H.R.2870 - Working Families Flexibility Act of 2025 (119th Congress)
Summary
H.R.2870, the "Working Families Flexibility Act of 2025," proposes to amend the Fair Labor Standards Act of 1938, allowing private-sector employees to receive compensatory time off in lieu of monetary overtime pay. This bill permits employees to accrue compensatory time at a rate of one and one-half hours for each overtime hour worked, subject to certain conditions and limitations. The bill includes provisions for agreements between employers and employees, hour limits on accrued time, and requirements for monetary compensation of unused time.
Expected Effects
If enacted, H.R.2870 would provide employees with the option to choose compensatory time off instead of overtime pay, potentially offering greater flexibility in managing their work-life balance. It also introduces new requirements for employers, including maintaining verifiable records of compensatory time agreements and providing monetary compensation for unused time. The bill mandates a GAO report to assess the extent to which employers provide compensatory time and employees opt to receive it, along with tracking complaints and enforcement actions.
Potential Benefits
- Offers employees greater flexibility in managing work-life balance by choosing time off instead of overtime pay.
- Allows employees to accrue compensatory time, providing potential for extended time off.
- Requires employers to compensate employees for unused compensatory time, ensuring employees receive value for overtime work.
- Includes provisions to protect employees from coercion or intimidation related to compensatory time choices.
- Mandates a GAO report to monitor the implementation and impact of the Act, ensuring accountability and transparency.
Most Benefited Areas:
Potential Disadvantages
- Could lead to potential abuse by employers who may pressure employees to choose compensatory time over overtime pay.
- May disproportionately affect lower-wage workers who rely on overtime pay to make ends meet.
- The complexity of the rules and regulations could create administrative burdens for employers.
- The sunset provision could create uncertainty for both employers and employees.
- The 1,000-hour requirement may exclude part-time or seasonal workers from benefiting from the Act.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is primarily related to Congress's power to regulate commerce under Article I, Section 8, Clause 3 (the Commerce Clause). The Fair Labor Standards Act, which this bill amends, is based on the Commerce Clause. The bill does not appear to infringe upon any individual rights explicitly protected by the Bill of Rights. However, potential challenges could arise if the implementation of the law leads to unfair labor practices that could be argued as violating due process under the Fifth Amendment.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).