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.
Public, Joe
This is comment on Proposed Rule
Updating Regulations Issued Under the Fair Labor Standards Act
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