On May 8, the U.S. House of Representatives passed the
"Working Families Flexibility Act of 2013" (H.R. 1406) by
a narrow vote of 223 to 204. The legislation would amend the
federal Fair Labor Standards Act ("FLSA") to permit
private sector employers to offer "comp time" off in lieu
of monetary overtime compensation. Under the proposal, eligible
non-union employees could agree to a comp time arrangement "in
writing or [in an] otherwise verifiable record." Participating
employees would then receive at least 1.5 hours of comp time for
each overtime hour worked.
The bill has moved quickly since it was introduced April 9.
While the Obama Administration has voiced opposition to the bill,
and congressional Democrats nearly uniformly voted against it, the
atypical speed with which H.R. 1406 has moved might mean that its
supporters are positioning the bill to be part of a future bargain
involving a minimum wage increase.
