House Passes Workplace Flexibility Legislation

On May 2, 2017, the House of Representatives passed H.R. 1180, the Working Families Flexibility Act of 2017, which would permit private employers to provide employees compensatory (comp) time in lieu of overtime for hours worked by non-exempt employees over 40 hours in a work week. If enacted, employers could provide employees comp time at a rate not less than one and one-half hours for each hour of employment for which overtime compensation would otherwise be required. Employees would have to agree with their employer on receiving comp time in lieu of overtime in advance, with a cap of 160 hours.

In addition, H.R. 1180 would, among other things, require employers to annually pay out any unused comp time. It also gives employers the flexibility to schedule requested time off within a reasonable amount of time, such that operations are not disrupted. The bill now moves to the Senate, where its outlook is uncertain