On May 2, the US House of Representatives approved the Working Families Flexibility Act of 2017 (H.R. 1180). The overtime bill has raised hopes of overshadowing regulations initiated late in the Obama administration.
Republican Alabama Representative Martha Roby recently introduced act, which would amend the Fair Labor Standards Act of 1938.
The Act would provide private-sector employees with the choice of being paid time and one-half for overtime, or receiving an equal amount of comp time. If employees decided to accept comp time, they could only use it “within a reasonable period after making the request” and then only “if the use of the compensatory time does not unduly disrupt the operations of the employer.”
Employees would not be allowed to take comp time until they had worked for their employers at least 1,000 hours in a 12-month period. Those opting for monetary compensation for overtime would have to put the request in writing, and employers would have to provide payment within 30 days of receiving the request.
The Flexibility Act presents a stark contrast to Department of Labor overtime regulations announced in 2016. That law sought to double the salary threshold of workers entitled to overtime pay. It was due to take effect in December 2016, but was blocked by a Texas judge.
Where the business community railed against the DOL overtime regulations, it hopes the Working Families Flexibility Act proves beneficial. For instance, a representative of the U. S. Chamber of Commerce testified to the House in favor of the bill. Pool professionals agree.
“It would be great for both parties,” said Joe Cimino, president of Dolphin Pool Supply in Ronkonkoma N.Y.
Most of his employees accumulate substantial overtime during the busy spring and summer season, then work very short hours in late fall and winter. This bill would enable his employees to take accrued comp time during the slow season, he said.
Groups concerned with workers rights say such a change would actually remove choice from employees and potentially lose them money and time with family.
Rebecca Robledo contributed reporting to this story.
