HR 1406 · 113th Congress 2013–2015, ended

Working Families Flexibility Act of 2013

Latest action · May 9, 2013 Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 9, 2013
  2. Passed HouseMay 8, 2013
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Working Families Flexibility Act of 2013 - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time 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.

Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year.

Requires an employer to give employees 30-day notice before discontinuing compensatory time off.

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.

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.

Directs the Comptroller General (GAO) to report to Congress on: (1) the extent to which employers provide compensatory time off and employees opt to receive it; (2) the number of complaints filed by an employee with the Secretary of Labor alleging a violation of the requirements as well as enforcement actions commenced by the Secretary on behalf of an aggrieved employee; (3) the disposition of such complaints and actions; and (4) any unpaid wages, damages, penalties, injunctive relief, or other remedies sought by the Secretary in connection with such actions.

Recorded votes 3

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 137On PassagePassed223–204May 8, 2013

Yea 223

Nay 204

House 136Failed200–227May 8, 2013
House 135Agreed to384–42May 8, 2013

Cosponsors 168

Members who signed on, in the order they did. Signatures ran from Apr 9, 2013 to Apr 30, 2013; 3 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-WACathy McMorris RodgersOriginalApr 9, 2013
R-MNJohn KlineOriginalApr 9, 2013
R-MITim WalbergOriginalApr 9, 2013
R-MOAnn WagnerApr 10, 2013
R-LABill CassidyApr 10, 2013
R-VABob GoodlatteApr 10, 2013
R-CADana RohrabacherApr 10, 2013
R-MIDave CampApr 10, 2013
R-TNDavid P. RoeApr 10, 2013
R-TNDiane BlackApr 10, 2013
R-CADuncan HunterApr 10, 2013
R-OKFrank D. LucasApr 10, 2013
R-ORGreg WaldenApr 10, 2013
R-NCHoward CobleApr 10, 2013
R-CAHoward P. "Buck" McKeonApr 10, 2013

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEducation and Workforce Committee
Referred Apr 9, 2013Hearings Apr 11, 2013Markup Apr 17, 2013Reported Apr 30, 2013
SenateHealth, Education, Labor, and Pensions Committee
Referred May 9, 2013

Actions 22

Everything that happened, newest first.

  1. May 9, 2013Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  2. May 8, 2013Considered under the provisions of rule H. Res. 198. (consideration: CR H2502-2522; text of measure as reported in House: CR H2502-2503)
  3. May 8, 2013Rule provides for consideration of H.R. 1406 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
  4. May 8, 2013DEBATE - The House proceeded with one hour of debate on H.R. 1406.
  5. May 8, 2013DEBATE - Pursuant to the provisions of H.Res. 198, the House proceeded with 10 minutes of debate on the Gibson amendment.

In the Congressional Record 13

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H7557Eric Cantor R-VADec 5, 2013
HouseDebate and remarks H5076Eric Cantor R-VAJul 25, 2013
HouseDebate and remarks H4843Martha Roby R-ALJul 22, 2013
HouseDebate and remarks H3227Eric Cantor R-VA, Steny H. Hoyer D-MDJun 6, 2013
HouseDebate and remarks H3027Tim Walberg R-MIJun 4, 2013

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Apr 19, 2013H.R. 1406, Working Families Flexibility Act of 2013As ordered reported by the House Committee on Education and the Workforce on April 17, 2013

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, section 8 of the Constitution of the United States

The sponsor’s statement, as printed in the page H1858.

Printed hearings 2

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 113-837ECONOMIC SECURITY FOR WORKING WOMEN: A ROUNDTABLE DISCUSSION99 pagesHealth, Education, Labor, and Pensions CommitteeMay 20, 2014
Serial No. 113-13H.R. 1406, WORKING FAMILIES FLEXIBILITY ACT OF 201352 pagesEducation and Workforce CommitteeApr 11, 2013

Amendments 2

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 58Amendment in the nature of a substitute.Rules CommitteeHouse amendment offered
HAmdt 59Amendment adds a new section 5 requiring GAO to submit a report to Congress on the usage of compensatory time allowed under the Act and which details any complaints filed or any enforcement actions taken for alleged violations of the Act.Christopher P. Gibson R-NYOn agreeing to the Gibson amendment (A002) Agreed to by the Yeas and Nays: 384 - 42 (Roll no. 135).

Related bills 3

Companion bills and other measures the record links to this one.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Fair Labor Standards Act of 1938 to provide compensatory time for employees in the private sector.
Short Titles as Introduced
Working Families Flexibility Act of 2013
Short Titles as Reported to House
Working Families Flexibility Act of 2013
Short Titles as Passed House
Working Families Flexibility Act of 2013

Subjects

Assigned by the Library of Congress. Policy area: Labor and Employment.

Text 4

Each version as it was printed, newest first.

  1. May 9, 2013Referred in Senate
  2. May 8, 2013Engrossed in House
  3. Apr 30, 2013Reported in House
  4. Apr 9, 2013Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.