H.R. 1180 - comp time for employees

[LN124308]

What is the board's thoughts on this bill? I see that it was passed mostly down party lines and that some democrats and labor leaders have vocally opposed the bill. My question is: why?

From my research into this issue as well as from reading the bill (found here: https://www.congress.gov/bill/115th-...bill/1180/text) this seems to be a very worker friendly bill that is designed to give worker's more options on how to use their OT as well as more chances for time off.

Worst case scenario, the bill will have no impact, but I see little opportunity for a negative impact.

If you don't like the bill, care to explain why? I'd love to hear from some hourly workers. I don't work hourly, so there could possibly be some hidden impacts that I haven't thought of. If so, I'd love to hear it.

[finnbow]

I think the objection is that employers will coerce employees to take comp time and then later say that "now isn't the time to take off" when they try to use it. The Federal government has long allowed comp time in lieu of overtime, but Federal rules prevent coercion from using it. Unions are fearful that unscrupulous employers won't feel similarly constrained.

[d-ray657]

Several years ago, I handled a lawsuit for prison guards who received comp time in lieu of overtime payments. Problem was that the same reason they were accumulating large banks of comp time prevented them from being able to use it. They were understaffed, and the "free" overtime dulled the incentive to bring on adequate staff. Ultimately, they would be assigned to take their comp time off when people seldom used vacation - like in January. We obtained an order that eliminated the coerced use of comp time and required the employer to pay cash for excess comp time over a particular cap. The point is that employers can manipulate comp time. It provides another method to evade the requirements of the overtime statute.

[whell]

Originally Posted by finnbow

I think the objection is that employers will coerce employees to take comp time and then later say that "now isn't the time to take off" when they try to use it. The Federal government has long allowed comp time in lieu of overtime, but Federal rules prevent coercion from using it. Unions are fearful that unscrupulous employers won't feel similarly constrained.

From the text of the bill:

“(4) PRIVATE EMPLOYER ACTIONS.—An employer that provides compensatory time under paragraph (1) to an employee shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of—

“(A) 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 hours; or

“(B) requiring any employee to use such compensatory time.

[whell]

Originally Posted by d-ray657

Several years ago, I handled a lawsuit for prison guards who received comp time in lieu of overtime payments. Problem was that the same reason they were accumulating large banks of comp time prevented them from being able to use it. They were understaffed, and the "free" overtime dulled the incentive to bring on adequate staff. Ultimately, they would be assigned to take their comp time off when people seldom used vacation - like in January. We obtained an order that eliminated the coerced use of comp time and required the employer to pay cash for excess comp time over a particular cap. The point is that employers can manipulate comp time. It provides another method to evade the requirements of the overtime statute.

Were the prison guards state employees or did they work for a private employer? Under employer "policy", yes, that would be possible. Codified in law where comp time is payable, or accrued, at the OT rate, abuse seems less likely. Not saying it "wouldn't" happen, since employers don't fully understand or comply with all the ins and outs of the FLSA.

[finnbow]

Originally Posted by whell

From the text of the bill:

“(4) PRIVATE EMPLOYER ACTIONS.—An employer that provides compensatory time under paragraph (1) to an employee shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of—

“(A) 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 hours; or

“(B) requiring any employee to use such compensatory time.

No question they needed to put that language in the text of the bill. However, that doesn't mean it will be enforced, particularly with a Republican DOJ and DOL. Trump's DOL has already expressed its intent to cut back on enforcement of Federal worker safety and health standards.

[sheltiedave]

At the VA, "essential" employees were never allowed to bookend comp time at either end with vacation, nor were they allowed to take comp time in excess of six hours. When management has excessive restrictions on use of comp time, virtually all employees would rather be paid OT.

Working in excess of 40 hours a week, for non exempt workers, should directly result in OT. I have seen 40 years of management manipulation of scheduled work hours re OT, and outside of playing favorites, it is never to the worker bees' favor.

[merrylander]

Originally Posted by finnbow

No question they needed to put that language in the text of the bill. However, that doesn't mean it will be enforced, particularly with a Republican DOJ and DOL. Trump's DOL has already expressed its intent to cut back on enforcement of Federal worker safety and health standards.

Sorry Finn but this country does not have any Worker Safety and Health Standards - federal of otherwise else my wife would still be alive. In fact our labour laws date from the eighteenth century.

[LN124308]

As stated above, coercion is expressly prohibited in the bill. That's not to say it won't happen, but not much more the bill can do than expressly prohibit it. Also, for a scenario like the prison guards mentioned above, this bill allows an employee to request that banked comp time be paid out as overtime pay at any time. The employee only has to notify the employer within 30 days. So, if that scenario plays out when they are trying to get an employee to take off in January, but the employee doesn't want to, the employee can instead just turn in that time off and get the OT pay.

No bill is going to eliminate all unscrupulous practices by employers, but there's nothing stopping those same employers from acting wrong now. I don't see any of the supposed issues with the bill as actually being problems with this bill, they are problems with employers. Those problems exist with or without this bill.

Ultimately, this bill gives employees a choice in how to dole out their OT that was not there before. It's a net positive for workers from any objective viewpoint.

[whell]

Originally Posted by finnbow

No question they needed to put that language in the text of the bill. However, that doesn't mean it will be enforced, particularly with a Republican DOJ and DOL. Trump's DOL has already expressed its intent to cut back on enforcement of Federal worker safety and health standards.

But not wage and hour standards, particularly overtime pay. Most admins - Repub and Dem - have supported the FLSA pretty aggressively. Even Bush!

https://www.dol.gov/whd/statistics/2008FiscalYear.htm