,,ib ,union ,calendar ,no4 #dbb #aaith  
,,congress  #b;d ,session  ,h4 ,r4 #bhgj
 ,report ,no4 #aai-dif ,,in ,,the       
,,house ,,of ,,representatives  ,april  
#aj1 #bjbe,mrs4 ,miller of ,illinois    
introduced the following bill2 which was
 referred to the ,committee on          
,education and ,workforce  ,february    
#ab1 #bjbf,reported with an amendment1  
committed to the ,committee of the      
,whole ,house on the ,state of the      
,union1 and ordered to be printed,strike
 out all after the enacting clause and  
insert the part printed in italic,for   
text of introduced bill1 see copy of    
bill as introduced on ,april #aj1 #bjbe 
,a ,,bill  ,to amend the ,fair ,labor   
,standards ,act of #aich to provide     
compensatory time for employees in the  
private sector4  #a4 ,short title ,this 
,act may be cited as the ,working       
,families ,flexibility ,act of #bjbe4   
#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  7t7  
,compensatory time off for private      
employees  7#a7 ,general rule  7,a7 ,in 
general ,during the #e-year period      
beginning on the date of enactment of   
the ,working ,families ,flexibility ,act
 of #bjbe1 an employee described in     
subparagraph 7,b7 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,b7 ,eligible employee ,an   
employee described in this subparagraph 
is an employee who-- 7i7 is not an      
employee of a public agency2 and  7ii7  
works at least #a1jjj hours for the     
employee's employer during a period of  
continuous employment with the employer 
in the #ab-month period ending on the   
date-- 7,i7 on which the agreement under
 paragraph 7#b77;,b7 is entered into by 
the employee and the employee's         

employer2 or  7,,ii7 of receipt of      
compensatory time off under this        
subsection4  7#b7 ,conditions ,an       
employer 7other than an employer that is
 a public agency subject to subsection  
7o77 may provide compensatory time to   
employees under this subsection only if 
such time is provided in accordance     
with-- 7,a7 applicable provisions of a  
collective bargaining agreement between 
the employer and the labor organization 
that has been certified or recognized as
 the representative of the employees    
under applicable law2 or  7,b7 in the   
case of employees who are not           
represented by a labor organization that
 has been certified or recognized as the
 representative of such employees under 
applicable law1 an agreement arrived at 
between the employer and such an        
employee before the performance of the  
work and affirmed by a written or       
otherwise verifiable record maintained  
in accordance with section #aa7;c7-- 7i7
 in which the employer has offered and  

the employee has chosen to receive      
compensatory time in lieu of monetary   
overtime compensation2 and  7ii7 entered
 into knowingly and voluntarily by such 
employee and not as a condition of      
employment4  7#c7 ,hour limit  7,a7     
,maximum hours ,an employee may accrue  
not more than #afj hours of compensatory
 time under this subsection4  7,b7      
,compensation date  7i7 ,in general ,an 
employer shall provide to the employee1 
not later than #ca days after a covered 
period1 monetary compensation for any   
unused compensatory time accrued during 
such covered period4  7ii7 ,covered     
period ,for the purposes of clause 7i71 
a covered period means-- 7,i7 a calendar
 year2 or  7,,ii7 another #ab-month     
period determined by the employer and   
communicated to the employees of the    
employer4  7,c7 ,excess of #hj hours ,an
 employer may provide monetary          
compensation for the employee's unused  
compensatory time in excess of #hj hours
 at any time after giving the employee  

at least #cj days notice of the         
provision of such monetary compensation4
 ,such compensation shall be provided at
 the rate prescribed by paragraph 7#f74 
7,d7 ,discontinuation of compensatory   
time policy ,except where a collective  
bargaining agreement provides otherwise1
 an employer that offers employees      
compensatory time in accordance with    
this subsection may1 upon giving the    
employees notice of at least #cj days1  
stop offering such compensatory time and
 provide monetary compensation to each  
employee with accrued compensatory time 
that has not yet been used for all such 
accrued1 unused compensatory time4 ,such
 compensation shall be provided at the  
rate prescribed by paragraph 7#f74  7,e7
 ,written requests  7i7 ,in general ,an 
employee who has an agreement described 
in paragraph 7#b77;,b7 with an employer 
may1 in writing1 at any time-- 7,i7     
withdraw from such agreement2 or  7,,ii7
 request that monetary compensation be  
provided for all compensatory time      

accrued that has not yet been used4     
7ii7 ,monetary compensation ,not later  
than #cj days of receiving a written    
request as described in clause          
7i77,,ii71 the employer shall provide   
the employee the monetary compensation  
due in accordance with paragraph 7#f74  
7#d7 ,private employer actions ,an      
employer that provides compensatory time
 under this subsection to employees     
shall not directly or indirectly        
intimidate1 threaten1 or coerce or      
attempt to intimidate1 threaten1 or     
coerce any employee for the purpose of--
 7,a7 interfering with such employee's  
rights under this subsection to request 
or not request compensatory time off in 
lieu of payment of monetary overtime    
compensation for overtime hours2 or     
7,b7 requiring any employee to use such 
compensatory time4  7#e7 ,termination of
 employment ,an employee who has accrued
 compensatory time off authorized to be 
provided under this subsection shall1   
upon the voluntary or involuntary       

termination of employment1 be paid for  
the unused compensatory time in         
accordance with paragraph 7#f74  7#f7   
,rate of compensation  7,a7 ,general    
rule ,if compensation is to be paid to  
an employee for accrued compensatory    
time off under this subsection1 such    
compensation shall be paid at a rate of 
compensation not less than-- 7i7 the    
regular rate received by such employee  
when the compensatory time was earned2  
or  7ii7 the final regular rate received
 by such employee1  whichever is higher4
  7,b7 ,consideration of payment ,any   
payment owed to an employee under this  
subsection for unused compensatory time 
shall be considered unpaid overtime     
compensation4  7#g7 ,use of time ,an    
employee-- 7,a7 who has accrued         
compensatory time off authorized to be  
provided under this subsection2 and     
7,b7 who has requested the use of such  
compensatory time1  shall be permitted  
by the employee's employer to use such  
time within a reasonable period after   

making the request if the use of the    
compensatory time does not unduly       
disrupt the operations of the employer4 
7#h7 ,definitions ,for purposes of this 
subsection1 the terms overtime          
compensation1 compensatory time1 and    
compensatory time off have the meanings 
given such terms in subsection 7o77#g74 
4  #c4 ,remedies ,section #af of the    
,fair ,labor ,standards ,act of #aich   
7#bi ,u4,s4,c4 #baf7 is amended-- 7#a7  
in subsection 7b71 in the first         
sentence1 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 section  
#g7t77#d7 shall be liable to the        
employee affected in the amount of the  
rate of compensation 7determined in     
accordance with section #g7t77#f77;,a77 
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 employee4
  4  #d4 ,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 
published in section #eaf4d of title    
#bi1 ,code of ,federal ,regulations1 and
 any corresponding similar regulations  
or rulings 7or any successor regulations
 or rulings71 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 such 
notice reflects the amendments made to  
such ,act by this ,act4  #e4 ,,gao      
report ,not later than #b years after   
the date of enactment of this ,act and  
annually thereafter for #d years1 the   
,comptroller ,general shall submit a    
report to ,congress providing1 with     
respect to the #a-year period preceding 
each such report-- 7#a7 data concerning 
the extent to which employers provide   

compensatory time pursuant to section   
#g7t7 of the ,fair ,labor ,standards    
,act of #aich1 as added by this ,act1   
and the extent to which employees opt to
 receive compensatory time2  7#b7 the   
number of complaints alleging a         
violation of such section filed by any  
employee with the ,secretary of ,labor2 
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 such 
section2  7#d7 the disposition or status
 of such complaints and actions         
described in paragraphs 7#b7 and 7#c72  
and  7#e7 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  ,february #ab1 #bjbf,reported   
with an amendment1 committed to the     
,committee of the ,whole ,house on the  
,state of the ,union1 and ordered to be 
printed