Senate Still needs to consider Private Sector Comp Time 

The House passed H R 1180 the Working Families Flexibility Act of 2017 which would allow private-sector employers to provide non-exempt employees compensatory time off (comp time) 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 (roughly half a year ) 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 compensatunited-states-2361405_1280ory time accrued during the preceding year.

Employees will always have a choice of which form of compensation they wish to receive. Employers will not be able to make comp time a standard practice or in any way coerce employees to choose comp time instead of overtime wages. Additionally, employees will have the option of asking for payout of their unused comp time at any time with 30 days’ notice, and unused comp time will have to be paid out at the end of each year. Other limits and worker protections are included as well. Employers will not be required to offer a comp time option.

The bill passed by a vote of 229-197 with Republicans voting 229-6 and Democrats voting 0-191.  A “yea” was a vote in support of the president’s position. Rep. Phil Roe (R) [TN] voted YES. The bill’s provisions would sunset five years after enactment. It appears passage in the Senate will be difficult. 

This is one of many attempts by Republican administrations to allow use of comp time in the private sector. The Advi$or will remind you that public sector employers (government) has been able to use Comp Time for their employees for many years.

 

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