Public, Joe

Document ID: WHD-2008-0003-0010
Document Type: Public Submission
Agency: Wage And Hour Division
Received Date: August 18 2008, at 03:17 PM Eastern Daylight Time
Date Posted: August 22 2008, at 12:00 AM Eastern Standard Time
Comment Start Date: July 28 2008, at 12:00 AM Eastern Standard Time
Comment Due Date: September 26 2008, at 11:59 PM Eastern Standard Time
Tracking Number: 806cb942
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I would like for you to re-consider the overtime provisions in the Fair Labor Standards Act (FLSA) as it concerns hours in a work week. Due to the rapid rise in gas prices, many employers are trying to develop compressed work week schedules to allow employees to increase their work hours and decrease the number of days they need to be in the office. One alternative schedule that was considered, but then disregarded at a friend's company was working an additional hour each work day for 1 week and also most days of the next week, and then allowing the person an extra day off every 2 weeks. For example instead of working 8-hour days M-F and M-F, they might work 9 hours M-Th, 8 hours F and then the next week work 9 hours M-Th, and have Friday off. This type of alternative work schedule was not considered due to the increased costs to the employer due to Overtime payments required during that first work week (working 44 hours that week and then 36 hours the next week). The FLSA regulations should be amended to allow employers to be able to compensate employees considering a 2-week schedule for overtime purposes instead of only on a one-work-week basis. Somehow it could be written that an employee must voluntarily (and not through intimidation or coercement) volunteer to be paid over a 2-week schedule because it is to the employee's advantage (an extra day off). If there is not an obvious advantage for the employee, then the employer must still compensate based on the standard one-week overtime requirement. Since many employers seem reluctant to change employment practices, the Congress should also consider legislation requiring employers to consider alternative work schedules, telecommuting, flexible work schedules (to allow for public transit/connections, etc) or other similar options. I don't advocate additional costs to employers, but in these times of energy price increases, employers should be required to at least consider and document their approach (or non-approach) to alternative work arrangements that could reduce fuel, electricity, and other consumption. I believe Federal agencies have already had requirements placed on them to try to increase alternative work arrangements, so this isn't too far out of the realm of possibility.

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