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ARTICLE · 17 APRIL 2013

Private Sector Compensatory Time Bill Reintroduced

A discussion on the recently reintroduced in the House of Representatives legislation that would allow private sector employers to offer their employees compensatory time off in lieu of overtime.

United StatesEmployment and HR

Legislation that would allow private sector employers to offer their employees compensatory time off in lieu of overtime was reintroduced in the House of Representatives on Tuesday. Notably, the Working Families Flexibility Act (H.R. 1406) was introduced by Republican lawmakers, increasing the odds that this bill will advance in the House this term.

This measure would amend the Fair Labor Standards Act (FLSA) to permit private-sector employees to opt for paid time off at a rate of at least one-and-one-half hours of compensatory time per hour of overtime pay earned. This "comp time" option has long been available to public sector employees, and has proven to be very popular.

By way of example, an employee who works 48 hours per week would receive either 8 hours of pay at a rate of time-and-one-half or 12 hours of paid leave. This act would not change how overtime is calculated. To be eligible to choose comp time, employees would have to have worked at least 1,000

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