H.R.2391 - Working Families Flexibility Act of 1996104th Congress (1995-1996)
Summary: H.R.2391 — 104th Congress (1995-1996)
Passed House amended (07/30/1996)
Working Families Flexibility Act of 1996 - Amends the Fair Labor Standards Act of 1938 (FLSA) to provide for compensatory time for all employees.
Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act.
Allows an employer to provide such compensatory time only: (1) pursuant to an agreement with employee representatives, or, where there are no designated representatives, with the employee if such agreement was entered into knowingly and voluntarily; (2) if a private employee has affirmed, in a verifiable statement, the choice of receiving compensatory time in lieu of overtime pay; and (3) if the employee has not accrued compensatory time in excess of applicable limits.
Sets forth special rules relating to public employees.
Prohibits employer coercion of employees for the purpose of: (1) interfering with their right to choose whether to request compensatory time off in lieu of overtime pay; or (2) requiring them to use compensatory time.
Limits to not more than 240 hours the amount of compensatory time an employee may accrue (with specified exceptions for public agency employees). Requires payment of compensation at the prescribed regular rate for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment.
Allows an employer to provide monetary compensation at any time after giving the employee at least 30 days notice, at the prescribed regular rate, for an employee's unused compensatory time in excess of 80 hours. Allows an employee to request in writing that monetary compensation be provided at the prescribed regular rate, at any time, for all compensatory time accrued and not yet used.
Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use, if such use does not unduly disrupt employers' operations.
Makes private employers who violate specified provisions of this Act liable to the employee affected in the amount of the rate of compensation for each hour of compensatory time accrued by the employee, and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.
Directs the Secretary of Labor to revise materials provided to employers for notices explaining FLSA to employees to reflect amendments made by this Act.