The Working Families Flexibility Act of 2017 passed the House this week, 229-197. I honestly do not understand why Democrats are opposed to this legislation. I discussed the details of the bill in this post in April. For those who are worried that workers will be deprived of their overtime pay, here are a few points to keep in mind:
- The worker can always choose to take overtime pay instead of comp time. It is illegal for an employer to try to coerce the worker into taking comp time, and it's illegal for an employer to retaliate against a worker based on his or her decision about comp time. Comp time cannot be presented to the employee as a "take-it-or-leave-it" deal.
- Even if an employee agrees to take comp time, he or she can revoke that decision at any time by giving written notice to the employer.
- There are pretty strict rules about timing of payouts of comp time.
- New-ish employees have to be paid overtime.
- Employers cannot offer more than 160 hours a year of comp time. Anything in excess of that would have to be paid as overtime.
I'm still waiting to hear a good argument against this legislation. What am I missing?
Of Counsel & Chief Legal EditorRobin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.
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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
