"Comp Time" Might Be Moving Up On The Agenda

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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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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