S 801 Working Families Flexibility Act of 2017

About S.801

Working Families Flexibility Act of 2017 This bill amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to their employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required, but only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. This bill prohibits an employee from accruing more than 160 hours of compensatory time. An employer must provide monetary compensation for any unused compensatory time off accrued during the preceding year. This bill requires an employer to give employees 30-day notice before discontinuing compensatory time off. This bill prohibits an employer from intimidating, threatening, or coercing an employee in order to:

• (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or
• (2) require an employee to use such compensatory time

This bill makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used.