What does Preamble of S 1158 do?

This bill proposes to amend the Fair Labor Standards Act of 1938. The proposed amendment aims to provide compensatory time for employees in the private sector.

What does SHORT TITLE. of S 1158 do?

This bill is formally titled the Working Families Flexibility Act of 2025.

What does COMPENSATORY TIME. of S 1158 do?

This section amends the Fair Labor Standards Act of 1938 to allow private employees to receive compensatory time off in lieu of monetary overtime compensation. Employers may offer compensatory time if it's through a collective bargaining agreement or a written agreement with the employee, ensuring the agreement is voluntary and not a condition of employment. Employees must accrue at least 1,000 hours of employment within a 12-month period before receiving compensatory time. An employee may accrue a maximum of 160 hours of compensatory time. Employers must provide monetary compensation for unused compensatory time by January 31st of each year, or within 31 days of the end of a designated 12-month period. Employers can provide monetary compensation for unused compensatory time exceeding 80 hours with 30 days’ notice. Employers can discontinue a compensatory time policy with 30 days’ notice, unless a collective bargaining agreement dictates otherwise. Employees can withdraw agreements for compensatory time or request monetary compensation for accrued time, with employers required to provide payment within 30 days. Employers are prohibited from intimidating, threatening, or coercing employees regarding their right to request or not request compensatory time. Upon termination of employment, employees are entitled to be paid for any accrued, unused compensatory time.

What does REMEDIES. of S 1158 do?

This section amends Section 16 of the Fair Labor Standards Act of 1938. The first sentence of subsection (b) is modified to include an exception as provided in subsection (f). A new subsection (f) is added to Section 16. Subsection (f) establishes liability for employers who violate section 7(r)(4). The liability amount includes the rate of compensation for each hour of compensatory time accrued and an additional equal amount as liquidated damages. Liquidated damages are reduced by the amount of compensation for each hour of compensatory time used.

What does NOTICE TO EMPLOYEES. of S 1158 do?

This section requires the Secretary of Labor to update materials provided to employers regarding the Fair Labor Standards Act of 1938. The update must reflect amendments made by this Act. The update must occur within 30 days of the Act's enactment. The materials are those referenced in 29 CFR 516.4 (or a similar regulation).

What does GAO REPORT. of S 1158 do?

This section mandates that the Comptroller General submit a report to Congress every three years, starting two years after the Act's enactment. The report must include data on employers' provision of compensatory time under section 7(r) of the Fair Labor Standards Act. The report must detail employee opt-in rates for receiving compensatory time. The report must contain information on complaints filed with the Secretary of Labor alleging violations of section 7(r). The report must include the number of enforcement actions initiated by the Secretary regarding alleged violations of section 7(r). The report must describe the disposition or status of complaints and enforcement actions. The report must account for remedies obtained or sought by the Secretary in enforcement actions.

What does SUNSET. of S 1158 do?

This Act, including its amendments, will expire. The Act's expiration will occur 5 years after its enactment.

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Working Families Flexibility Act of 2025 — S. 1158

Last updated: 3/26/2025 · Introduced: 3/26/2025

Author: Mike Lee (R-UT)

TL;DR (AI)

This bill amends the Fair Labor Standards Act to allow private employers and employees to voluntarily agree to compensatory time off in lieu of overtime pay, with specific accrual and usage limits.
Employers violating the law related to compensatory time may be liable for double the value of the compensatory time accrued, with reductions for time actually used.
The bill requires the Secretary of Labor to update informational materials for employers and mandates a report to Congress every three years detailing the implementation and enforcement of the compensatory time provisions, with the Act expiring after five years.

119th Congressin committeeHR. 2870(In Committee)Official page

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Other Sections

Includes provisions on preamble, short title., and 5 more.

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