Opinion: Working families should get to decide overtime pay

Opinion: Working families should get to decide overtime pay


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Editor's note: The following is an opinion piece from one of Utah's congressional representatives. This article is intended to provide our readers with a better understanding of the positions and decisions of this state representative. The opinions expressed are not necessarily those of ksl.com, its management or ownership.SALT LAKE CITY — One of the greatest privileges of serving in Congress is meeting Utahns from across the state, sharing their stories, and learning from their experiences.

One of the most common challenges I hear comes from working moms and dads dealing with raising a family on a budget, juggling expanding calendars and striving for an acceptable balance of meeting work obligations and family time.

As a father of two, I know how challenging it can be to raise happy, well cared for kids with two working parents. Too many times, as parents, the difficult choice comes down to working more hours or spending time with family. This discussion was the backdrop a couple of weeks ago when the House of Representatives debated the Working Families Flexibility Act.

Finding the balance between work and family life is not a new debate in American politics or a new challenge for American families. In 1938, a law called the Fair Labor Standards Act set guidelines to protect workers from unfair workplace practices that were a real part of our country's industrializing economy. The legislation established the 40-hour work week and provided for time-and-a-half overtime pay for hours worked in excess of 40 hours in a week.

By the 1970s, in light of changing employments practices and trends, Congress reopened the Fair Labor Standards Act and made changes to allow federal government employees the option to choose between pay or compensatory, or 'comp,' time for hours worked over the standard workweek.


As I weighed my decision about how to vote, I considered the reality of today's workforce — that millions of Americans are employed at jobs where this choice would benefit them, and help their families. I believe these citizens deserve a choice.

In 1985, other public sector employees — individuals who work in municipal and state government — were given the same flexibility. For government employees, this system has been running effectively and has allowed them to choose what is best for their families while still meeting the needs of their job.

In the years since the FLSA was modified, there have been additional conversations about whether a similar choice should be offered to private sector employees. As it currently stands, individuals who work in private sector jobs do not have a choice between time-and-a-half overtime pay or time-and-a-half comp time for extra hours worked at their jobs. This has become an increasingly important conversation as we have entered the twenty-first century and the number of families where both parents have professional obligations has continued to rise.

I voted for the Working Families Flexibility Act earlier this month because it gives private sector workers the same choices that government workers have enjoyed for many years. Simply stated, for every hour of overtime worked, a mom or dad could accumulate time-and-a-half of pay or time-and-a-half of paid leave from work, according to their preference.

Critics of the Working Families Flexibility Act say the legislation would allow employers to take away the option of overtime pay. That is simply not true — the legislation gives employees the option to choose between overtime pay and comp time.

Specifically, the Working Families Flexibility Act would set up a voluntary system, both for the employer and the employee. The legislation requires a written agreement, signed by both parties, outlining whether the employee prefers to be compensated with wages or time off from work.

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If an employee would rather be paid time-and-a-half for his or her overtime work, he or she would be free to do so and cannot be coerced to forego this option.

The bill also makes it clear that an employee is free to withdraw from the comp time system and be paid for any paid leave time that has not been used. Finally, at the end of the year, the Working Families Flexibility Act requires the employer to pay employees cash for any unused comp time to ensure that they cannot deny or delay time off or take advantage of their workers.

I will acknowledge that the Working Families Flexibility Act is not perfect. Some worry that employers could pressure workers to accept comp time rather than pay, or could penalize workers who prefer to be paid overtime wages.

While this scenario is possible, it would be illegal, and there are existing recourses for employees in federal law. Others remind us that not every job in our country fits neatly into the structure of choosing overtime pay or time off. Some employees work at jobs where there simply isn't an option to choose comp time.This is true, and this bill may not ease their burden, but it also does not alter their current ability to be paid fairly for overtime hours.

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As I weighed my decision about how to vote, I considered the reality of today's workforce — that millions of Americans are employed at jobs where this choice would benefit them, and help their families. I believe these citizens deserve a choice.

We all know that parenthood produces unique challenges, and this bill is a step forward in helping to meet them. Parents can use their comp time in ways that work for their family's needs like attending a parent teacher conference, carpooling to an extra-curricular activity or taking care of an elderly relative.

What the time is used for is for each family to decide — and what is most important is that we offer employees the flexibility to decide.

It is a privilege to represent the 4th Congressional District and our state in the U.S. Congress. It is my priority as your representative to take thoughtful positions on issues that matter to our state and to be a leader on restoring civility and productivity in government. I am pleased to see there has already been a willingness to get to work on important issues, like the Working Families Flexibility Act, before us and to find solutions that draw support from members on both sides of the aisle. I also see the opportunity to take more significant steps in the right direction in the months to come. I look forward to working with you to make this happen.


Congressman Jim Matheson represents Utah's 4th Congressional District in the United States House of Representative, where he is currently serving his seventh term. He is a member of the House Energy and Commerce Committee. Matheson worked in the energy industry for 13 years prior to his service in Congress.

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