Federal Legislation
Congress Amends Overtime Pay Rules
February 12, 2026
Congress has enacted the Working Families Flexibility Act of 2025, amending the Fair Labor Standards Act to permit private-sector employees to opt for compensatory time off instead of monetary overtime pay for a five-year period. This legislation establishes specific conditions for accrual, use, and payout of comp time, introduces anti-coercion protections to safeguard employee choice, and imposes new employer obligations regarding notice and payment. These changes may affect payroll processing, human resource policies, and labor cost management for government contractors and private employers.
- Procurement professionals should assess how these amendments impact labor cost calculations and contract compliance, especially for contracts involving private-sector labor.
- Contractors may need to update payroll systems and employee management practices to accommodate comp time accrual and usage rules.
- Agencies and contractors should ensure contract terms align with the new overtime compensation options and employee protections.
- Organizations can leverage this flexibility to optimize workforce scheduling and potentially reduce cash outlays for overtime pay.
Authorize employers in the private sector to offer compensatory time to their employees in lieu of cash overtime, as had been available to federal employees since 1985.
— Ms. Tammy McCutchen
This bill allows workers to accumulate comp time in lieu of overtime pay, giving workers more control over their own schedules and more vacation time to spend in the way the employee wants.
— Mr. Jonathan Wolfson
Agencies
House Committee on Education and Workforce, Department of Labor, Government Accountability Office, Office of Personnel Management
Locations
Sources
- H. Rept. 119-496 - WORKING FAMILIES FLEXIBILITY ACT OF 2025 · congress · Feb 12
- H. Rept. 119-496 - WORKING FAMILIES FLEXIBILITY ACT OF 2025 · congress · Feb 12