,,ii #aacth ,,congress #ast ,session ,s4 #afbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #cj1 #bjac,mr4 ,mc,connell 7for himself and ,ms4 ,ayotte7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,fair ,labor ,standards ,act of #aich to provide employees in the private sector with an opportunity for compensatory time off1 similar to the opportunity offered to ,federal employees1 and a flexible credit hour program to help balance the demands of work and family1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,family ,friendly and ,workplace ,flexibility ,act of #bjac4 #b4 ,compensatory ,time ,section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7 is amended by adding at the end the following3 7s7 ,compensatory ,time for ,private ,employees 7#a7 ,definitions ,in this subsection-- 7,a7 the term employee does not include an employee of a public agency2 and 7,b7 the terms overtime compensation1 compensatory time1 and compensatory time off have the meaning given the terms in subsection 7o77#g74 7#b7 ,general rule ,an employee may receive1 in accordance with this subsection and in lieu of monetary overtime compensation1 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 by this section4 7#c7 ,agreement required ,an employer may provide compensatory time to an employee under paragraph 7#b7 only in accordance with-- 7,a7 applicable provisions of a collective bargaining agreement between an employer and a labor organization that has been certified or recognized as the representative of the employees of the employer under applicable law2 or 7,b7 in the case of an employee who is not represented by a labor organization described in subparagraph 7,a71 an agreement between the employer and employee arrived at before the performance of the work-- 7i7 in which the employer has offered and the employee has chosen to receive compensatory time off under this subsection in lieu of monetary overtime compensation2 7ii7 that the employee enters into knowingly1 voluntarily1 and not as a condition of employment2 and 7iii7 that is affirmed by a written or otherwise verifiable record maintained in accordance with section #aa7;c74 7#d7 ,hour limit ,an employee may accrue not more than #afj hours of compensatory time under this subsection1 and shall receive overtime compensation for any such compensatory time in excess of #afj hours4 7#e7 ,unused compensatory time 7,a7 ,compensation period 7i7 ,in general ,except as provided in clause 7ii71 not later than ,january #ca of each calendar year1 the employer of the employee shall provide monetary compensation for any unused compensatory time under this subsection accrued during the preceding calendar year that the employee did not use prior to ,december #ca of the preceding year at the rate prescribed by paragraph 7#g77;,a74 7ii7 ,alternative compensation period ,an employer may designate and communicate to an employee a #ab-month period other than the calendar year for determining unused compensatory time under this subsection1 and the employer shall provide monetary compensation not later than #ca days after the end of such #ab-month period at the rate prescribed by paragraph 7#g77;,a74 7,b7 ,excess of #hj hours ,an employer may provide monetary compensation1 at the rate prescribed by paragraph 7#g77;,a71 for any unused compensatory time under this subsection of an employee in excess of #hj hours at any time after giving the employee not less than #cj days' notice4 7,c7 ,termination of employment ,upon the voluntary or involuntary termination of an employee1 the employer of such employee shall provide monetary compensation at the rate prescribed by paragraph 7#g77;,a7 for any unused compensatory time under this subsection4 7#f7 ,withdrawal of compensatory time agreement 7,a7 ,employer ,except where a collective bargaining agreement provides otherwise1 an employer that has adopted a policy of offering compensatory time to employees under this subsection may discontinue such policy after providing employees notice #cj days prior to discontinuing the policy4 7,b7 ,employee 7i7 ,in general ,an employee may withdraw an agreement described in paragraph 7#c77;,b7 after providing notice to the employer of the employee #cj days prior to the withdrawal4 7ii7 ,request for monetary compensation ,at any time1 an employee may request in writing monetary compensation for any accrued and unused compensatory time under this subsection4 ,the employer of such employee shall provide monetary compensation at the rate prescribed by paragraph 7#g77;,a7 within #cj days of receiving the written request4 7#g7 ,monetary compensation 7,a7 ,rate of compensation ,an employer providing monetary compensation to an employee for accrued compensatory time under this subsection shall compensate the employee at a rate not less than the greater of-- 7i7 the regular rate1 as defined in subsection 7e71 of the employee on the date the employee earned such compensatory time2 or 7ii7 the final regular rate1 as defined in subsection 7e71 received by such employee4 7,b7 ,treatment as unpaid overtime ,any monetary payment owed to an employee for unused compensatory time under this subsection1 as calculated in accordance with subparagraph 7,a71 shall be considered unpaid overtime compensation for the purposes of this ,act4 7#h7 ,using compensatory time ,an employer shall permit an employee to take time off work for compensatory time accrued under paragraph 7#b7 within a reasonable time after the employee makes a request for using such compensatory time if the use does not unduly disrupt the operations of the employer4 7#i7 ,prohibition of coercion 7,a7 ,in general ,an employer that provides compensatory time under paragraph 7#b7 shall not directly or indirectly intimidate1 threaten1 or coerce1 or attempt to intimidate1 threaten1 or coerce any employee for the purpose of interfering with the rights of an employee under this subsection-- 7i7 to use accrued compensatory time in accordance with paragraph 7#h7 in lieu of receiving monetary compensation2 7ii7 to refrain from using accrued compensatory time in accordance with paragraph 7#h7 and receive monetary compensation2 or 7iii7 to refrain from entering into an agreement to accrue compensatory time under this subsection4 7,b7 ,definition ,in subparagraph 7,a71 the term intimidate1 threaten1 or coerce includes-- 7i7 promising to confer or conferring any benefit1 such as appointment1 promotion1 or compensation2 or 7ii7 effecting or threatening to effect any reprisal1 such as deprivation of appointment1 promotion1 or compensation4 4 #c4 ,flexible ,credit ,hour ,program ,section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg71 as amended in section #b1 is further amended by adding at the end the following3 7t7 ,flexible credit hour program 7#a7 ,definitions ,in this subsection-- 7,a7 the term at the election of1 used with respect to an employee1 means at the initiative of1 and at the request of1 the employee2 7,b7 the term basic work requirement means the number of hours1 excluding overtime hours1 that an employee is required to work or is required to account for by leave or otherwise within a specified period of time2 7,c7 the term employee does not include an employee of a public agency2 7,d7 the term flexible credit hour means any hour that an employee1 who is participating in a flexible credit hour program1 works in excess of the basic work requirement2 and 7,e7 the term overtime compensation has the meaning given the term in subsection 7o77#g74 7#b7 ,program establishment ,an employer may establish a flexible credit hour program for an employee to accrue flexible credit hours in accordance with this subsection and1 in lieu of monetary compensation1 reduce the number of hours the employee works in a subsequent day or week at a rate of one hour for each hour of employment for which overtime compensation is required by this section4 7#c7 ,agreement required 7,a7 ,in general ,an employer may carry out a flexible credit hour program under paragraph 7#b7 only in accordance with-- 7i7 applicable provisions of a collective bargaining agreement between an employer and a labor organization that has been certified or recognized as the representative of the employees of the employer under applicable law2 or 7ii7 in the case of an employee who is not represented by a labor organization described in clause 7i71 an agreement between the employer and the employee arrived at before the performance of the work that-- 7,i7 the employee enters into knowingly1 voluntarily1 and not as a condition of employment2 and 7,,ii7 is affirmed by a written statement maintained in accordance with section #aa7;c74 7,b7 ,hours designated ,an agreement that is entered into under subparagraph 7,a7 shall provide that1 at the election of the employee1 the employer and the employee will jointly designate flexible credit hours for the employee to work within an applicable period of time4 7#d7 ,hour limit ,an employee participating in a flexible credit hour program may not accrue more than #ej flexible credit hours1 and shall receive overtime compensation for flexible credit hours in excess of #ej hours4 7#e7 ,unused flexible credit hours 7,a7 ,in general ,except as provided in subparagraph 7,b71 not later than ,january #ca of each calendar year1 the employer of an employee who is participating in a flexible credit hour program shall provide monetary compensation for any flexible credit hour accrued during the preceding calendar year that the employee did not use prior to ,december #ca of the preceding calendar year at a rate prescribed by paragraph 7#g77;,a77i74 7,b7 ,alternative compensation period ,an employer may designate and communicate to the employees of the employer a #ab-month period other than the calendar year for determining unused flexible credit hours1 and the employer shall provide monetary compensation1 at a rate prescribed by paragraph 7#g77;,a77i71 not later than #ca days after the end of the #ab-month period4 7#f7 ,program discontinuance and withdrawal 7,a7 ,employer ,an employer that has established a flexible credit hour program under paragraph 7#b7 may discontinue a flexible credit hour program for employees described in paragraph 7#c77;,a77ii7 after providing notice to such employees #cj days before discontinuing such program4 7,b7 ,employee 7i7 ,in general ,an employee may withdraw an agreement described in paragraph 7#c77;,a77ii7 at any time by submitting written notice of withdrawal to the employer of the employee #cj days prior to the withdrawal4 7ii7 ,request for monetary compensation ,an employee may request in writing1 at any time1 that the employer of such employee provide monetary compensation for all accrued and unused flexible credit hours4 ,within #cj days after receiving such written request1 the employer shall provide the employee monetary compensation for such unused flexible credit hours at a rate prescribed by paragraph 7#g77;,a77i74 7#g7 ,monetary compensation 7,a7 ,flexible credit hours 7i7 ,rate of compensation ,an employer providing monetary compensation to an employee for accrued flexible credit hours shall compensate such employee at a rate not less than the regular rate1 as defined in subsection 7e71 of the employee on the date the employee receives the monetary compensation4 7ii7 ,treatment as unpaid overtime ,any monetary payment owed to an employee for unused flexible credit hours under this subsection1 as calculated in accordance with clause 7i71 shall be considered unpaid overtime compensation for the purposes of this ,act4 7,b7 ,overtime hours 7i7 ,in general ,any hour that an employee works in excess of #dj hours in a workweek that is requested in advance by the employer1 other than a flexible credit hour1 shall be an overtime hour4 7ii7 ,rate of compensation ,the employee shall be compensated for each overtime hour at a rate not less than one and one-half times the regular rate at which the employee is employed1 in accordance with subsection 7a77#a71 or receive compensatory time off in accordance with subsection 7s71 for each such overtime hour4 7#h7 ,use of flexible credit hours ,an employer shall permit an employee to use accrued flexible credit hours to take time off work1 in accordance with the rate prescribed by paragraph 7#b71 within a reasonable time after the employee makes a request for such use if the use does not unduly disrupt the operations of the employer4 7#i7 ,prohibition of coercion 7,a7 ,in general ,an employer shall not directly or indirectly intimidate1 threaten1 or coerce1 or attempt to intimidate1 threaten1 or coerce1 any employee for the purpose of interfering with the rights of the employee under this subsection-- 7i7 to elect or not to elect to participate in a flexible credit hour program1 or to elect or not to elect to work flexible credit hours2 or 7ii7 to use or refrain from using accrued flexible credit hours in accordance with paragraph 7#h74 7,b7 ,definition ,in subparagraph 7,a71 the term intimidate1 threaten1 or coerce has the meaning given the term in subsection 7s77#i74 4 #d4 ,remedies ,section #af of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7 is amended-- 7#a7 in subsection 7b71 by striking 7b7 ,any employer and inserting 7b7 ,except as provided in subsection 7f71 any employer2 and 7#b7 by adding at the end the following3 7f7 ,an employer that violates subsection 7s77#i7 or 7t77#i7 of section #g shall be liable to the affected employee in the amount of-- 7#a7 the rate of compensation1 determined in accordance with subsection 7s77#g77;,a7 or 7t77#g77;,a77i7 of section #g1 for each hour of unused compensatory time or for each unused flexible credit hour accrued by the employee2 and 7#b7 liquidated damages equal to the amount determined in paragraph 7#a74 4 #e4 ,notice to ,employees ,not later than #cj days after the date of enactment of this ,act1 the ,secretary of ,labor shall revise the materials the ,secretary provides1 under regulations contained in section #eaf4d of title #bi1 ,code of ,federal ,regulations1 to employers for purposes of a notice explaining the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 to employees so that the notice reflects the amendments made to such ,act by this ,act4 #f4 ,protections for claims relating to compensatory time off and flexible credit hours in bankruptcy proceeding ,section #ejg7;a77#d77;,a7 of title #aa1 ,united ,states ,code1 is amended-- 7#a7 by striking and2 and 7#b7 by inserting 1 the value of unused1 accrued compensatory time off under section #g7s7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7s771 all of which shall be deemed to have been earned within #ahj days before the date of the filing of the petition or the date of the cessation of the debtor's business1 whichever occurs first1 at a rate of compensation not less than the final regular rate received by such individual1 and the value of unused1 accrued flexible credit hours under section #g7t7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg7t771 all of which shall be deemed to have been earned within #ahj days before the date of the filing of the petition or the date of the cessation of the debtor's business1 whichever occurs first1 at a rate of compensation described in paragraph 7#g77;,a77i7 of such section #g7t7 after sick leave pay4 #g4 ,,gao ,report ,beginning #b years after the date of enactment of this ,act and each of the #c years thereafter1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress providing1 with respect to the reporting period immediately prior to each such report-- 7#a7 data concerning the extent to which employers provide compensatory time and flexible credit hours under subsections 7s7 and 7t7 of section #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjg71 as added by this ,act1 and the extent to which employees opt to receive compensatory time under subsection 7s7 and flexible credit hours under subsection 7t72 7#b7 the number of complaints alleging a violation of subsection 7s77#i7 or 7t77#i7 of such section filed by any employee with the ,secretary of ,labor1 and the disposition or status of such complaints2 7#c7 the number of enforcement actions commenced by the ,secretary or commenced by the ,secretary on behalf of any employee for alleged violations of subsection 7s77#i7 or 7t77#i7 of such section1 and the disposition or status of such actions2 and 7#d7 an account of any unpaid wages1 damages1 penalties1 injunctive relief1 or other remedies obtained or sought by the ,secretary in connection with such actions described in paragraph 7#c74 #h4 ,sunset ,this ,act and the amendments made by this ,act shall expire on the date that is #e years after the date of enactment of this ,act4