On May 3, 2017, the House of Representatives passed H.R. 1180, Working Families Flexibility Act, a law that would amend the Fair Labor Standards Act, to allow employers to give workers paid time off or comp time instead of time-and-a-half overtime pay. Under the Act, comp time could only be provided in lieu of overtime if it is part of a collective bargaining agreement that was negotiated with the labor organization. For non-union employees, the employee must have knowingly and voluntarily agreed to the comp time. There are other conditions such as the employee working a minimum 1,000 hours in a 12-month period before he or she can agree to comp time, as well as limitations, including a maximum accrual of 160 hours of comp time and a mandatory payout of compensation for any unused and accrued comp time by the end of calendar year. See H.R. 1180 at www.congress.gov/bill/115th-congress/house-bill/1180/text.

Republicans will need eight Democratic votes in support of the Working Families Flexibility Act to avoid filibuster in the Senate.