House Passes Rokita-Cosponsored Legislation to Give Working Families More Flexibility

Press Release

U.S. Rep. Todd Rokita today voted to pass the Working Families Flexibility Act, a bill he cosponsored to allow private sector employers to offer workers the option of earning paid time off in lieu of cash wages for overtime hours worked. Rokita serves on the House Committee on Education and the Workforce.

"Many working Americans are struggling to meet the demands of both job and family, particularly in today's difficult economy. This common-sense bill removes existing red tape and gives employees increased flexibility and freedom to fulfill their responsibilities. By offering more moms and dads the opportunity to accrue "comp time' if they choose, we are giving working families a vitally important tool to manage their time as they best see fit," said Rokita.

As approved by the House, H.R. 1406 will:

Allow employers to offer employees a choice between cash wages and accruing comp time for overtime hours worked. Employees who want to receive cash wages would continue to do so. No employee can be forced to take comp time instead of receiving overtime pay.

Protect employees by requiring the employer and the employee to complete a written agreement to use comp time, entered into knowingly and voluntarily by the employee. Where the employee is represented by a union, the agreement to take comp time must be part of the collective bargaining agreement negotiated between the union and the employer.

Retain all existing employee protections in current law, including the 40 hour work week and how overtime compensation is accrued. The bill adds additional safeguards for workers to ensure the choice and use of comp time are truly voluntary.

Allow employees to accrue up to 160 hours of comp time each year. An employer would be required to pay cash wages for any unused time at the end of the year. Workers are free to "cash out' their accrued comp time whenever they choose to do so.

Require the nonpartisan Government Accountability Office to report to Congress on the extent private-sector employers and employees are using comp time, as well as the number of complaints filed with and enforcement actions taken by the U.S. Department of Labor (Amendment offered by Rep. Chris Gibson (R-NY) adopted by vote of 384-42)

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