HR 2870
· 119th Congress
· Labor and Employment
Working Families Flexibility Act of 2025
Sponsor
Latest action
Placed on the Union Calendar, Calendar No. 422.
Action timeline
Every recorded action on this bill, newest first. Stage badges color-code the legislative path.
Feb 12, 2026
committee
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-496.
Education and Workforce Committee
Feb 12, 2026
other
Placed on the Union Calendar, Calendar No. 422.
Nov 20, 2025
committee
Committee Consideration and Mark-up Session Held
Education and Workforce Committee
Nov 20, 2025
committee
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
Education and Workforce Committee
Apr 10, 2025
introduced
Introduced in House
Apr 10, 2025
introduced
Referred to the House Committee on Education and Workforce.
Education and Workforce Committee
Text versions
Each stage of the bill — official text published by GPO. Click any format to read on congress.gov / govinfo.
Changelog
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih / is — Introduced in House / Senate. First filed version.rfh / rfs — Referred to a committee for review.rh / rs — Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs / pch — Placed on Calendar for floor consideration.eh / es — Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh / rds — Received by the other chamber.eah / eas — Engrossed Amendment. The other chamber passed an amended version.ath / ats — Agreed to. Both chambers settled on the same text.enr — Enrolled. Final reconciled text, sent to the President.pl — Public Law. Signed by the President. It's now law.pp — Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
ⓘ
How a bill moves through Congress. Each stage produces a new official text. The diff between them shows what changed at that step.
ih/is— Introduced in House / Senate. First filed version.rfh/rfs— Referred to a committee for review.rh/rs— Reported back by the committee to the floor (often with amendments — this is where most language changes happen).pcs/pch— Placed on Calendar for floor consideration.eh/es— Engrossed. Passed by the originating chamber. Text is now what was actually voted on.rdh/rds— Received by the other chamber.eah/eas— Engrossed Amendment. The other chamber passed an amended version.ath/ats— Agreed to. Both chambers settled on the same text.enr— Enrolled. Final reconciled text, sent to the President.pl— Public Law. Signed by the President. It's now law.pp— Public Print. Official printing post-enactment.
Most bills die before eh/es. Going from pcs → enr is the full path through both chambers.
Line-level diff between text versions of this bill — what actually changed at each legislative stage.
+130
−76
73 unchanged
--- Introduced (House)
+++ Reported (House)
@@ -1,11 +1,14 @@
[From the U.S. Government Publishing Office]
-[H.R. 2870 Introduced in House (IH)]
+[H.R. 2870 Reported in House (RH)]
<DOC>
+Union Calendar No. 422
119th CONGRESS
-1st Session
+2d Session
H. R. 2870
+
+[Report No. 119-496]
To amend the Fair Labor Standards Act of 1938 to provide compensatory
time for employees in the private sector.
@@ -18,6 +21,15 @@
Mrs. Miller of Illinois introduced the following bill; which was
referred to the Committee on Education and Workforce
+
+February 12, 2026
+
+Reported with an amendment, committed to the Committee of the Whole
+House on the State of the Union, and ordered to be printed
+[Strike out all after the enacting clause and insert the part printed
+in italic]
+[For text of introduced bill, see copy of bill as introduced on April
+10, 2025]
_______________________________________________________________________
@@ -39,14 +51,34 @@
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)
is amended by adding at the end the following:
``(t) Compensatory Time Off for Private Employees.--
-``(1) General rule.--An employee may receive, in accordance
-with this subsection and in lieu of monetary overtime
-compensation, compensatory time off at a rate not less than one
-and one-half hours for each hour of employment for which
-overtime compensation is required by this section.
-``(2) Conditions.--An employer may provide compensatory
-time to employees under paragraph (1) only if such time is
-provided in accordance with--
+``(1) General rule.--
+``(A) In general.--During the 5-year period
+beginning on the date of enactment of the Working
+Families Flexibility Act of 2025, an employee described
+in subparagraph (B) may receive, in accordance with
+this subsection and in lieu of monetary overtime
+compensation, compensatory time off at a rate not less
+than one and one-half hours for each hour of employment
+for which overtime compensation is required by this
+section.
+``(B) Eligible employee.--An employee described in
+this subparagraph is an employee who--
+``(i) is not an employee of a public
+agency; and
+``(ii) works at least 1,000 hours for the
+employee's employer during a period of
+continuous employment with the employer in the
+12-month period ending on the date--
+``(I) on which the agreement under
+paragraph (2)(B) is entered into by the
+employee and the employee's employer;
+or
+``(II) of receipt of compensatory
+time off under this subsection.
+``(2) Conditions.--An employer (other than an employer that
+is a public agency subject to subsection (o)) may provide
+compensatory time to employees under this subsection only if
+such time is provided in accordance with--
``(A) applicable provisions of a collective
bargaining agreement between the employer and the labor
organization that has been certified or recognized as
@@ -56,7 +88,7 @@
represented by a labor organization that has been
certified or recognized as the representative of such
employees under applicable law, an agreement arrived at
-between the employer and employee before the
+between the employer and such an employee before the
performance of the work and affirmed by a written or
otherwise verifiable record maintained in accordance
with section 11(c)--
@@ -67,51 +99,58 @@
``(ii) entered into knowingly and
voluntarily by such employee and not as a
condition of employment.
-No employee may receive or agree to receive compensatory time
-off under this subsection unless the employee has worked at
-least 1,000 hours for the employee's employer during a period
-of continuous employment with the employer in the 12-month
-period before the date of agreement or receipt of compensatory
-time off.
``(3) Hour limit.--
``(A) Maximum hours.--An employee may accrue not
-more than 160 hours of compensatory time.
-``(B) Compensation date.--Not later than January 31
-of each calendar year, the employee's employer shall
-provide monetary compensation for any unused
-compensatory time off accrued during the preceding
-calendar year that was not used prior to December 31 of
-the preceding calendar year at the rate prescribed by
-paragraph (6). An employer may designate and
-communicate to the employer's employees a 12-month
-period other than the calendar year, in which case such
-compensation shall be provided not later than 31 days
-after the end of such 12-month period.
-``(C) Excess of 80 hours.--The employer may provide
-monetary compensation for an employee's unused
+more than 160 hours of compensatory time under this
+subsection.
+``(B) Compensation date.--
+``(i) In general.--An employer shall
+provide to the employee, not later than 31 days
+after a covered period, monetary compensation
+for any unused compensatory time accrued during
+such covered period.
+``(ii) Covered period.--For the purposes of
+clause (i), a covered period means--
+``(I) a calendar year; or
+``(II) another 12-month period
+determined by the employer and
+communicated to the employees of the
+employer.
+``(C) Excess of 80 hours.--An employer may provide
+monetary compensation for the employee's unused
compensatory time in excess of 80 hours at any time
-after giving the employee at least 30 days notice. Such
+after giving the employee at least 30 days notice of
+the provision of such monetary compensation. Such
compensation shall be provided at the rate prescribed
by paragraph (6).
-``(D) Policy.--Except where a collective bargaining
-agreement provides otherwise, an employer that has
-adopted a policy offering compensatory time to
-employees may, upon giving employees 30 days notice,
-discontinue such policy and provide monetary
-compensation to each employee with accrued compensatory
-time that has not yet been used for all such
-compensatory time. Such compensation shall be provided
-at the rate prescribed by paragraph (6).
-``(E) Written request.--An employee may withdraw an
-agreement described in paragraph (2)(B) at any time. An
-employee may also request in writing that monetary
-compensation be provided, at any time, for all
-compensatory time accrued that has not yet been used.
-Within 30 days of receiving the written request, the
-employer shall provide the employee the monetary
-compensation due in accordance with paragraph (6).
+``(D) Discontinuation of compensatory time
+policy.--Except where a collective bargaining agreement
+provides otherwise, an employer that offers employees
+compensatory time in accordance with this subsection
+may, upon giving the employees notice of at least 30
+days, stop offering such compensatory time and provide
+monetary compensation to each employee with accrued
+compensatory time that has not yet been used for all
+such accrued, unused compensatory time. Such
+compensation shall be provided at the rate prescribed
+by paragraph (6).
+``(E) Written requests.--
+``(i) In general.--An employee who has an
+agreement described in paragraph (2)(B) with an
+employer may, in writing, at any time--
+``(I) withdraw from such agreement;
+or
+``(II) request that monetary
+compensation be provided for all
+compensatory time accrued that has not
+yet been used.
+``(ii) Monetary compensation.--Not later
+than 30 days of receiving a written request as
+described in clause (i)(II), the employer shall
+provide the employee the monetary compensation
+due in accordance with paragraph (6).
``(4) Private employer actions.--An employer that provides
-compensatory time under paragraph (1) to employees shall not
+compensatory time under this subsection to employees shall not
directly or indirectly intimidate, threaten, or coerce or
attempt to intimidate, threaten, or coerce any employee for the
purpose of--
@@ -123,14 +162,14 @@
compensatory time.
``(5) Termination of employment.--An employee who has
accrued compensatory time off authorized to be provided under
-paragraph (1) shall, upon the voluntary or involuntary
+this subsection shall, upon the voluntary or involuntary
termination of employment, be paid for the unused compensatory
time in accordance with paragraph (6).
``(6) Rate of compensation.--
``(A) General rule.--If compensation is to be paid
-to an employee for accrued compensatory time off, such
-compensation shall be paid at a rate of compensation
-not less than--
+to an employee for accrued compensatory time off under
+this subsection, such compensation shall be paid at a
+rate of compensation not less than--
``(i) the regular rate received by such
employee when the compensatory time was earned;
or
@@ -143,20 +182,17 @@
compensation.
``(7) Use of time.--An employee--
``(A) who has accrued compensatory time off
-authorized to be provided under paragraph (1); and
+authorized to be provided under this subsection; and
``(B) who has requested the use of such
compensatory time,
shall be permitted by the employee's employer to use such time
within a reasonable period after making the request if the use
of the compensatory time does not unduly disrupt the operations
of the employer.
-``(8) Definitions.--For purposes of this subsection--
-``(A) the term `employee' does not include an
-employee of a public agency; and
-``(B) the terms `overtime compensation',
-`compensatory time', and `compensatory time off' shall
-have the meanings given such terms by subsection
-(o)(7).''.
+``(8) Definitions.--For purposes of this subsection, the
+terms `overtime compensation', `compensatory time', and
+`compensatory time off' have the meanings given such terms in
+subsection (o)(7).''.
SEC. 3. REMEDIES.
@@ -179,17 +215,18 @@
Not later than 30 days after the date of enactment of this Act, the
Secretary of Labor shall revise the materials the Secretary provides,
under regulations published in section 516.4 of title 29, Code of
-Federal Regulations (or any corresponding similar regulation or
-ruling), to employers for purposes of a notice explaining the Fair
-Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) to employees so
-that such notice reflects the amendments made to such Act by this Act.
+Federal Regulations, and any corresponding similar regulations or
+rulings (or any successor regulations or rulings), to employers for
+purposes of a notice explaining the Fair Labor Standards Act of 1938
+(29 U.S.C. 201 et seq.) to employees so that such notice reflects the
+amendments made to such Act by this Act.
SEC. 5. GAO REPORT.
-Beginning 2 years after the date of enactment of this Act and each
-of the 3 years thereafter, the Comptroller General shall submit a
-report to Congress providing, with respect to the reporting period
-immediately prior to each such report--
+Not later than 2 years after the date of enactment of this Act and
+annually thereafter for 4 years, the Comptroller General shall submit a
+report to Congress providing, with respect to the 1-year period
+preceding each such report--
(1) data concerning the extent to which employers provide
compensatory time pursuant to section 7(t) of the Fair Labor
Standards Act of 1938, as added by this Act, and the extent to
@@ -205,9 +242,26 @@
injunctive relief, or other remedies obtained or sought by the
Secretary in connection with such actions described in
paragraph (3).
-
-SEC. 6. SUNSET.
-
-This Act and the amendments made by this Act shall expire 5 years
-after the date of enactment of this Act.
-<all>
+Union Calendar No. 422
+
+119th CONGRESS
+
+2d Session
+
+H. R. 2870
+
+[Report No. 119-496]
+
+_______________________________________________________________________
+
+A BILL
+
+To amend the Fair Labor Standards Act of 1938 to provide compensatory
+time for employees in the private sector.
+
+_______________________________________________________________________
+
+February 12, 2026
+
+Reported with an amendment, committed to the Committee of the Whole
+House on the State of the Union, and ordered to be printed
Lobbying activity
Organizations whose LDA filings reference this bill, ranked by filing count. Position not disclosed — LDA does not require lobbyists to report support / oppose / monitor. Bill-number references can be stale (lobbyists sometimes copy text year-over-year), so verify against the filing description.
4
filings · 2026 Q3
3
filings · 2026 Q3
2
filings · 2026 Q4
2
filings · 2026 Q4
2
filings · 2026 Q4
AFL-CIO
LBR
2
filings · 2026 Q4
2
filings · 2026 Q4
via Senate LDA · self-reported quarterly. Filing count = filings mentioning this bill (no position required), not money spent on it. Click a client to see all bills they've filed on.