On Tuesday, the House voted to pass the Working Families Flexibility Act, a bill to change the way employees are compensated for overtime work. The bill passed 229 to 197; no Democrats voted for the bill and six Republicans voted against it.
Supporters say the bill is aimed at providing more flexibility for hourly workers who put in overtime. Instead of being paid time-and-a-half for working extra hours, workers could instead choose to bank an hour and a half of paid time off.
Opponents, however, claim that the bill actually undermines certain provisions already allowed for under current law and doesn’t provide adequate protections for low-wage workers.
While the bill has passed the House, it still has to move through the Senate where its fate is less clear. There’s a thinner margin in the Senate, and similar bills have passed the House but failed in the Senate.
What the overtime bill does
Employers would be allowed to offer workers the choice between choosing overtime pay or paid time off. For every hour of overtime worked, employees could choose to be paid time-and-a-half wages or earn an hour and half of paid time off to use at a later date.
Employers wouldn’t be able to force workers to take paid time off instead of overtime pay. Employees could accrue up to 160 hours of paid time off each year.
On top of that, employers would be required to pay for unused paid time off within 13 months. Employees could also opt to “cash out” their unused vacation time if they later change their mind.
When workers ask to use their paid time off, employers must let them do so “within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer,” according to Bloomberg.
Support for the bill
Supporters of the overtime bill cite flexibility as the main benefit. They claim that the bill would allow employees the ability to choose to take time off later. The idea is that monetary compensation might not be as important to workers as their time.
Being able to take paid time off and fulfill family responsibilities or other obligations would be a benefit to workers, according to supporters. Instead of taking unpaid leave, they could be paid for the time off when it occurs.
Among supporters of the bill is the Society for Human Resource Management. Organization leaders point to the fact that this option has been available to government employees for decades and they think it’s time to move it into the private sector.
Opposition to the bill
Opponents of the Working Families Flexibility Act claim that it doesn’t actually offer flexibility and that there is the potential for workers to lose out.
They point out that the Fair Labor Standards Act (FLSA), which this bill is meant to amend, doesn’t stop employers from offering paid time off. They are free to do so now if they’d like.
Ross Eisenbrey, Vice President of the Economic Policy Institute, said in a letter to the committee considering the bill that it doesn’t offer enough protections. He pointed out that many workers prefer overtime pay because it helps them make ends meet.
Eisenbrey also took issue with the argument that workers could use the paid time off for family responsibilities. Since many family emergencies crop up with short notice and employers are free to deny these requests based on their disruptiveness to business, workers wouldn’t gain anything, he claimed.
Money versus time
The essence of the bill boils down to the classic tug-of-war between money and time.
Should this bill pass the Senate, you could choose to take overtime pay and use the money later to make up for any unpaid leave. Or you could forgo the immediate pay and bank hours for paid time off later, subject to employer approval.
For the most part, this type of rule affects mainly lower-income hourly workers. Salaried workers often have access to benefits such as set paid time off and paid sick leave. Salaried workers are instead potentially impacted by an Obama-era overtime rule that is now on hold.
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1 Important Disclosures for Earnest.
To qualify, you must be a U.S. citizen or possess a 10-year (non-conditional) Permanent Resident Card, reside in a state Earnest lends in, and satisfy our minimum eligibility criteria. You may find more information on loan eligibility here: https://www.earnest.com/eligibility. Not all applicants will be approved for a loan, and not all applicants will qualify for the lowest rate. Approval and interest rate depend on the review of a complete application.
Earnest fixed rate loan rates range from 3.89% APR (with Auto Pay) to 6.97% APR (with Auto Pay). Variable rate loan rates range from 2.47% APR (with Auto Pay) to 6.30% APR (with Auto Pay). For variable rate loans, although the interest rate will vary after you are approved, the interest rate will never exceed 8.95% for loan terms 10 years or less. For loan terms of 10 years to 15 years, the interest rate will never exceed 9.95%. For loan terms over 15 years, the interest rate will never exceed 11.95% (the maximum rates for these loans). Earnest variable interest rate loans are based on a publicly available index, the one month London Interbank Offered Rate (LIBOR). Your rate will be calculated each month by adding a margin between 1.82% and 5.50% to the one month LIBOR. The rate will not increase more than once per month. Earnest rate ranges are current as of Month/Day/Year, and are subject to change based on market conditions and borrower eligibility.
Auto Pay discount: If you make monthly principal and interest payments by an automatic, monthly deduction from a savings or checking account, your rate will be reduced by one quarter of one percent (0.25%) for so long as you continue to make automatic, electronic monthly payments. This benefit is suspended during periods of deferment and forbearance.
The information provided on this page is updated as of 08/21/18. Earnest reserves the right to change, pause, or terminate product offerings at any time without notice. Earnest loans are originated by Earnest Operations LLC. California Finance Lender License 6054788. NMLS # 1204917. Earnest Operations LLC is located at 302 2nd Street, Suite 401N, San Francisco, CA 94107. Terms and Conditions apply. Visit https://www.earnest.com/terms-of-service, email us at firstname.lastname@example.org, or call 888-601-2801 for more information on ourstudent loan refinance product.
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2 Important Disclosures for Laurel Road.
Laurel Road Disclosures
APR stands for “Annual Percentage Rate.” Rates listed include a 0.25% EFT discount, for automatic payments made from a checking or savings account. Interest rates as of 11/8/2018. Rates subject to change.
Variable rate options consist of a range from 3.27% per year to 6.09% per year for a 5-year term, 4.64% per year to 6.14% per year for a 7-year term, 4.69% per year to 6.19% per year for a 10-year term, 4.94% per year to 6.44% per year for a 15-year term, or 5.19% per year to 6.69% per year for a 20-year term, with no origination fees. APR is subject to increase after consummation. The variable interest rate will change on the first day of every month (“Change Date”) if the Current Index changes. The variable interest rates are based on a Current Index, which is the 1-month London Interbank Offered Rate (LIBOR) (currency in US dollars), as published on The Wall Street Journal’s website. The variable interest rates and Annual Percentage Rate (APR) will increase or decrease when the 1-month LIBOR index changes. The variable interest rates are calculated by adding a margin ranging from 0.98% to 3.80% for the 5-year term loan, 2.35% to 3.85% for the 7-year term loan, 2.40% to 3.90% for the 10-year term loan, 2.65% to 4.15% for the 15-year term loan, and 2.90% to 4.40% for the 20-year term loan, respectively, to the 1-month LIBOR index published on the 25th day of each month immediately preceding each “Change Date,” as defined above, rounded to two decimal places, with no origination fees. If the 25th day of the month is not a business day or is a US federal holiday, the reference date will be the most recent date preceding the 25th day of the month that is a business day. The monthly payment for a sample $10,000 loan at a range of 3.27% per year to 6.09% per year for a 5-year term would be from $180.89 to $193.75. The monthly payment for a sample $10,000 loan at a range of 4.64% per year to 6.14% per year for a 7-year term would be from $139.65 to $146.76. The monthly payment for a sample $10,000 loan at a range of 4.69% per year to 6.19% per year for a 10-year term would be from $104.56 to $111.98. The monthly payment for a sample $10,000 loan at a range of 4.94% per year to 6.44% per year for a 15-year term would be from $78.77 to $86.78. The monthly payment for a sample $10,000 loan at a range of 5.19% per year to 6.69% per year for a 20-year term would be from $67.05 to $75.68.
However, if the borrower chooses to make monthly payments automatically by electronic funds transfer (EFT) from a bank account, the variable rate will decrease by 0.25%, and will increase back up to the regular variable interest rate described in the preceding paragraph if the borrower stops making (or we stop accepting) monthly payments automatically by EFT from the designated borrower’s bank account.
3 Important Disclosures for SoFi.
4 Important Disclosures for LendKey.
Refinancing via LendKey.com is only available for applicants with qualified private education loans from an eligible institution. Loans that were used for exam preparation classes, including, but not limited to, loans for LSAT, MCAT, GMAT, and GRE preparation, are not eligible for refinancing with a lender via LendKey.com. If you currently have any of these exam preparation loans, you should not include them in an application to refinance your student loans on this website. Applicants must be either U.S. citizens or Permanent Residents in an eligible state to qualify for a loan. Certain membership requirements (including the opening of a share account and any applicable association fees in connection with membership) may apply in the event that an applicant wishes to accept a loan offer from a credit union lender. Lenders participating on LendKey.com reserve the right to modify or discontinue the products, terms, and benefits offered on this website at any time without notice. LendKey Technologies, Inc. is not affiliated with, nor does it endorse, any educational institution.
5 Important Disclosures for CommonBond.
Offered terms are subject to change. Loans are offered by CommonBond Lending, LLC (NMLS # 1175900). If you are approved for a loan, the interest rate offered will depend on your credit profile, your application, the loan term selected and will be within the ranges of rates shown.
All Annual Percentage Rates (APRs) displayed assume borrowers enroll in auto pay and account for the 0.25% reduction in interest rate. All variable rates are based on a 1-month LIBOR assumption of 2.28% effective October 10, 2018.
6 Important Disclosures for Citizens Bank.
Citizens Bank Disclosures
|2.47% – 6.99%3||Undergrad & Graduate|
|2.47% – 6.30%1||Undergrad & Graduate|
|2.51% – 8.09%4||Undergrad & Graduate|
|3.02% – 6.44%2||Undergrad & Graduate|
|2.69% – 7.21%5||Undergrad & Graduate|
|2.79% – 8.39%6||Undergrad & Graduate|