Federal Regulation of Working Hours: The Ballenger and Ashcroft Proposals (H.R. 1 and S.4)

Publication Date: April 1998

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Labor

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Abstract:

The Fair Labor Standards Act (FLSA) of 1938, as amended, normally requires that a covered worker receive not less than one-and-one-half times his (or her) regular rate of pay (that is, time-and-a-half) for hours worked in excess of 40 per week. Within a 40-hour workweek, however, there is complete flexibility. Any configuration of hours is permitted (e.g., 5 days of 8 hours each, 4 days of 10 hours each, 2 days of 20 hours each) so long as the total hours worked do not exceed 40 in a single week.

During the 104th Congress, legislation was considered that would have altered the 40-hour workweek and overtime pay requirements for private sector workers. In somewhat altered form, such legislation [H.R. 1 (Ballenger) and S. 4 (Ashcroft)] has been reintroduced in the 105th Congress. This report, very briefly, summarizes the issues presented by H.R. 1 and S. 4. For broader coverage of the subject, see CRS Report 96-570 E, Federal Regulation of Working Hours: An Overview (a legislative history), and the companion piece, CRS Report 97-532 E, Federal Regulation of Working Hours: Consideration of the Issues.