House Approves Comp Time Bill Legislation Gives Workers The Option Of Time Off In Lieu Of Overtime Pay

The House shrugged off a presidential veto threat Wednesday to narrowly approve legislation that would give wage earners the option of taking time off instead of pay for overtime work.

Republican backers said it would liberate American workers by giving them more time with their families. Democrats and unions said it would open the door to employer abuses.

The vote was 222-210, with only 13 Democrats backing the measure that Republicans have made one of their top legislative priorities of this congressional session.

“For too long parents have had to choose between work and spending time with their children,” said Rep. Jennifer Dunn, R-Wash. in urging passage. “That’s a tragedy.”

A similar bill has committee approval in the Senate and is slated to reach the Senate floor in April.

President Clinton has endorsed extending compensatory time off, or “comp time,” to more workers, but the GOP bill highlighted a deep philosophical divide between Republicans and business on one side and Democrats and unions on the other.

“The unions have applied unbelievable pressure,” Rep. Cass Ballenger, R-N.C., a chief sponsor of the measure, told reporters before Wednesday’s vote. “This is a red flag to the unions.”

Opponents said the bill offers workers little protection from employers who might discriminate against those wanting pay rather than time off.

“In the real world, if your boss tells you to take time off instead of getting extra pay, you either do what you are told or you start packing your gear,” said Rep. Joe Moakley, D-Mass.

Clinton, in a letter Wednesday to House Speaker Newt Gingrich, said he strongly opposed the legislation and would veto it.

“Although I am prepared to support and sign a responsible comp time bill, I intend to veto any legislation that fails to guarantee real choice for employees, real protection against employer abuse and preservation of fair labor standards such as the 40-hour work week and the right to overtime pay,” he said.

Democrats have even stronger objections to a companion bill that was approved by the Senate Labor Committee this week because it includes “flex time,” allowing workers, for example, to work 50 hours one week and 30 hours the next. They said this could undermine the 40-hour work week.

Under the GOP bill, one hour of overtime worked would equal 1-1/2 hours of paid time off with regular pay. Employees would have to agree to the comp time option, and employers would have the right not to offer it.

About 60 percent of American workers are now covered by the Fair Labor Standards Act, which guarantees 1-1/2 times regular wages for every hour worked beyond a 40-hour week. Professionals, managers and other salaried employees have more flexibility to vary their hours to compensate for extra work.

Workers covered by the 1938 law can’t waive their right to overtime pay, or trade it for another benefit, such as paid vacation. An exception is that companies are allowed to offer, or force, comp time as long as it is taken during the same pay period that the overtime occurs.

Education Committee Chairman Rep. William Goodling, R-Pa., sought to ease opposition with an amendment that would exclude those who don’t work 1,000 hours with the same employer in a year.

He also proposed that the maximum hours of comp time that can be accrued in a year be reduced from 240 to 160 hours. Democrats pushed for 80 hours, saying that was the best level to protect paychecks.

A third Goodling amendment would have the bill expire after five years so that Congress could review its effectiveness at that time. All three passed by large margins.