Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1158 Compare Versions

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Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 1158
5	5	To amend the Fair Labor Standards Act of 1938 to provide compensatory
6	6	time for employees in the private sector.
7	7	IN THE SENATE OF THE UNITED STATES
8	8	MARCH26, 2025
9	9	Mr. L
10	10	EE(for himself, Mr. LANKFORD, Mr. CRAMER, Mrs. CAPITO, and Mrs.
11	11	B
12	12	LACKBURN) introduced the following bill; which was read twice and re-
13	13	ferred to the Committee on Health, Education, Labor, and Pensions
14	14	A BILL
15	15	To amend the Fair Labor Standards Act of 1938 to provide
16	16	compensatory time for employees in the private sector.
17	17	Be it enacted by the Senate and House of Representa-1
18	18	tives of the United States of America in Congress assembled, 2
19	19	SECTION 1. SHORT TITLE. 3
20	20	This Act may be cited as the ‘‘Working Families 4
21	21	Flexibility Act of 2025’’. 5
22	22	SEC. 2. COMPENSATORY TIME. 6
23	23	Section 7 of the Fair Labor Standards Act of 1938 7
24	24	(29 U.S.C. 207) is amended by inserting after subsection 8
25	25	(q) the following: 9
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29	29	‘‘(r) COMPENSATORY TIMEOFF FORPRIVATEEM-1
30	30	PLOYEES.— 2
31	31	‘‘(1) G
32	32	ENERAL RULE.—An employee may re-3
33	33	ceive, in accordance with this subsection and in lieu 4
34	34	of monetary overtime compensation, compensatory 5
35	35	time off at a rate not less than one and one-half 6
36	36	hours for each hour of employment for which over-7
37	37	time compensation is required by this section. 8
38	38	‘‘(2) C
39	39	ONDITIONS.—An employer may provide 9
40	40	compensatory time to employees under paragraph 10
41	41	(1) only if such time is provided in accordance 11
42	42	with— 12
43	43	‘‘(A) applicable provisions of a collective 13
44	44	bargaining agreement between the employer 14
45	45	and the labor organization that has been cer-15
46	46	tified or recognized as the representative of the 16
47	47	employees under applicable law; or 17
48	48	‘‘(B) in the case of employees who are not 18
49	49	represented by a labor organization that has 19
50	50	been certified or recognized as the representa-20
51	51	tive of such employees under applicable law, an 21
52	52	agreement arrived at between the employer and 22
53	53	employee before the performance of the work 23
54	54	and affirmed by a written or otherwise 24
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58	58	verifiable record maintained in accordance with 1
59	59	section 11(c)— 2
60	60	‘‘(i) in which the employer has offered 3
61	61	and the employee has chosen to receive 4
62	62	compensatory time in lieu of monetary 5
63	63	overtime compensation; and 6
64	64	‘‘(ii) entered into knowingly and vol-7
65	65	untarily by such employees and not as a 8
66	66	condition of employment. 9
67	67	No employee may receive or agree to receive com-10
68	68	pensatory time off under this subsection unless the 11
69	69	employee has worked at least 1,000 hours for the 12
70	70	employee’s employer during a period of continuous 13
71	71	employment with the employer in the 12-month pe-14
72	72	riod before the date of agreement or receipt of com-15
73	73	pensatory time off. 16
74	74	‘‘(3) H
75	75	OUR LIMIT.— 17
76	76	‘‘(A) M
77	77	AXIMUM HOURS .—An employee 18
78	78	may accrue not more than 160 hours of com-19
79	79	pensatory time. 20
80	80	‘‘(B) C
81	81	OMPENSATION DATE .—Not later 21
82	82	than January 31 of each calendar year, the em-22
83	83	ployee’s employer shall provide monetary com-23
84	84	pensation for any unused compensatory time off 24
85	85	accrued during the preceding calendar year that 25
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89	89	was not used prior to December 31 of the pre-1
90	90	ceding year at the rate prescribed by paragraph 2
91	91	(6). An employer may designate and commu-3
92	92	nicate to the employer’s employees a 12-month 4
93	93	period other than the calendar year, in which 5
94	94	case such compensation shall be provided not 6
95	95	later than 31 days after the end of such 12- 7
96	96	month period. 8
97	97	‘‘(C) E
98	98	XCESS OF 80 HOURS .—The em-9
99	99	ployer may provide monetary compensation for 10
100	100	an employee’s unused compensatory time in ex-11
101	101	cess of 80 hours at any time after giving the 12
102	102	employee at least 30 days notice. Such com-13
103	103	pensation shall be provided at the rate pre-14
104	104	scribed by paragraph (6). 15
105	105	‘‘(D) P
106	106	OLICY.—Except where a collective 16
107	107	bargaining agreement provides otherwise, an 17
108	108	employer that has adopted a policy offering 18
109	109	compensatory time to employees may dis-19
110	110	continue such policy upon giving employees 30 20
111	111	days notice. 21
112	112	‘‘(E) W
113	113	RITTEN REQUEST.—An employee 22
114	114	may withdraw an agreement described in para-23
115	115	graph (2)(B) at any time. An employee may 24
116	116	also request in writing that monetary com-25
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120	120	pensation be provided, at any time, for all com-1
121	121	pensatory time accrued that has not yet been 2
122	122	used. Within 30 days of receiving the written 3
123	123	request, the employer shall provide the em-4
124	124	ployee the monetary compensation due in ac-5
125	125	cordance with paragraph (6). 6
126	126	‘‘(4) P
127	127	RIVATE EMPLOYER ACTIONS .—An em-7
128	128	ployer that provides compensatory time under para-8
129	129	graph (1) to employees shall not directly or indi-9
130	130	rectly intimidate, threaten, or coerce or attempt to 10
131	131	intimidate, threaten, or coerce any employee for the 11
132	132	purpose of— 12
133	133	‘‘(A) interfering with such employee’s 13
134	134	rights under this subsection to request or not 14
135	135	request compensatory time off in lieu of pay-15
136	136	ment of monetary overtime compensation for 16
137	137	overtime hours; or 17
138	138	‘‘(B) requiring any employee to use such 18
139	139	compensatory time. 19
140	140	‘‘(5) T
141	141	ERMINATION OF EMPLOYMENT .—An em-20
142	142	ployee who has accrued compensatory time off au-21
143	143	thorized to be provided under paragraph (1) shall, 22
144	144	upon the voluntary or involuntary termination of 23
145	145	employment, be paid for the unused compensatory 24
146	146	time in accordance with paragraph (6). 25
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150	150	‘‘(6) RATE OF COMPENSATION .— 1
151	151	‘‘(A) G
152	152	ENERAL RULE.—If compensation is 2
153	153	to be paid to an employee for accrued compen-3
154	154	satory time off, such compensation shall be paid 4
155	155	at a rate of compensation not less than— 5
156	156	‘‘(i) the regular rate received by such 6
157	157	employee when the compensatory time was 7
158	158	earned; or 8
159	159	‘‘(ii) the final regular rate received by 9
160	160	such employee, 10
161	161	whichever is higher. 11
162	162	‘‘(B) C
163	163	ONSIDERATION OF PAYMENT .—Any 12
164	164	payment owed to an employee under this sub-13
165	165	section for unused compensatory time shall be 14
166	166	considered unpaid overtime compensation. 15
167	167	‘‘(7) U
168	168	SE OF TIME.—An employee— 16
169	169	‘‘(A) who has accrued compensatory time 17
170	170	off authorized to be provided under paragraph 18
171	171	(1); and 19
172	172	‘‘(B) who has requested the use of such 20
173	173	compensatory time, 21
174	174	shall be permitted by the employee’s employer to use 22
175	175	such time within a reasonable period after making 23
176	176	the request if the use of the compensatory time does 24
177	177	not unduly disrupt the operations of the employer. 25
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181	181	‘‘(8) DEFINITIONS.—For purposes of this sub-1
182	182	section— 2
183	183	‘‘(A) the term ‘employee’ does not include 3
184	184	an employee of a public agency; and 4
185	185	‘‘(B) the terms ‘overtime compensation’, 5
186	186	‘compensatory time’, and ‘compensatory time 6
187	187	off’ shall have the meanings given such terms 7
188	188	by subsection (o)(7).’’. 8
189	189	SEC. 3. REMEDIES. 9
190	190	Section 16 of the Fair Labor Standards Act of 1938 10
191	191	(29 U.S.C. 216) is amended— 11
192	192	(1) in subsection (b), in the first sentence, by 12
193	193	striking ‘‘(b) Any employer’’ and inserting ‘‘(b) Ex-13
194	194	cept as provided in subsection (f), any employer’’; 14
195	195	and 15
196	196	(2) by adding at the end the following: 16
197	197	‘‘(f) An employer that violates section 7(r)(4) shall 17
198	198	be liable to the employee affected in the amount of the 18
199	199	rate of compensation (determined in accordance with sec-19
200	200	tion 7(r)(6)(A)) for each hour of compensatory time ac-20
201	201	crued by the employee and in an additional equal amount 21
202	202	as liquidated damages reduced by the amount of such rate 22
203	203	of compensation for each hour of compensatory time used 23
204	204	by such employee.’’. 24
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208	208	SEC. 4. NOTICE TO EMPLOYEES. 1
209	209	Not later than 30 days after the date of enactment 2
210	210	of this Act, the Secretary of Labor shall revise the mate-3
211	211	rials the Secretary provides, under regulations published 4
212	212	in section 516.4 of title 29, Code of Federal Regulations 5
213	213	(or any corresponding similar regulation or ruling), to em-6
214	214	ployers for purposes of a notice explaining the Fair Labor 7
215	215	Standards Act of 1938 (29 U.S.C. 201 et seq.) to employ-8
216	216	ees so that such notice reflects the amendments made to 9
217	217	such Act by this Act. 10
218	218	SEC. 5. GAO REPORT. 11
219	219	Beginning 2 years after the date of enactment of this 12
220	220	Act and each of the 3 years thereafter, the Comptroller 13
221	221	General shall submit a report to Congress providing, with 14
222	222	respect to the reporting period immediately prior to each 15
223	223	such report— 16
224	224	(1) data concerning the extent to which employ-17
225	225	ers provide compensatory time pursuant to section 18
226	226	7(r) of the Fair Labor Standards Act of 1938, as 19
227	227	added by this Act, and the extent to which employ-20
228	228	ees opt to receive compensatory time; 21
229	229	(2) the number of complaints alleging a viola-22
230	230	tion of such section filed by any employee with the 23
231	231	Secretary of Labor; 24
232	232	(3) the number of enforcement actions com-25
233	233	menced by the Secretary or commenced by the Sec-26
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237	237	retary on behalf of any employee for alleged viola-1
238	238	tions of such section; 2
239	239	(4) the disposition or status of such complaints 3
240	240	and actions described in paragraphs (2) and (3); and 4
241	241	(5) an account of any unpaid wages, damages, 5
242	242	penalties, injunctive relief, or other remedies ob-6
243	243	tained or sought by the Secretary in connection with 7
244	244	such actions described in paragraph (3). 8
245	245	SEC. 6. SUNSET. 9
246	246	This Act and the amendments made by this Act shall 10
247	247	expire 5 years after the date of enactment of this Act. 11
248	248	Æ
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