Vote Smart's Synopsis:

Vote to pass a bill that authorizes employers to offer compensatory time off in place of overtime pay.

Highlights:

• Authorizes an employee to receive compensatory time off in the place of monetary overtime compensation (Sec. 2).

• Specifies that compensatory time off will be paid at the rate of no less than 1.5 hours for each overtime hour worked (Sec. 2).

• Authorizes an employer to offer compensatory time off as an alternative to monetary overtime compensation if the time is provided in accordance with:

• A collective bargaining agreement between the employer and a labor organization certified as a representative of the employees; or

• An agreement arrived at between the employer and an employee not represented by a labor union before the performance of work and affirmed by a written or otherwise verifiable record.

• Requires such record to verify that (Sec. 2):

• The employer has offered and the employee has chosen to receive compensatory time in place of monetary overtime compensation;

• The agreement is entered into knowingly and voluntarily by such employee; and

• The agreement is not a condition of employment.

• Prohibits an employer from directly or indirectly intimidating, threatening, or coercing any employee for the purpose of:

• Interfering with an employee’s rights to request, or not request, compensatory time in place of overtime pay; or

• Requiring any employee to use such compensatory time.

• Requires any employer who is determined to have violated the above provision to be liable to the affected employee for (Sec. 3):

• The amount of the rate of compensation for each hour of compensatory time off accrued; and

• An additional equal amount as liquidated damages reduced by the amount of such rate.

• Requires an employer to permit an employee to use accrued compensatory time off within a reasonable period after making a request, if the use of such time does not unduly disrupt employer operations (Sec. 2).

• Requires an employer to pay out any unused compensatory time at the higher of the following rates of compensation (Sec. 2):

• The regular rate earned by an employee when the compensatory time was accrued; or

• The regular rate earned by such employee at the time that such compensation was paid to the employee.

• Authorizes an employee to (Sec. 2):

• Withdraw a compensatory time off agreement at any time; or

• Request in writing that monetary compensation be provided at any time for all compensatory time off which has not yet been used.

• Requires an employer to provide monetary compensation by January 31 of each calendar year for any unused compensatory time accrued during the preceding year.

• Authorizes an employer, after giving affected employees at least 30 days’ notice, to (Sec. 2):

• Provide monetary compensation at any time for an employee’s unused compensatory time off if such time off is in excess of 80 hours; or

• Discontinue a compensatory time off policy.

• Requires an employer to pay out any unused compensatory time upon an employee’s voluntary or involuntary termination of employment (Sec. 2).

Full Bill Text

Full Bill Text