S.1043: Working Families Flexibility Act of 2019


The Working Families Flexibility Act would amend the Fair Labor Standards Act to authorize private employers to provide compensatory time off to their employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required, but only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee.

This bill would prohibit an employee from accruing more than 160 hours of compensatory time. An employer must provide monetary compensation for any unused compensatory time off accrued during the preceding year. The bill would also require an employer to give employees 30-day notice before discontinuing compensatory time off. Additionally, this bill prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee’s right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time.

This bill would make an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used.

H.R. 5656 is the House companion bill introduced by Rep. Martha Roby


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Our Stance




Bill Number


Date Introduced

April 04, 2019


Senate Health, Education, Labor, and Pensions Committee

Bill Status

Introduced or Prefiled


Sen. Mike Lee