Working Families Flexibility Act


116th Congress, Paid time off

Bill name: Working Families Flexibility Act
Bill sponsors: H.R. 5656, Rep. Martha Roby (R-AL)
S. 1043, Sen. Mike Lee (R-UT)

Summary: The Working Families Flexibility Act would give workers the choice of accruing additional paid time off or accepting overtime pay when overtime compensation is required from their employer.

The bill amends the Fair Labor Standards Act (FLSA) to allow private sector employers to offer paid time off in lieu of overtime pay to an employee working overtime. It would be a voluntary option for the employer to offer and voluntary for the employee to accept paid time off instead of overtime pay.  An employee could cash out his or her accrued “comp time” for pay if the employee changes his or her mind.  Similarly, an employer would have the ability to discontinue offering “comp time” after giving the employees a 30-day notice.

Bill Status: Sen. Lee and Rep. Roby reintroduced the Working Families Flexibility Act for the 116th Congress, though no legislative action has occurred. The bill was previously approved by the House in 2017 and 2013.

Click here to read the bill language. 

Click here to download the Working Families Flexibility Act backgrounder. 

Read our I4AW backgrounder on the PAID Leave Act. 

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