Working Families Flexibility Act of 2013

Floor Speech

Date: May 8, 2013
Location: Washington, DC

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Mr. CONYERS. Mr. Speaker, I rise today in opposition to H.R. 1406, the so-called ``Working Families Flexibility Act of 2013.'' After reviewing the text, I must confess I am confused about how the Majority came up with the name for this bill. The ``Pay Working Families Less Act of 2013'' certainly does not have the same ring to it--but it would be a fair title for legislation that undermines the rights that workers have struggled for generations to secure. By repealing overtime protections in the Fair Labor Standards Act of 1938, this legislation offers flexibility for bosses eager to exploit their workforce and roll back pro-family reforms that 21st century families need. In their place, is the illusion of flexibility wherein an employee can take overtime compensation in time rather than pay--but only when the employer decides it is convenient.

However, just giving employers more flexibility is not what this bill is really about--H.R. 1406's ultimate goal is the systematic evisceration of overtime laws and all the benefits they guarantee. No longer will employers have an incentive to boost employment by hiring enough workers to do the job. No longer will employers be forced to do something as basic as treat employees equally. No longer will employers be forced to pay every employee time-and-a-half for working more than 40 hours a week. Instead, they can shuffle overtime hours to employees who agree to take time rather than compensation.

Of course, this bill purports to protect against such manipulation. H.R. 1406's sponsor has said that the bill addresses these concerns because it bans employers from intimidating, coercing, and threatening workers. However, she also very clearly and very tellingly failed to include protections against discrimination. This lets employers force their employees to compete against one another for who will do the most work for the least amount of compensation.

If my friends across the aisle were serious about being friendly to families, they would find a way to help them without gutting important wage and hour protections that middle class families need to survive. If my friends across the aisle were serious about workers' familial responsibilities, they would support Representative DeLauro's Health Families Act. If they wanted to ensure that an illness did not bankrupt a family, they would help working families save by supporting the Fair Minimum Wage Act. If they cared about working mothers, they would support the Paycheck Fairness Act so that women aren't receiving 77 cents for every dollar a man earns.

Unfortunately, they simply are not serious--at least not about helping working class families find the stability and security that a flexible work environment offers.

I urge my colleagues to provide working families with legislation that provides real workplace flexibility and oppose this flawed and disingenuous bill.

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