Comp time bill passes the House

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:

  1. 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.
  2. 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.
  3. There are pretty strict rules about timing of payouts of comp time.
  4. New-ish employees have to be paid overtime.
  5. 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?

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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