional Record p. S2720

  • May 2, 2017Slaughter, D-N.Y., House speech: Personal explanation for roll call vote no.244, and would have voted nay if present. Congressional Record p. H3051

  • May 2, 2017Slaughter, D-N.Y., House speech: Personal explanation for roll call vote no.241, and would have voted nay if present. Congressional Record p. H3051

  • May 2, 2017Slaughter, D-N.Y., House speech: Personal explanation for roll call vote no.240, and would have voted nay if present. Congressional Record p. H3051

  • May 2, 2017Slaughter, D-N.Y., House speech: Personal explanation for roll call vote no.243, and would have voted yea if present. Congressional Record p. H3051

  • May 2, 2017Grothman, R-Wis., House speech: Personal explanation for roll call vote no.241, and would have voted yea if present. Congressional Record p. H3026

  • May 2, 2017House Vote 244 Compensatory Time — Passage
    Passage of the bill that would allow private-sector employers to provide non-exempt employees compensatory time off at a rate of 1.5 hours per hour of overtime work. To be eligible, employees would be required to have worked at least 1,000 hours in a 12-month period. Employees would be limited to 160 hours of compensatory time and employers would be required to provide monetary compensation by Jan. 31, for any unused compensatory time accrued during the preceding year. The bill's provisions would sunset five years after enactment. Passed 229-197. Note: A "yea" was a vote in support of the president's position. Congressional Record p. H3049-H3050

  • May 2, 2017House Vote 243 Compensatory Time — Recommit
    Scott, D-Va., motion to recommit the bill to the House Education and the Workforce Committee with instructions to report it back immediately with an amendment that would exempt from the bill's provisions employees who receive seven or more sick days from their employer. Motion rejected 192-234. Congressional Record p. H3048-H3049

  • May 2, 2017 — Considered by the House. Congressional Record p. H3038-H3050

  • May 2, 2017House Vote 241 Compensatory Time, Same-Day and Suspension Authority — Rule
    Adoption of the rule (H Res 299) that would provide for House floor consideration of the bill (HR 1180) that would allow private-sector employers to provide non-exempt employees compensatory time off at a rate of 1.5 hours per hour of overtime work. It would waive, through the legislative day of May 5, 2017, the two-thirds vote requirement to consider legislation on the same day it is reported from the House Rules Committee. It also would provide for consideration of measures under suspension of the rules on the legislative days of May 4 and May 5, 2017. Adopted 231-193. Congressional Record p. H3025-H3026

  • May 2, 2017House Vote 240 Compensatory Time, Same-Day and Suspension Authority — Previous Question
    Byrne, R-Ala., motion to order the previous question (thus ending debate and possibility of amendment) on the rule (H Res 299) that would provide for House floor consideration of the bill (HR 1180) that would allow private-sector employers to provide non-exempt employees compensatory time off at a rate of 1.5 hours per hour of overtime work. It would waive, through the legislative day of May 5, 2017, the two-thirds vote requirement to consider legislation on the same day it is reported from the House Rules Committee. It also would provide for consideration of measures under suspension of the rules on the legislative days of May 4 and May 5, 2017. Motion agreed to 233-190. Congressional Record p. H3024-H3025

  • May 1, 2017 — Rules Committee resolution, H Res 299, reported to the House as a rule for HR 1180.

  • May 1, 2017 — House Rules Committee granted a closed rule providing for consideration of the bill. Congressional Record p. H2987

  • May 1, 2017 — Full committee proceeding held by the House Rules Committee.

  • April 28, 2017 — Reported to the House amended by the House Education and the Workforce Committee and placed on the Union Calendar. H Rept 115-101Congressional Record p. H2970

  • April 28, 2017 — Additional cosponsor(s): 1

    Smith, Adrian (R-Neb.)
  • April 27, 2017 — Additional cosponsor(s): 2

    McSally, (R-Ariz.)Rokita, (R-Ind.)
  • April 26, 2017 — Full committee consideration and markup held by the House Education and the Workforce Committee.

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Overtime Requirements
      Takano, D-Calif. —

    Amendment to the Byrne, R-Ala., substitute amendment that would regularly adjust the Fair Labor Standards Act for inflation every three years.

    It also would amend the definition of a bona fide executive, administrative or professional capacity, or in the capacity of outside sales man as someone who is compensated with a salary or fee basis that is in the 90th percentile of full-time non-hourly workers nationally, or a salary or fee basis not less than the 40th percentile of weekly earnings of full-time non-hourly workers in the lowest wage Census Region.

    It also would adjust the salary level of those who are required to receive overtime pay to any workers making less than $913 per week.

    Amendment to the Byrne, R-Ala., substitute amendment that would regularly adjust the Fair Labor Standards Act for inflation every three years.

    It also would amend the definition of a bona fide executive, administrative or professional capacity, or in the capacity of outside sales man as someone who is compensated with a salary or fee basis that is in the 90th percentile of full-time non-hourly workers nationally, or a salary or fee basis not less than the 40th percentile of weekly earnings of full-time non-hourly workers in the lowest wage Census Region.

    It also would adjust the salary level of those who are required to receive overtime pay to any workers making less than $913 per week.

    Ruled not germane. Note: <p>Roe, R-Tenn.,raised a point of order that the rule is not germane.</p>

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Scheduling Rights
      DeSaulnier, D-Calif. —

    Amendment to the Byrne, R-Ala., substitute amendment that would allow an employee to request a change in the number of hours they are required to work; the times when they are on call for work; the location they work, the amount of notification an employer gives them of their work schedule and minimizing the fluctuations in the number of hours the employee is scheduled to work on a daily, weekly or monthly basis.

    The amendment also would require the employer to engage in a good faith process to meet the employees need. It would require employers to have a bona fide business reason for denying the request if it pertains to an employees serious health condition, role as a caregiver, enrollment in a career-related education or training program, or if it pertains to a part-time employees second job.

    It would define a bona fide business reason is defined by the amendment as an identifiable burden of an additional cost to an employer, such as productivity loss, retraining or hiring new employees, or transferring employees, or a significant effect on business performance, or the employers ability to meet organizational needs or customer demand. It also would consider as a bona fide business reason, the inability of the employer, despite best efforts, to reorganize work among existing staff or any other reason specified by the Labor secretary.

    It would require an employer to pay retail, food service, and cleaning employees, or employees designed by the Labor secretary, at least four hours of work on days they report for work, even if they are given less than four hours of work. If an employee was schedule to work less than four hours, it would require that they be given pay for the number of hours they were scheduled for.

    It would require employers to pay workers one hours worth of pay for each day the employee has specific instructions to contact the employer less than 24 hours in advance of starting an assigned shift, and on days an employee works a split shift.

    It also would require employers to inform in writing the work schedule of new retail, food service, cleaning or designated employees, as well as the minimum hours the employee will be expected to work per month. If the work schedule changes, it would require that employees be notified 14 days in advance.

    It would require the employee to provide an extra hour to pay to a worker whose shift was changed with less than 24 hours notice, unless it was due to an unforeseen availability of the employee.

    It would prohibit employers from discriminating against an employee for exercising their rights under the bill, or firing a worker who has filed a charge, given information or testified in relation to an inquiry under the bill.

    It would require employers to keep posted, in conspicuous places on the work premises, a notice prepared or approved by the Labor secretary explaining the bill. If an employer is found to have violated this provision, the employer would be fined up to $100 for each offense.

    It also would require all related agencies to update provision and standards in accordance with the amendment.

    Amendment to the Byrne, R-Ala., substitute amendment that would allow an employee to request a change in the number of hours they are required to work; the times when they are on call for work; the location they work, the amount of notification an employer gives them of their work schedule and minimizing the fluctuations in the number of hours the employee is scheduled to work on a daily, weekly or monthly basis.

    The amendment also would require the employer to engage in a good faith process to meet the employees need. It would require employers to have a bona fide business reason for denying the request if it pertains to an employees serious health condition, role as a caregiver, enrollment in a career-related education or training program, or if it pertains to a part-time employees second job.

    It would define a bona fide business reason is defined by the amendment as an identifiable burden of an additional cost to an employer, such as productivity loss, retraining or hiring new employees, or transferring employees, or a significant effect on business performance, or the employers ability to meet organizational needs or customer demand. It also would consider as a bona fide business reason, the inability of the employer, despite best efforts, to reorganize work among existing staff or any other reason specified by the Labor secretary.

    It would require an employer to pay retail, food service, and cleaning employees, or employees designed by the Labor secretary, at least four hours of work on days they report for work, even if they are given less than four hours of work. If an employee was schedule to work less than four hours, it would require that they be given pay for the number of hours they were scheduled for.

    It would require employers to pay workers one hours worth of pay for each day the employee has specific instructions to contact the employer less than 24 hours in advance of starting an assigned shift, and on days an employee works a split shift.

    It also would require employers to inform in writing the work schedule of new retail, food service, cleaning or designated employees, as well as the minimum hours the employee will be expected to work per month. If the work schedule changes, it would require that employees be notified 14 days in advance.

    It would require the employee to provide an extra hour to pay to a worker whose shift was changed with less than 24 hours notice, unless it was due to an unforeseen availability of the employee.

    It would prohibit employers from discriminating against an employee for exercising their rights under the bill, or firing a worker who has filed a charge, given information or testified in relation to an inquiry under the bill.

    It would require employers to keep posted, in conspicuous places on the work premises, a notice prepared or approved by the Labor secretary explaining the bill. If an employer is found to have violated this provision, the employer would be fined up to $100 for each offense.

    It also would require all related agencies to update provision and standards in accordance with the amendment.

    Ruled not germane. Note: <p>Thompson, R-Pa., raised a point of order that the amendment was not germane.</p>

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Motion to Table
    G. Thompson, R-Pa. —

    Motion to table the Scott, D-Va., motion to appeal the ruling of the chairman that the DeSaulnier, D-Calif., amendment to the Byrne, R-Ala., substitute amendment was not germane. The DeSaulnier amendment would allow an employee to request a change in the number of hours they are required to work; the times when they are on call for work; the location they work, the amount of notification an employer gives them of their work schedule and minimizing the fluctuations in the number of hours the employee is scheduled to work on a daily, weekly or monthly basis.

    Motion to table the Scott, D-Va., motion to appeal the ruling of the chairman that the DeSaulnier, D-Calif., amendment to the Byrne, R-Ala., substitute amendment was not germane. The DeSaulnier amendment would allow an employee to request a change in the number of hours they are required to work; the times when they are on call for work; the location they work, the amount of notification an employer gives them of their work schedule and minimizing the fluctuations in the number of hours the employee is scheduled to work on a daily, weekly or monthly basis.

    Agreed to by voice vote.

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Sick Days
      Blunt Rochester, D-Del. —

    Amendment to the Byrne, R-Ala., substitute amendment that would require employers to allow workers to earn seven paid days of sick leave to take as needed.

    Amendment to the Byrne, R-Ala., substitute amendment that would require employers to allow workers to earn seven paid days of sick leave to take as needed.

    Rejected 16-22.

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Non-Discrimination Agreement
      Shea-Porter, D-N.H. —

    Amendment to the Byrne, R-Ala., substitute amendment that would stipulate that employers cannot discriminate when assigning extra shifts and overtime work between workers receiving overtime pay and workers receiving compensatory time.

    Amendment to the Byrne, R-Ala., substitute amendment that would stipulate that employers cannot discriminate when assigning extra shifts and overtime work between workers receiving overtime pay and workers receiving compensatory time.

    Rejected 16-22.

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Interest on Overtime Pay
      Bonamici, D-Ore. —

    Amendment to the Byrne, R-Ala., substitute amendment that would require employers to place a worker's overtime pay into an interest-bearing account that the employee would be paid from with the interest they accrued if the employer gave them monetary compensation for unused hours.

    Amendment to the Byrne, R-Ala., substitute amendment that would require employers to place a worker's overtime pay into an interest-bearing account that the employee would be paid from with the interest they accrued if the employer gave them monetary compensation for unused hours.

    Rejected 16-22.

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Employers with Violations
      Espaillat, D-N.Y. —

    Amendment to the Byrne, R-Ala., substitute amendment that would ensure that employers who violated the Fair Labor Standards Act within the past three years or had repeated violations, would not be eligible to offer their employees the ability to take additional time off instead of overtime pay.

    Amendment to the Byrne, R-Ala., substitute amendment that would ensure that employers who violated the Fair Labor Standards Act within the past three years or had repeated violations, would not be eligible to offer their employees the ability to take additional time off instead of overtime pay.

    Rejected 16-22.

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Low-Income Worker Exclusion
      F. Wilson, D-Fla. —

    Amendment to the Byrne, R-Ala., substitute amendment that would exempt employees who earn less than two-and-a-half times the minimum wage from being offered the option of taking time off instead of overtime pay.

    Amendment to the Byrne, R-Ala., substitute amendment that would exempt employees who earn less than two-and-a-half times the minimum wage from being offered the option of taking time off instead of overtime pay.

    Rejected 16-22.

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Arbitration Agreements
      Adams, D-N.C. —

    Amendment to the Byrne, R-Ala., substitute amendment that would exempt compensation time agreements from mandatory arbitration agreements.

    Amendment to the Byrne, R-Ala., substitute amendment that would exempt compensation time agreements from mandatory arbitration agreements.

    Rejected 15-22.

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Substitute Amendment
      Byrne, R-Ala. —

    Substitute amendment that would make minor technical changes.

    Substitute amendment that would make minor technical changes.

    Adopted without objection.

    April 26, 2017 — Committee Vote: Optional Compensatory Time — Vote to Report

    Allow private employers to offer workers compensatory time instead of monetary overtime compensation. It would require the agreement to be voluntary between the employer and the employee, and it would require the employee to have worked at least 1,000 hours during a period of continuous employment in the year before the agreement is made. It would make employees eligible for an hour and a half of compensation time for every hour of overtime worked.

    Under the bill, it would bar an employee from accruing more than 160 hours under the agreement, and it would require employers to pay an employee for any unused time off at the end of the calendar year before the end of January. It would allow employers to pick a 12-month period other than the calendar year as long as employees are aware of it. It would allow an employer to provide monetary compensation for any unused time exceeding 80 hours, and require employees to receive 30 days notice. It would allow an employer or employee to end the agreement, but an employer must give 30 days of written notice.

    The bill would prohibit employers from intimidating, threatening concerning or attempting to interfere with an employees rights under the bill.

    Under the bill, if an employee is paid for unused compensation time, it would require that the employee be paid not less than whatever is higher: the regular rate earned by the employee when the time was accrued, or the final rate received by an employee.

    The bill would allow an employee to use accrued time so long as they submit their request within a reasonable time and the employees absence does not unduly disrupt the operations of the employer.

    The bill would require the Government Accountability Office to produce a report, within two years of the bill's enactment and every three years thereafter, on which employers provide compensation time, number of complaints alleging violations of the section, number of enforcement actions from the Labor secretary, where those complaints stand and the amount of any unpaid wages or relief sought by the secretary in connection with such actions.

    It would sunset the bill's provisions five years after the bill's enactment.

    Allow private employers to offer workers compensatory time instead of monetary overtime compensation. It would require the agreement to be voluntary between the employer and the employee, and it would require the employee to have worked at least 1,000 hours during a period of continuous employment in the year before the agreement is made. It would make employees eligible for an hour and a half of compensation time for every hour of overtime worked.

    Under the bill, it would bar an employee from accruing more than 160 hours under the agreement, and it would require employers to pay an employee for any unused time off at the end of the calendar year before the end of January. It would allow employers to pick a 12-month period other than the calendar year as long as employees are aware of it. It would allow an employer to provide monetary compensation for any unused time exceeding 80 hours, and require employees to receive 30 days notice. It would allow an employer or employee to end the agreement, but an employer must give 30 days of written notice.

    The bill would prohibit employers from intimidating, threatening concerning or attempting to interfere with an employees rights under the bill.

    Under the bill, if an employee is paid for unused compensation time, it would require that the employee be paid not less than whatever is higher: the regular rate earned by the employee when the time was accrued, or the final rate received by an employee.

    The bill would allow an employee to use accrued time so long as they submit their request within a reasonable time and the employees absence does not unduly disrupt the operations of the employer.

    The bill would require the Government Accountability Office to produce a report, within two years of the bill's enactment and every three years thereafter, on which employers provide compensation time, number of complaints alleging violations of the section, number of enforcement actions from the Labor secretary, where those complaints stand and the amount of any unpaid wages or relief sought by the secretary in connection with such actions.

    It would sunset the bill's provisions five years after the bill's enactment.

    Ordered reported favorably to the full House (as amended) 22-16.
  • April 26, 2017 — Additional cosponsor(s): 2

    Brooks, M. (R-Ala.)Smucker, (R-Pa.)
  • April 25, 2017 — Additional cosponsor(s): 10

    Comstock, (R-Va.)Guthrie, (R-Ky.)Weber, (R-Texas)
    Ferguson, (R-Ga.)Roe, (R-Tenn.)Wilson, J. (R-S.C.)
    Foxx, (R-N.C.)Sessions, (R-Texas)
    Goodlatte, (R-Va.)Stefanik, (R-N.Y.)
  • April 6, 2017 — Additional cosponsor(s): 1

    Grothman, (R-Wis.)
  • April 5, 2017 — Subcommittee hearing held by the House Education and the Workforce Committee, Subcommittee on Workforce Protections.

  • April 3, 2017 — Companion measure, S 801, introduced by Sen. Mike Lee (R-Utah).

  • March 28, 2017 — Additional cosponsor(s): 1

    Byrne, (R-Ala.)
  • Feb. 16, 2017 — Read twice and referred to: House Education and the Workforce.Congressional Record p. H1301

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