Working Families Flexibility Act of 2013

[crashhelmet]

Last week, Representative Martha Roby (R-AL) introduced the Working Families Flexibility Act of 2013 to "amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector."

In a nutshell, the purpose of this act would to eliminate Overtime Pay and replace it with compensatory time of 1.5 hours for every hour worked in excess of 40 hours per week. There's a cap at 160 hours.

• Employers can choose to pay out the time in a monetary amount, again equal to 1.5 hours for every hour of OT, once the employee has banked at least 80 hours.
• Employers have to pay out any and all unused banked time for the previous year on January 31st.
• Upon termination of employment, whether voluntary or involuntary, all banked time is paid out.

I'm all for flexibility in the workplace. It's great when I can goto my boss and say "mind if I stay an extra hour tonight and come in an hour late tomorrow?" But I'm not really sure where this bill is needed, unless it's to solidify that specific justification. The only issue would be if an employer chose to not allow an employee cash out their banked time and they were hit by the 160 hour cap. Albeit, you'd have to work over 107 hours OT to break that cap but in some situations, it could be possible. I just don't see the point in putting this bill through.

Article from HuffPo

Official Congress Web Site

[HYHYBT]

Two immediate problems I see: first, while I would love actual flexibility if it would work that way, you know it won't. "Flexibility" ultimately means the company gets to pick whichever is best for them. The second problem is that both the time limit and the cap are much too high. Do work and then potentially have to wait *a year* to get compensated? Build up several weeks' worth of back pay they owe you before they have to cough it up?

If any overtime had to be either paid out or used by the next *week,* that would legitimately be a flexibility matter.

[Akasa]

So I have to WAIT to get paid my OT?! Aww hell no!

[lordlundar]

Two immediate problems I see: first, while I would love actual flexibility if it would work that way, you know it won't. "Flexibility" ultimately means the company gets to pick whichever is best for them. The second problem is that both the time limit and the cap are much too high. Do work and then potentially have to wait *a year* to get compensated? Build up several weeks' worth of back pay they owe you before they have to cough it up?

If any overtime had to be either paid out or used by the next *week,* that would legitimately be a flexibility matter.

This brings up another issue I see. Companies have a habit of "accidentally" losing long term payment methods like these. Unless there's a condition that reprimands the company in any meaningful manner for not maintaining the info properly, they can just say "whoops! lost the info. Oh well, better luck next time".

[Panacea]

So I have to WAIT to get paid my OT?! Aww hell no!

Actually, if you use comp time you'd use it to take a paid day off during the regular schedule, meaning you would not get time and a half. You'd get your normal hourly rate.

The IRS may take a look at this as a compensation issue for tax purposes, meaning you might still end up on the hook for the taxes.

[crashhelmet]

Actually, if you use comp time you'd use it to take a paid day off during the regular schedule, meaning you would not get time and a half. You'd get your normal hourly rate.

The IRS may take a look at this as a compensation issue for tax purposes, meaning you might still end up on the hook for the taxes.

But the employer still gets to decide if and when you get to take that time off. It's all at their discretion.

[insertNameHere]

Right now comp time sucks for me. I'm a temp in a gov job. Before sequestration i was able to work comp time if i wanted 1 for 1 however, if I lose my job my comp disappears as well, which is sort of BS. but it is the only way to bank any meaningful amount of time off in a short basis.

1 for 1 comp time is a rip to the employee, because they get to lose out on time off for the hope of taking time off in the future and if you have the comp time on the books to long it gets taken and nothing is given to you. where OT is so much better. In a much quicker turn around you get paid for the work you did and most of the guys in my shop would be much more motivated to work extra if we had OT instead of comp BS

[bara]

Every time I see a bill that somehow mentions workers rights and its put up by a republican I immediately ask 'whats the catch'?

[Panacea]

But the employer still gets to decide if and when you get to take that time off. It's all at their discretion.

Oh, I agree. That just supports my point.

[Gravekeeper]

Every time I see a bill that somehow mentions workers rights and its put up by a republican I immediately ask 'whats the catch'?

Yeah, before I even opened the thread the very name of the bill sounded inherently evil somehow. Usually when something goes up with a title like this, the contents mean the exact opposite.

[Andara Bledin]

Truth in advertising would make them have to call it:

New Ways for Business to Pay Workers Less Act of 2013

[bara]

Truth in advertising would make them have to call it:

New Ways for Business to Pay Workers Less Act of 2013

Andara... you are way more polite than I am.

[Andara Bledin]

Well, I was titling it so it would be fit for print.

[Duelist925]

Well, I was titling it so it would be fit for print.

You can boil it down even further: "Workers, Bend Over."