crossposted from unbossed
Who says that Republicans are not environmentally aware and overall friendly people? Take the Family-Friendly Workplace Act (H.R. 6025), introduced by Rep. Cathy McMorris Rodgers [R, WA-5] and endorsed by 11 of her best friends in the House. After all, what could be more friendly than being friendly to families. And, best of all, this piece of legislation gets recycled every couple years or so. Though it's been longer than two years since the most recent stab at getting this pick the workers'pockets amendment to the Fair Labor Standards Act passed.
The gist of this legislation, and its predecessors, is that the best way we can help families is to allow them to take comp time for family needs.
Here's how it would work. Need to go see your kid's teacher next week? Just work a couple more hours this week, and "withdraw" those hours next week from your banked hours. Or you can withdraw them in the future. You can keep working and putting hours in the bank for withdrawal if you need them later.
The thing is that it already possible to do this, except that it would work this way under current law. You work extra hours over 40 hours this week, and you get paid at time-and-a-half this week. If you take time off in a later week, you've already been paid for those hours.
The only reason this piece of legislation is needed is so that employers do not violate the law by failing to pay time-and-a-half.
Other Problems with the Bill
As with prior attempts at passing this change in overtime law, there are a number of features that are problematic.
For example, you would need to keep track of your hours to make certain they books are kept straight. Over a few weeks or a year, it is easy to mess up that accounting. Then you are in a difficult situation of having to make an issue out of getting things straightened out, something that is uncomfortable for most worker.
This bill limits the hours that can be accrued to160 hours of compensatory time. That is somewhat helpful in terms of accounting, but notice that this is a lot of time. 160 hours is roughly a month's worth of hours.
Here are some issues that should be of concern.
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How can we be certain that the employees choose to bank hours and are not pressured into doing so?
Remember that under this legislation, an employer does not have to pay anything for these hours, even though the employee has worked them. Imagine that, in a period of recession, an employer that is financially pressed may find this to be a way to get free money.
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How can we be certain that employees can take the time off when they request it?
Again, employers tend to have more power in a relationship than does the employee. What happens when the employee with banked hours tries to take the time to take the kid to the doctors or meet with a teacher? What if the employer says no or just never gets around to saying yes? In a time of high unemployment, will the employee press for this right?
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The comp hours should be at 1.5 hours for each hour banked
Remember that these hours are overtime hours and should be paid at time and a half. This means also that if they are taken later, they should allow a worker to get time and a half for each hour banked.
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What happens to those banked hours a/k/ unpaid time, when the employee wants to cash out?
Employees may decide they want to take another job and may want to be paid at long last for the hours in that bank. Remember that these would have been paid at overtime rates under the law. Unlike prior versions, the new bill says that they are to be paid out at overtime rates. But will they be?
The overtime requirements of the FLSA are among the most abused laws on the books. For example, Sun Microsystems, generally regarded as a better than average employer, is being sued in a class action for having failed to pay overtime to tech writers since 2002.
In addition, it means that the worker must keep track of hours over months and months and have the courage to make a demand for payment.
In fact, the employee is making the employer an interest-free loan. So any money paid back should not only be at time and a half but should also include compound interest.
So here we have yet, again, more of this friendly legislation, somewhat along the lines of denying health care to poor children. Just killing these families with kindness, I guess.
Here are the sponsors:
o Rep. Cathy McMorris Rodgers [R, WA-5] and
o Rep. Marsha Blackburn [R, TN-7]
o Rep. Mary Bono Mack [R, CA-45]
o Rep. Eric Cantor [R, VA-7]
o Rep. Trent Franks [R, AZ-2]
o Rep. Kay Granger [R, TX-12]
o Rep. John Kline [R, MN-2]
o Rep. Patrick Mchenry [R, NC-10]
o Rep. Howard McKeon [R, CA-25]
o Rep. Ronald Paul [R, TX-14]
o Rep. Deborah Pryce [R, OH-15]
o Rep. Addison Wilson [R, SC-2]
Here is the legislation.
Family-Friendly Workplace Act (H.R. 6025)
* House Education and Labor - Family-Friendly Workplace Act (Introduced in House) HR 6025 IH 110th CONGRESS, 2d Session H. R. 6025
To amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector.
IN THE HOUSE OF REPRESENTATIVES
May 13, 2008
Mrs. MCMORRIS RODGERS (for herself, Mr. CANTOR, Ms. GRANGER, Mr. MCKEON, Mr. FRANKS of Arizona, Mr. PAUL, Mrs. BONO MACK, Mr. KLINE of Minnesota, Mr. WILSON of South Carolina, Ms. PRYCE of Ohio, Mr. MCHENRY, and Mrs. BLACKBURN) introduced the following bill; which was referred to the Committee on Education and Labor
A BILL
To amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Family-Friendly Workplace Act'.
SEC. 2. COMPENSATORY TIME.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following:
`(r) Compensatory Time Off for Private Employees-
`(1) GENERAL RULE-
`(A) COMPENSATORY TIME OFF- An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section.
`(B) DEFINITION- For purposes of this subsection, the term `employee' does not include an employee of a public agency.
`(2) CONDITIONS- An employer may provide compensatory time to employees under paragraph (1)(A) only if such time is provided in accordance with--
`(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization which has been certified or recognized as the representative of the employees under applicable law; or
`(B) in the case of employees who are not represented by a labor organization which has been certified or recognized as the representative of such employees under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)--
`(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and
`(ii) entered into knowingly and voluntarily by such employees and not as a condition of employment.
No employee may receive or agree to receive compensatory time off under this subsection unless the employee has worked at least 1000 hours for the employee's employer during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of compensatory time off.
`(3) HOUR LIMIT-
`(A) MAXIMUM HOURS- An employee may accrue not more than 160 hours of compensatory time.
`(B) COMPENSATION DATE- Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period.
`(C) EXCESS OF 80 HOURS- The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6).
`(D) POLICY- Except where a collective bargaining agreement provides otherwise, an employer which has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice.
`(E) WRITTEN REQUEST- An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued which has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6).
`(4) PRIVATE EMPLOYER ACTIONS- An employer which provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of--
`(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or
`(B) requiring any employee to use such compensatory time.
`(5) TERMINATION OF EMPLOYMENT- An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time in accordance with paragraph (6).
`(6) RATE OF COMPENSATION-
`(A) GENERAL RULE- If compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than--
`(i) the regular rate received by such employee when the compensatory time was earned; or
`(ii) the final regular rate received by such employee,
whichever is higher.
`(B) CONSIDERATION OF PAYMENT- Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation.
`(7) USE OF TIME- An employee--
`(A) who has accrued compensatory time off authorized to be provided under paragraph (1); and
`(B) who has requested the use of such compensatory time,
shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer.
`(8) DEFINITIONS- The terms `overtime compensation' and `compensatory time' shall have the meanings given such terms by subsection (o)(7).'.
SEC. 3. REMEDIES.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended--
(1) in subsection (b), by striking `(b) Any employer' and inserting `(b) Except as provided in subsection (f), any employer'; and
(2) by adding at the end the following:
`(f) An employer which violates section 7(r)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(r)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.'.
SEC. 4. NOTICE TO EMPLOYEES.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published at 29 CFR 516.4, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act.
SEC. 5. SUNSET.
This Act and the amendments made by this Act shall expire 5 years after the date of the enactment of this Act.
Here is the press release announcing the release of the legislation.
(Washington, D.C.) Today, Congresswoman Cathy McMorris Rodgers introduced legislation that gives working family members more flexibility during their workweek.
The "Family-Friendly Workplace Act" (H.R. 6025) gives families the option to make choices that work best for them as well as meet the needs of our 21st century workforce. It gives employers the option of offering employees the choice of paid time off in lieu of cash wages for overtime hours worked if the employee prefers to take compensatory time instead of overtime pay. Instead of paid overtime, that employee could choose comp-time and take that time to care for an elderly parent or meet the needs of their kids. An employee would always be entitled to opt for overtime cash wages.
"Time is one of our most precious resources. We all want more of it and yet we only have 24 hours in a day. That means we have to figure out how to work a full day, run errands, pack lunches, make dinner and spend quality time with our kids, spouse, or elderly parent," McMorris Rodgers says. "Giving employees more flexibility in their workweek is key to increasing retention as well as attracting great employees that will help increase our country's competitiveness."
A long list of businesses who recognize the value of giving their employees more flexibility support the measure, including the American Hospital Association, the National Federation of Independent Businesses and the U.S. Chamber of Commerce.
"The dynamic of the American workforce will continue changing dramatically the next few generations, as one worker enters the job market for every two that leave. Business is looking at non-monetary benefits to recruit and retain highly-skilled workers," Amy Johnson, Vice President of Workforce Development at Greater Spokane Incorporated said. "The Family Friendly Workplace Act is one tool businesses can use to recruit the desired workforce and remain competitive in today’s global economy."
Spokane-area businesses and their employees like Telect, KidCentric, Farm Services Credit Union, Provisional Staffing and Inland Northwest Health Services (INHS) already benefit from flexible workplace options.
"With more than 1000 employees in the Greater Spokane region, Inland Northwest Health Services (INHS) understands the importance of providing flexibility in the workplace," said Nancy Vorhees, chief operating officer of INHS. "Our employees have told us how much they value flexibility and see it as an additional benefit."
This proposed law is a greedy proposal that is bad for working Americans.