New Workplace Flexibility Provisions Pass House with Noem Support

Press Release

Representative Kristi Noem today joined the U.S. House of Representatives in passing H.R.1180, the Working Families Flexibility Act. If enacted, this legislation would allow employers to give workers more flexibility in choosing between overtime pay and additional time off -- a choice that's difficult to offer under existing labor laws.

"It's tough to balance work and family, so any additional flexibility we can offer is a move in the right direction," said Noem. "Unfortunately, today's labor laws make it harder to offer this flexibility. And in South Dakota, where we have the highest percentage of working moms in the country, it creates challenges for many families. With this legislation, if people are asked to work extra hours, they'll finally be given the ability to choose the compensation that would work best for them and their family: a few extra dollars or a little more time at home with their family."

More specifically, H.R.1180 ensures:

The decision to receive comp time is completely voluntary. An employee who prefers to receive cash payment for overtime hours worked is always free to do so.
Workers can withdraw from a comp time agreement whenever they choose. An employee who changes his or her mind will receive cash wages at the overtime rate of time-and-a-half for accrued comp time within 30 days.
An employee can cash out his or her unused comp time for any reason and at any time. Employers are required to provide cash wages at the overtime rate of time-and-a-half within 30 days of receiving an employee request.
No worker can be intimidated, coerced, or forced to accept comp time instead of cash wages. Employers who coerce employees into choosing comp time would be liable to the employees for double damages.

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