Byrne Votes to Give Working Families Greater Flexibility

Congressman Bradley Byrne (R-AL), Chairman of the House Workforce Protections Subcommittee, voted today in favor of legislation to give working Americans greater choice, freedom, and flexibility in the workplace.

The House passed H.R. 1180, the Working Families Flexibility Act, by a vote of 229 to 197. Under the bill, employees in the private sector would have the choice between paid time off (comp time) and cash wages for working overtime. This is a benefit already provided to workers in the public sector.

Byrne said: “By passing the Working Families Flexibility Act, we have taken an important step toward bringing our workforce laws into the 21st Century. Working families today face a wide range of challenges and demands, and they deserve the same freedoms and choices that workers in the public sector already have. I thank Representatives Roby for introducing this commonsense piece of legislation, and I applaud my colleagues for lending their support to this pro-worker bill.”

The Working Families Flexibility Act was introduced by Congressman Byrne’s Alabama colleague, Representative Martha Roby (R-AL), and it is supported by President Donald Trump.

The bill includes a number of important protections for workers, and the choice to receive comp time would be completely voluntary. No employer would be allowed to force, coerce, or intimidate their employees into taking comp time instead of overtime pay.

Congressman Byrne spoke in support of the bill in a speech on the House floor. The full transcript of his remarks can be found below.

Byrne said: “Mr. Speaker, the workforce of the 21st Century is a lot different from the workforce of the thirties and forties when many of our nation’s labor laws were first written. As such, many of these laws are outdated and out of touch with the realities facing today’s workers.

“For example, in nearly half of two-parent households, both mom and dad work full time. That’s up from roughly 30 percent in 1970. Meanwhile, millennials now represent the majority of the workforce.

“Given the changes in the workforce, there are new challenges related to the work-family balance. From children’s field trips to taking care of an elderly family member to a single parent juggling different tasks while their spouse is on a military deployment, the demands are greater than ever before.

“That is where the Working Families Flexibility Act comes in. This commonsense bill would improve the quality of life for many hardworking men and women by removing outdated federal restrictions imposed solely on the private sector.

“Already, workers in the public sector – at both the federal, state, and local level – have the ability to take comp time in lieu of overtime pay if they prefer. This bill would give that same option to workers in the private sector.

“Here’s how it would work. An employee and their employer would come together and mutually agree to enter an arrangement where the employee would receive time and a half in time off, or comp time, instead of time and a half overtime pay. In other words, employees would have the choice between paid time off and cash wages for working overtime.

“As I mentioned, this provision is already available for workers in the public sector. That’s because in 1985, Congress amended the Fair Labor Standards Act to give public-sector employees greater flexibility. In fact, in a report filed by the House Education and the Workforce Committee more than 30 years ago, our Democrat colleagues wrote that this change in the law recognized the “mutual benefits” of comp time for state and local governments and outlined the “freedom and flexibility” comp time would offer public-sector workers.

“So shouldn’t workers in the private sector be entitled to the same freedom and flexibility given to government workers?

“Now, I know some of my colleagues on the other side of the aisle will say this bill is bad for workers. That could not be further from the truth. Let me clear up some of the false information put out by union bosses and special interest groups.

“First, this proposal is completely voluntary. Both an employee and an employer would have to agree to a comp time arrangement, and their agreement would have to be put in writing.

“Second, no employer can coerce or intimidate their employees into taking comp time. An employee who feels they have been mistreated can file a charge with the Department of Labor at no cost or they could bring their own legal action.

“Employers who take advantage of their employees would face the same penalties as they would for other wage violations.

“Now, as a labor and employment attorney, I have been a part of these kind of legal matters in the past, and I can honestly say that no sensible employer would take advantage of an employee and risk double damages, exorbitant attorney fees, and a legal battle with the federal government.

“Third, employees have control over when to use their comp time, as long as reasonable notice is given and the request doesn’t unduly disrupt the workplace. This is the same standard used in the public sector, and it is the same standard used under the Family and Medical Leave Act. I imagine it is also the same standard used in each of our Congressional offices.

“Fourth, this bill includes a five year sunset that would require Congress to come back and reaffirm this law after reviewing the impact of comp time. This would give us the ability to change the law based on the real world impact.

“Fifth, the bill would set the maximum comp time accrual amount at 160 hours, which is less than what’s allowed in the public sector. This provision was actually included after Democrats expressed concerns that workers would accrue too much comp time.

“Sixth, an employee has the right to cash out their comp time at any time for any reason. This is a decision that the employee alone can make. Additionally, at the end of the year, employees would receive a cash payment for any unused hours.

“Finally, this is not a far-fetched or radical idea. In fact, President Bill Clinton had his own comp time proposal during his presidency.

“So, this bill is great for workers and actually gives them greater choice and flexibility in the workplace.

“In fact, our Committee, Education and the Workforce, heard a real life example of how comp time would make life easier for families during a recent hearing on this bill. We heard about a clerical worker for a mental health company who recently found out she was pregnant and was also putting in a lot of overtime during a transition to a new computer system.

“This mom-to-be simply wanted to waive the overtime pay and instead be credited the time for maternity leave. As her human resources professional testified, ‘I had to explain to her that we were unable to do so because it was against the law. It was difficult conveying this message to this single-mom-to-be, who felt she should be allowed the option to choose for herself whether to take the overtime pay or paid leave when her child was born.’

“That is why this bill is necessary for people like this working mom.  That is how this bill will make a real difference.

“Now, Mr. Speaker, I know comp time won’t work for every worker or family. So, if an employee wants to continue receiving time and a half overtime pay, then they can continue to do so and this bill will have no impact on that.

“But this bill would create a new option for employees to better meet the needs of the 21st Century workforce. Workers today want and need the type of freedom and flexibility that this bill provides.

“This bill would allow a working mom or dad to put in a little extra time at work in order to have that time off to attend a child’s baseball game, dance recital, or field trip. This is all about freedom, flexibility, fairness, and choice.

“Certainly, more work and changes will be needed as we adapt to the workforce of the 21st Century, and I look forward to learning more about proposals from my colleagues on the other side of the aisle.

“But, the simple fact that there are other proposals out there should not stop us from passing this commonsense bill to give working families the flexibility they need and deserve.”