Chief Deputy Whip Patrick McHenry (NC-10) released the following statement after the House of Representatives passed H.R. 1180, the Working Families Flexibility Act:

“Over the past few decades, economic challenges have led to rapid changes in the American workforce. Yet—as more American families become dual income households with both parents working—our nation’s laws have not been updated to reflect this new reality. 
 
“Today, the House took action to change that with passage of the Working Families Flexibility Act. This legislation updates federal standards as it relates to comp time, ensuring private sector workers are treated the same as their public sector counterparts. It is an important step in our efforts to make life easier for hard-working moms and dads throughout the United States.” 

Background on the Working Families Flexibility Act (courtesy of the Education and the Workforce Committee): 

• Allows employers to offer employees a choice between cash wages and 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 cash wages.

• Protects 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.

• Retains 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.

• Allows employees to accrue up to 160 hours of comp time each year. An employer would be required to pay cash wages at the overtime rate of time-and-a-half 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.