HR2870119th CongressWALLET

Working Families Flexibility Act of 2025

Sponsored By: Representative Miller (IL)

In Committee

Summary

Create a private-sector compensatory time option in lieu of overtime pay. This bill would add a new subsection to the Fair Labor Standards Act to create a five-year option letting eligible private-sector employees receive compensatory time off instead of monetary overtime at a rate of 1.5 hours of comp time for each overtime hour worked.

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  • Workers: Non-public-agency employees who have worked at least 1,000 hours for the same employer in a 12-month period may opt in by collective bargaining or a written, verifiable, voluntary pre-performance agreement. They can accrue up to 160 hours of compensatory time and must be paid for unused time at termination at the higher of the rate when earned or the final regular rate.
  • Employers: For each covered period employers must pay unused compensatory time within 31 days after the period ends. Employers may end the compensatory time option with at least 30 days notice and must pay accrued but unused time when they do.
  • Agreements and protections: The option is available only under a collective bargaining agreement or a written voluntary agreement. Employees can withdraw or request pay for accrued comp time and employers are prohibited from intimidating, threatening, or coercing workers for choosing or declining compensatory time.

Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Comp time option for private workers

If enacted, this bill would let eligible private-sector employees choose compensatory time off instead of overtime pay for five years. You would earn 1.5 hours of comp time per overtime hour. To qualify you could not be a public-agency employee. You must have worked at least 1,000 hours for the employer in the prior 12 months. You could accrue up to 160 hours of comp time. Employers would pay unused comp time for each employer year no later than 31 days after that period ends. Employers could cash out amounts over 80 hours after giving at least 30 days' notice and could stop offering comp time with 30 days' notice. Non-represented employees would need a written, verifiable pre-performance agreement signed before the work is done; those employees could withdraw or ask for cash and employers would pay within 30 days. If you leave, employers would pay unused comp time at the higher of the rate when it was earned or your final regular rate. Employers could not intimidate or coerce employees about comp time, and a civil remedy would allow damages equal to the owed compensation if that rule is violated.

Sponsors & CoSponsors

Sponsor

Miller (IL)

IL • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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