S. 3159 (106th): A bill to amend the Fair Labor Standards Act of 1938 to clarify provisions relating to the ...

...use of accrued compensatory time by certain public employees.

106th Congress, 1999–2000. Text as of Oct 04, 2000 (Introduced).

Status & Summary | PDF | Source: GPO

S 3159 IS

106th CONGRESS

2d Session

S. 3159

To amend the Fair Labor Standards Act of 1938 to clarify provisions relating to the use of accrued compensatory time by certain public employees.

IN THE SENATE OF THE UNITED STATES

October 4 (legislative day, SEPTEMBER 22), 2000

Mr. ASHCROFT introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


A BILL

To amend the Fair Labor Standards Act of 1938 to clarify provisions relating to the use of accrued compensatory time by certain public employees.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. AMENDMENT TO THE FAIR LABOR STANDARDS ACT OF 1938.

    (a) IN GENERAL- Paragraph (5) of section 7(o) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(o)(5)) is amended to read as follows:

    ‘(5)(A) An employee of a public agency which is a State, political subdivision of a State, or an interstate governmental agency--

      ‘(i) who has accrued compensatory time off authorized to be provided under paragraph (1), and

      ‘(ii) who has requested the use of such compensatory time,

    shall be permitted by the employee’s employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the public agency.

    ‘(B)(i) An employer to which subparagraph (A) applies may not compel an employee to use accrued compensatory time absent a request from such employee for the use of such time.

    ‘(ii)(I) Not later than January 31 of each calendar year, an employer to which subparagraph (A) applies shall provide monetary compensation for any unused compensatory time off accrued by an employee during the preceding calendar year that was not used prior to December 31 of the preceding calendar year at the rate of compensation prescribed by subclause (II). An employer may designate and communicate to the employees of the employer a 12-month period other than the calendar year, in which case the compensation shall be provided not later than 31 days after the end of the 12-month period.

    ‘(II) The rate of compensation prescribed in this subclause is a rate that is not less than--

      ‘(aa) the regular rate of compensation received by the employee involved when the compensatory time off was earned; or

      ‘(bb) the final regular rate of compensation received by such employee;

    whichever is higher.

    ‘(iii) An employer to which subparagraph (A) applies shall provide an employee, upon the written request of the employee, with monetary compensation for the employee’s unused compensatory time off. Such compensation shall be paid by the employer not later 30 days after the date on which the employer receives the written request for such monetary compensation. The compensation shall be provided at the rate prescribed by clause (ii)(II).

    ‘(C)(i) Except as provided in clause (ii), the acceptance by an employee to which this paragraph applies of compensatory time off in lieu of monetary overtime compensation may not be a condition of employment.

    ‘(ii) In a case in which a valid collective bargaining agreement exists between an employer to which subparagraph (A) applies 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 subparagraph to receive compensatory time off in lieu of monetary overtime compensation in accordance with the agreement.

    ‘(D)(i)(I) An employer to which subparagraph (A) applies shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any employee for the purpose of--

      ‘(aa) interfering with the rights of the employee under this paragraph to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours;

      ‘(bb) interfering with the rights of the employee to use accrued compensatory time off in accordance with this paragraph; or

      ‘(cc) requiring the employee to use the compensatory time off.

    ‘(II) In subclause (I), the term ‘intimidate, threaten, or coerce’ includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation) or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).

    ‘(ii) An employer to which subparagraph (A) applies shall permit an employee to elect, for an applicable workweek--

      ‘(I) the payment of monetary overtime compensation for the workweek; or

      ‘(II) the accrual of compensatory time off in lieu of the payment of monetary overtime compensation for the workweek.’.

    (b) REMEDIES AND SANCTIONS- Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended by adding at the end the following:

    ‘(f) In addition to any amount that an employer is liable under subsection (b) for a violation of a provision of section 7, an employer that violates section 7(o)(5) shall be liable to the employee affected in an amount equal to--

      ‘(1) the product of--

        ‘(A) the rate of compensation (determined in accordance with section 7(o)(5)(B)(ii)(II)); and

        ‘(B)(i) the number of hours of compensatory time off involved in the violation that was initially accrued by the employee; minus

        ‘(ii) the number of such hours used by the employee; and

      ‘(2) as liquidated damages, the product of--

        ‘(A) such rate of compensation; and

        ‘(B) the number of hours of compensatory time off involved in the violation that was initially accrued by the employee.’.