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"Comp Time" Might Be Moving Up On The Agenda

Ted Boehm
Fisher Phillips LLP - Atlanta Office

November 6, 2013

Previously published on November 3, 2013

We reported in April and May about the fast-tracked "Working Families Flexibility Act of 2013" passed in the U.S. House of Representatives. This measure proposes to amend the federal Fair Labor Standards Act to permit private-sector employers to offer compensatory time off in lieu of monetary overtime compensation.

In recent days, an analogous proposal was introduced in the Senate by Minority Leader Mitch McConnell (R-Ky.). As of this writing, Senate Bill 1626 has not been printed by the Government Printing Office. However, early accounts indicate that it mirrors the House's version, with a significant difference.

Senator McConnell's bill is said also to permit private employers to implement a flexible credit-hour program. Under such a "flex plan", an employee who works beyond his or her scheduled hours apparently could accrue time off to be taken later. This provision is reportedly included to provide a way for employees who do not work more than 40 hours in a workweek to accumulate paid-time-off nonetheless.

Our surmise still is that proponents of such measures are putting them on the table in anticipation of a looming attempt to raise the FLSA's minimum wage. This latest development could mean that efforts to enact such an increase are about to heat-up.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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