House Bill Permits Employers To Offer Paid Time Off In Lieu of Overtime Compensation

The Working Families Flexibility Act of 2017 (H.R. 1180) was passed by the U.S. House of Representatives in May, and will soon go before the U.S. Senate. If passed, the bill will amend the existing Fair Labor Standards Act in a manner that many employees will not favor. Under the FLSA, employers are required to pay time-and-a-half to employees who work over 40 hours a week. The new legislation would allow employers to offer comp time in lieu of time-and-a-half pay to non-exempt workers who work more than 40 hours in a week.

Opponents of H.R. 1180 note that its flexibility is limited. Under the rule, employees must give reasonable notice to employers, and the workplace must not be unduly disrupted with time-off requests. Such language leaves open the possibility for employers to deny requests for time off when employees need it most, for example if an unforeseeable family emergency arises.

Critics also argue that despite built-in protections against coercion, the bill may not protect employees against preferential treatment. When employers create work schedules, they may decide to give overtime hours to those who choose compensatory time off, putting those who are dependent upon overtime pay at a disadvantage.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. represent employees in Wage and Overtime Dispute Cases

If you are involved in a wage and overtime dispute, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you obtain the compensation you are owed from your employer. To schedule a consultation in our Philadelphia offices, call us at 215-574-0600 or contact us online today.