| THIS IS A READ-ONLY ARCHIVE FROM THE SORABJI.COM MESSAGE BOARDS (1995-2016). |
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(a) COMPENSATORY TIME OFF- Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: `(r)(1)(A) Except as provided in subparagraph (B), no employee may be required under this subsection to receive compensatory time off in lieu of monetary overtime compensation. The acceptance of compensatory time off in lieu of monetary overtime compensation may not be a condition of employment or of working overtime. `(B) In a case in which a valid collective bargaining agreement exists between an employer and the labor organization that has been certified or recognized as the representative of the employees of the employer under applicable law, an employee may only be required under this subsection to receive compensatory time off in lieu of monetary overtime compensation in accordance with the agreement. `(2)(A) An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which monetary overtime compensation is required by this section. `(B) In this subsection: `(i) The term `employee' means an individual-- `(I) who is an employee (as defined in section 3); `(II) who is not an employee of a public agency; and `(III) to whom subsection (a) applies. `(ii) The term `employer' does not include a public agency. `(3) An employer may provide compensatory time off to employees under paragraph (2)(A) only pursuant to the following: `(A) The compensatory time off may be provided only in accordance with-- `(i) 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 law; or `(ii) in the case of an employee who is not represented by a labor organization described in clause (i), a written agreement arrived at between the employer and employee before the performance of the work involved if the agreement was entered into knowingly and voluntarily by such employee and was not a condition of employment. `(B) The compensatory time off may only be provided to an employee described in subparagraph (A)(ii) if such employee has affirmed, in a written statement that is made, kept, and preserved in accordance with section 11(c), that the employee has chosen to receive compensatory time off in lieu of monetary overtime compensation. `(C) No employee may receive, or agree to receive, the compensatory time off unless the employee has been employed for at least 12 months by the employer, and for at least 1,250 hours of service with the employer during the previous 12-month period. `(D) An employee shall be eligible to accrue compensatory time off if such employee has not accrued compensatory time off in excess of the limit applicable to the employee prescribed by paragraph (4). `(4)(A) An employee may accrue not more than 160 hours of compensatory time off. `(B) Not later than January 31 of each calendar year, the employer of the employee shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year that was not used prior to December 31 of the preceding calendar year |
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May have to forward that to HR! |
But it's still unclear whether the time off is paid time off? or is that a given? Plus, I don't like that employers decide when the comp time can be taken one bit. |
I think comp time could be a good option, but it would have to be comp time as needed by the employee which makes things difficult. I think that if the employee wants the money and not the comp time that should be an option too. I didn't understand that thing Spunky posted. I guess my brain isn't at full speed yet. |
is anyone thinking, though, of the impact being required to pay overtime might have on a company's financial outlook in this shitter economy? if you dont use the time you get it paid at the end of the year? I dunno...as a family man these days, time off is just as valuable as the pay. i dont think its as damning as labor is making it....and i think consideration needs to be given to the fact that in these times, we all have to tighten our belts. its in your interest to help your company trim edges or you could be out a job completely. |
I usually work 48-60 hours a week and get not one minute of comptime or OT. I am still trying to figure this thing out and also, there appears to be a house version and a senate version. |