Dan Benishek on Jobs

Voted YES on allowing compensatory time off for working overtime.

• Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required.
• Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement.
• Prohibits an employee from accruing more than 160 hours of compensatory time.
• Requires an employee's employer to provide monetary compensation for any unused compensatory time off accrued during the preceding year.
• Requires an employer to give employees 30-day notice before discontinuing compensatory time off.

Opponent's Argument for voting No:

Rep. COURTNEY: This is the fifth time that the majority party has introduced [this bill since] 1997; and each time, the huge flaws in this legislation have resulted in its complete collapse. And once again, it doesn't deserve that support. Despite the representations made in its title--that it promotes workers' flexibility, that it gives workers choice--a closer examination of the bill shows the opposite is true. The better way to describe this bill is the More Work, Pay Less bill.

The 1938 Fair Labor Standards Act created a bright line to protect people's right to a 40-hour work week, and make sure that that next hour after 40 hours is paid for with the time-and-a-half of wages. That created the weekend in America. That created the time off that middle class families have taken for granted for decades.

What this bill does is it blurs that line; it creates total chaos in terms of trying to come up with a system to set up ground rules with a case-by-case written contract, and then leaves it to the enforcement of State Labor Departments Wage and Hours Divisions, which are totally incapable of going into the tens of thousands of workplaces all across America.

Rated 100% by CEI, indicating a pro-workplace choice voting record.

The Competitive Enterprise Institute (CEI), a public policy organization dedicated to the principles of free markets and limited government, has created a Congressional Labor Scorecard for the 112th Congress focusing on worker issues. The score is determined based on policies that support worker freedom and the elimination of Big Labor's privileges across the country.

Votes in the current Congress score include:
• Bill: H.R. 658, LaTourette Amendment No. 21: NO on repealing changes to the Railway Labor Act's voting rules.
• Bill: H.R. 658, Gingrey Amendment No. 18: YES to prohibit Federal Aviation Administration employees from using official--that is, taxpayer sponsored--time for union activities during the official workday.
• Bill: H.R. 1, Price Amendment No. 410: YES to defund the National Labor Relations Board (NLRB).
• Bill: H.R. 1, Guinta Amendment No. 166: YES to prohibit imposing "prevailing wage" and other requirements in project labor agreements that advantage unionized contractors.
• Bill: H.R. 2017, Scalise Amendment No. 388: YES to prohibit project labor agreements in DHS contracts
• Bill: H.R. 2055, LaTourette Amendment No. 411: NO on funding for federal project labor agreements.
• Bill: H.R. 1, King Amendment No. 273: YES to eliminate the "Davis Bacon" prevailing wage rate requirement for federal projects.
• Bill: H.R. 2017, Gosar Amendment No. 386: YES to eliminate the "Davis Bacon" prevailing wage rate requirement for Department of Homeland Security contracts.
• Bill: H.R. 2354: Gosar Amendment No. 655: YES to restrict application of the Davis-Bacon Act to contracts exceeding $20 million.
• Bill: H.R. 2017: Rokita Amendment No. 2: YES to prohibit collective bargaining at the Transportation Security Administration (TSA).