THE ABILITY OF MOMS AND DADS TO FIND TIME TO SPEND WITH THEIR
           CHILDREN. THE LAW HAS ASSUMED FOR TOO LONG THAT IF SOMETHING IS
           GOOD FOR THE EMPLOYER IT IS BAD FOR THE EMPLOYEE, AND IF IT IS
           GOOD FOR THE EMPLOYEE, IT MUST BE BAD FOR THE EMPLOYER. THAT
           CAN'T BE SO. WE WILL NOT SUCCEED IN A MARKETPLACE OF THE NEXT
           CENTURY ASSUMING THAT WE MUST ALWAYS FIGHT THAT WE MUST ALWAYS
           AND ANTAGONISTIC OR WE CAN'T BE SUCCESSFUL. AS A MATTER OF

           FACT, WE KNOW THAT THE REAL KEY TO SUCCESS IS TEAMWORK.
           EMPLOYERS AND EMPLOYEES WORKING TOGETHER. ACCOMMODATING EACH
           OTHER'S NEEDS. MAKING SURE THAT WHAT IS GOOD FOR ONE IS GOOD
           FOR THE OTHER. WE HAVE A GREAT OPPORTUNITY TO DO THAT BY GIVING
           EMPLOYERS AND EMPLOYEES THE OPPORTUNITY TO HAVE ADJUSTABLE WORK
           SCHEDULES THAT ALLOW FOR MOMS AND DADS NOT ONLY TO MEET THE
           DEMANDS. WORKPLACE BUT TO ALLOW THEM TO ACCOMMODATE THE NEEDS
           OF THEIR FAMILIES. AMERICA'S EMPLOYERS HAVE FOUND THAT THIS

           ADVERSARIAL BASIS FOR WRITING THE EMPLOYMENT LAW, WHICH
           HAPPENED TO HAVE CHARACTERIZEDED WAY IT WAS WRITTEN IN THE
           1930'S IS COUNTERPRODUCTIVE, AND IT WORKS OUR COMPETITIVENESS.
           HOWEVER, OUR COMPANIES ARE MANAGING WITHIN THE NARROW
           CONSTRAINTS OF THE FEDERAL LAW TO ESTABLISH PROGRESSIVE
           EMPLOYMENT PRACTICES IN COOPERATION WITH THEIR EMPLOYEES.
           EMPLOYEES ARE BECOMING OWNERS OF THEIR COMPANIES THROUGH
           EMPLOYEE STOCK OPTION PLANS, PROFIT SHARING INCENTIVES ARE ON
           THE RISE, THE BENEFIT OF GIVING EMPLOYEES GREATER INPUT IN

           THEIR DECISION-MAKING PROCESSS ARE MAKING COMMAND AND CONTROL
           STYLE OF OVERTIME WORK -- COMMAND AND CONTROL STRILE SITUATIONS
           FAR LESS ACCEPTABLE. SO WHAT WE HAVE TO DO REALLY IS TO FIND A
           WAY TO ACCOMMODATE THESE COMPETING DEMANDS OF THE HOMEPLACE AND
           THE WORKPLACE IF WE ARE GOING TO BE SUCCESSFUL. LET ME JUST
           STOP FOR A MOMENT AND GIVE SOME DATA ABOUT THE DIFFERENCE

           BETWEEN THE FAMILY AS IT WAS AND THE FAMILY AS IT IS. FIRST OF
           ALL, BACK IN THE 1930'S, WHEN WE ORIGINALLY CRAFTED OUR FAIR
           LABOR STANDARDS ACT, ABOUT ONE OUT OF EVERY SIX OR SEVEN --
           ABOUT 16% OF THE MOMS OF SCHOOL-AGED CHILDREN WERE IN THE WORK
           FORCE. THAT MEANS THAT FIVE OUT OF SIX OR SIX OUT OF SEVEN WERE
           IN THE HOMEPLACE. AND SO THE NEED FOR FLEXIBLE WORKING
           ARRANGEMENTS WASN'T THE SAME AS IT IS NOW. THERE HAS BEEN A

           VIRTUAL SEA CHANGE IN THE WORK DYNAMIC IN AMERICA, IN THE WAY
           THE WORK FORCE IS CON FIGURED. VERY FRANKLY NOW INSTEAD OF ONE
           OUT OF SIX OR ONE OUT OF SEVEN BEING MOMS OF SCHOOL-AGE
           CHILDREN THAT ARE IN SCHOOL THAT ARE IN THE WORKPLACE, NOW FOUR
           OUT OF FIVE MOMS OF SCHOOL AGE CHILDREN ARE IN THE WORKPLACE
           SOME THAT THE VAST MAJORITY OF MOMS OF SCHOOL-AGE CHILDREN ARE
           WORKING, AS OPPOSED TO THE VAST MAJORITY IN THE 18930'S NOT

           WORKING. AND THIS MEANS THAT -- 1930'S ARE NOT WORKING. AND
           THIS MEANS OUR NEEDS ARE DIFFERENT. IT MEANS IT IS IMPOSSIBLE
           FOR US TO GET THE SAME KIND OF RETURN ON A LEGAL SYSTEM WHICH
           NO LONGER PROVIDES A BASIS FOR MEETING THE NEEDS OF THE CULTURE
           SINCE THE CULTURE'S NEED ARE VASTLY DIFFERENT. NOW THERE ARE
           SOME COMPANIES THAT ARE GOING TO VERY SIGNIFICANT ENDS TO TRY
           AND HELP THEIR EMPLOYEES. COMPANY LIKE TRW, EASTMAN KODAK,

           INSURANCE SCIENCE CORPORATIONS, THE INSURANCE COMPANY
           MASSACHUSETTS MUTUAL, THEY ARE TRYING TO FIND A WAY TO MAKE
           THINGS BETTER FOR EMPLOYEES WITH WORKING FLEXIBLE WORKING
           ARRANGEMENTS. THE FEDERAL LAW LIMITS THE EXTENT  WHICH THEY CAN
           OFFER THESE BENEFIT. I MIGHT ADD THESE COMPANIES ARE TRYING.
           THEY ARE TRYING TO MATCH WHAT'S AVAILABLE IN THE FEDERAL SYSTEM
           FOR FEDERAL EMPLOYEES. THEY ARE TRYING IN MANY WAYS TO MATCH
           WHAT IS AVAILABLE AT THE STATE SYSTEM FOR STATE EMPLOYEES. BUT

           THEY CANNOT BECAUSE THEY ARE PREVENTED BY -- BY THE LAW. THEY
           HAVE SOUGHT TO PROVIDE FLEXIBLE WORKING ARRANGEMENTS, BUT IF
           YOU ARE TRYING TO HAVE FLEXIBLE WORKING HOURS, IT HAS TO BE
           WITHIN A WEEK. THERE CAN BE NO CHANGE THAT GOES OVER FROM ONE
           WEEK TO ANOTHER IN THE EMPLOYMENT WEEK. THAT MEANS GENERALLY
           THAT IF YOU NEED TO MAKE UP AN HOUR THAT YOU WANT TO MISS ON
           FRIDAY AFTERNOON, YOU CAN'T MAKE IT UP ON THE NEXT MONDAY,
           UNLESS YOU ARE A FEDERAL GOVERNMENT EMPLOYEE. ODDLY ENOUGH THE
           FEDERAL WORKERS HAVE HAD THAT PRIVILEGE SINCE 1978, AND WHAT'S

           INTERESTING ABOUT IT IS THAT FEDERAL WORKERS HAVE HAD IT NOT
           ONLY SINCE 1978, BUT IT HAS BEEN VASTLY SUCCESSFUL. WHEN THE
           GENERAL ACCOUNTING OFFICE, FOR EXAMPLE, DECIDED TO INVENTORY
           THE EXTENT TO WHICH INDIVIDUALS IN THE FEDERAL SYSTEM RESPOND
           CONSTRUCTIVELY TO FLEXIBLE WORKING TILES, THEY FOUND THAT NINE
           OUT OF TEN FEDERAL WORKERS THAT HAD AN OPINION ON FLEX TIME
           SAID THAT IT WAS GOOD. IT WAS VERY GEED. NINE OUT OF TEN. IT IS
           VERY HARD TO FIND NINE OUT OF TEN FEDERAL WORKERS THAT WILL
           AGREE ON VIRTUALLY ANYTHING. SO THE FEDERAL GOVERNMENT WORKERS

           FIND THAT IT IS A VERY GOOD WAY TO MEET THE COMPETING DEMANDS
           OF THE HOMEPLACE AND WORKPLACE. AND SECONDLY, NOT ONLY IS FLEX
           TIME HIGHLY REGARDED IN THE FEDERAL SYSTEM, BUT COMP TIME, THE
           ABILITY TO SAY LOOK I WORKED OVERTIME. INSTEAD OF PAYING ME
           TIME AND A HALF FOR OVERTIME, WILL YOU GIVE ME TIME AND A HALF
           OFF AT ANOTHER TIME SO I CAN SPEND TIME WITH MY FAMILY?
           THAT'S A VERY POPULAR PROGRAM WITH FEDERAL WORKERS. SO POPULAR
           WAS THAT WITH WORKERS AT THE FEDERAL LEVEL THAT IT HAS BEEN
           EXTENDED -- THAT CAPACITY TO BE INVOLVED IN THAT KIND OF
           OPERATION HAS BEEN EXTENDED TO OTHER GOVERNMENT WORKERS,

           PARTICULARLY AT THE STATE AND LOCAL LEVEL. SO WE HAVE GOT A
           REAL INTERESTING SITUATION WHERE THE UNIVERSE OF WORKERS IS NOT
           TREATED FAIRLY OR EQUALLY. GOVERNMENTAL WORKERS HAVE THE
           OPPORTUNITY FOR FLEX TIME AND COMP TIME BOTH AT THE STATE LEVEL
           THEY HAVE COMP TIME AND AT THE FEDERAL LEVEL COMP TIME. THEY
           HAVE FLEXIBLE WORKING ARRANGEMENTS AT THE FEDERAL LEVEL. THEY
           SIMPLY DO NOT IN THE PRIVATE SECTOR. NO COME MUCH TIME IN THE
           PRIVATE SECTOR. IT IS AGAINST THE LAW TO HAVE COMP TIME IN THE
           PRIVATE SECTOR. AND WHEN IT GOES FROM ONE WEEK TO THE NEXT.

           THESE KINDS OF PRIVILEGES, THESE KINDS OF OPPORTUNITIES REALLY
           WOULD MAKE IT A LOT EASIER ON OUR FAMILIES. THEY WOULD GIVE
           PARENTS THE ABILITY TO GO AND ATTEND A SICK CHILD. THEY WOULD
           GIVE PARENTS THE ABILITY TO ATTEND EVENTS WHERE CHILDREN ARE
           BEING HONORED OR WHERE CHILDREN ARE PERFORMING. THEY WOULD
           FREQUENTLY GIVE THE OPPORTUNITY TO INDIVIDUALS WHO HAD BUILT UP
           SOME COMP TIME AND TAKEN TIME OFF, PERHAPS EXTEND A VACATION OR
           PROVIDE FOR A THREE-DAY WEEKEND, WITHOUT SACRIFICING THEIR
           SALARIES. NOW THIS BENEFIT WHICH IS AVAILABLE TO GOVERNMENT

           WORKERS IN VIRTUALLY EVERY LEVEL, IS NOT AVAILABLE TO WORKERS
           IN THE PRIVATE SECTOR WHO ARE PAID BY THE HOUR. BUT
           INTERESTINGLY ENOUGH, SALARIED WORKERS HAVE PRETTY MUCH HAD THE
           ABILITY TO HAVE FLEXIBLE WORKING ARRANGEMENTS FOR QUITE
           SOMETIME. A SALARIED WORKERS TAKES A TWO-HOUR LUNCH BREAK TO
           TAKE CARE OF PERSONAL BUSINESS OR LEAVES EARLY TO GO TO A
           SOCCER GAME. THE HOURLY WORKER THAT SITS BESIDE THE SALARIED
           WORKER HAS TO SIT BY THEIR DESK AND DEPRIVE HIS OR HER FAMILY

           THAT HAVE SAME KIND OF ATTENTION. THIS RESULT IS NOT DUE TO
           THEIR EMPLOYERS BEING UNWILLING TO HELP. THIS RESULT IS DUE TO
           THE FEDERAL GOVERNMENT'S POLICY, OUR LAW UNDER THE FAIR LABOR
           STANDARDS ACT, WHICH MAKES FLEXIBLE WORKING ARRANGEMENTS AND
           COMP TIME FOR PRIVATE SECTOR WORKERS ILLEGAL. SOME OF THESE
           HOURLY WORKERS HAVE COME TO WASHINGTON TO TELL THEIR STORIES
           ABOUT HOW FEDERAL POLICIES IMPACT THEIR EVERY DAY LIVES. ONE OF

           THOSE INDIVIDUALS, I REMEMBER, WHO CAME, WAS ARLISS ROBINSON.
           SHE WAS A WORKER WHO HAD A GREAT STORY TO TELL ABOUT ABOUT
           WORKING ON AN HOURLY BASIS, AND THE SNOW STORM HIT THE TOWN,
           HIT WASHINGTON, D.C., AS A MATTER OF FACT. AND THEY HAD TO SEND
           WORKERS HOME AND SAY YOU CAN'T WORK -- WELL THEY CLOSED THE
           OFFICES FOR A DAY. WORKERS WANT TODAY MAKE UP THAT DAY IN THE
           NEXT WEEK. BUT IN ORDER TO MAKE UP THAT DAY IN THE NEXT WEEK,
           THOSE EIGHT HOURS THEY MISSED, THOSE HOURS WOULD HAVE TO BE

           PAID AS OVERTIME. THE EMPLOYER COULDN'T AFFORD TO HAVE A 50%
           INCREASE IN LABOR COSTS FOR THAT TIME SO THE WORKERS SIMPLY
           WERE UNABLE TO MAKE THAT TIME UP THE NEXT WEEK. THAT'S A
           SERIOUS PROBLEM. FOR INDIVIDUALS WHO ARE ON THAT KIND OF A
           SCHEDULE, AND FOR WHO ARE -- NOT ON SALARY, BUT ON AN HOURLY
           WAGE. LESLIE LANGUAGES FORD A SECRETARY AS MASSACHUSETTS MUTUAL

           IN MASSACHUSETTS. HER HUSBAND IS A PRINTER. THEY HAVE A SON WHO
           HAD HIS FIRST BIRTHDAY ON A DAUGHTER SIX YEARS OLD. SHE PUT IT
           THIS WAY "I HAVE AN AN HOURLY EMPLOYEE FOR MASS MUTUAL FOR 14
           YEARS. AS A MOTHER OF A CHILD OVER ONE YEAR-OLD IT IS A
           VALUABLE COMMODITY IN MY LIFE AND I CANNOT AFFORD TO WASTE ANY
           OF MY TIME. LIKE MANY OF YOU I FIND IT A CHALLENGE TO JUGGLE
           THE THE NEEDS OF MY EMPLOYER AND FAMILY." SHE WANTS TO HAVE
           BITL ABILITY TO HAVE COMP TIME AND FLEX TIME IN THE PRIVATE
           SECTOR.
           

           SHE PUT IT THIS WAY: "FAMILY-FRIENDLY LEGISLATION SUCH AS THIS
           IS NOT ONLY DESPERATELY NEEDED BUT LONG OVERDUE IN THIS COUNTRY
           TO BENEFIT WORKING PARENTS AND THEIR CHILDREN." SO YOU HAVE
           SITUATIONS WHERE INDIVIDUALS WHO WORK BY THE HOUR SIMPLY CANNOT
           -- ARE NOT ALLOWED BY THE LAW, TO COOPERATE WITH THEIR
           EMPLOYERS, TO DEVELOP WORK SCHEDULES WHICH WILL COMMODATE THE
           COMPETING NEEDS OF THE HOMEPLACE AND THE WORKPLACE. AS A

           RESULT, FAMILIES SUFFER. NOW, AS I MENTIONED, SALARIED WORKERS
           CAN FREQUENTLY GET FLEXIBLE SCHEDULES BECAUSE SALARIED WORKERS
           TONIGHT PUNCH THE CLOCK. THE BOARDROOM AND THE MANAGERS HAVE
           FLEXIBLE SCHEDULES IN THAT RESPECT. GOVERNMENT EMPLOYEES HAVE
           FLEXIBLE SCHEDULES BECAUSE THEY HAVE THE AUTHORITY UNDER THE
           FEDERAL GOVERNMENT IN 1978 CONGRESS RECOGNIZED THE BENEFIT OF
           FLEXIBLE WORKING ARRANGEMENTS AND PASSED THE FEDERAL EMPLOYEES
           FLEXIBLE AND COMPRESSIONED WORK SCHEDULES ACT. AS THE SENATOR
           FROM ALASKA, SENATOR STEECHGS, WAS THE SENATOR WHO HELPED

           SHEPHERD THAT ACT INTO EXISTENCE. THAT ACT ALLOWED FEDERAL
           GOVERNMENT EMPLOYEES TO EXPERIMENT WITH FLEXIBLE WORK SCHEDULES
           WHICH ARE STILL ILLEGAL IN THE PRIVATE SECTOR. THE PROGRAM
           ALLOWS HOURLY WORK TORESE WORK AN EXTRA HOUR ONE WEEK IN ORDER
           TO WORK AN HOUR LEST NEXT WEEK. AS A MATTER OF FACT, IT GOES
           BEYOND THAT. SOMETIMES PEOPLE WORK 45 HOURS ONE WEEK SO THEY
           ONLY HAVE TO WORK 35 HOURS THE NEXT WEEK, AND BY DOING SO THEY
           CAN ARRANGE THEIR TIME SO THAT THEY HAVE EVERY OTHER FRIDAY
           OFF. THERE LOTS OF PARENTS THAT WOULD LIKE TO HAVE THE CAPACITY

           TO TAKE EVERY OTHER FRIDAY OFF OR A DAY A -- A WEEKDAY OFF
           EVERY OTHER WEEK. THESE AUTHORITIES WHICH MAKE IT POSSIBLE FOR
           FEDERAL EMPLOYEES TO HAVE FLEXIBLE WORK SCHEDULES ARE SPECIFIC
           IN THE LAW TO GOVERNMENT EMPLOYEES ALONE. AND THE LAW FORBIDS
           PRIVATE WORKERS TO HAVE THE SAME KIND OF SITUATION. I KNOW OF
           ONE FAMILY IN MY HOME STATE OF MISSOURI, A FAMILY IN THE ST.
           LOUIS AREA, A FEDERAL WORKER, ONE OF THE SPOUSE SINCERE A

           FEDERAL WORKER THE OTHER IS A PRIVATE SECTOR WORKER. ONE HAS
           THE PRIVILEGE OF FLEXING WORKING ARRANGEMENTS, THE OTHER
           DOESN'T. THE DISPARITY IS STARK. AND THE BURDEN ORDINATELY
           FALLS ON THE WORKER THAT HAS THE FLEXIBLE WORK CAPACITY
           BECAUSE. ABILITY THAT HAVE FAMILY TO GET FLEXIBILITY IN THE
           AREA OF GOVERNMENTAL WORK. I DON'T THINK YOU SHOULD HAVE TO
           WORK FOR THE GOVERNMENT OR SHOULD HAVE TO BE A SALARIED WORKER
           IN THE MANAGEMENT POOL IN ORDER TO BE ABLE TO BE A GOOD MOM OR

           DAD. YOU SHOULD BE ABLE TO DO IT BECAUSE OUR GOVERNMENT SHOULD
           NOT BE AT WAR WITH THE VALUES OF THIS CULTURE. OUR GOVERNMENT
           SHOULD BE REINFOIRSING THE VALUES OF THE AMERICAN CULTURE AND
           STRENGTHENING OUR FAMILIES NOT ATTACKING THEM. A TAIL DWRUR ON
           THE PART OF THE GOVERNMENT TO ALLOW FOR FLEXIBLE WORKING
           ARRANGEMENT, THE FAILURE ON THE PART OF GOVERNMENT TO NOT WORK
           WITH FAMILIES ON FEDERALLY -- FAMILY-FRIENDLY WORKING ARGSMENT
           IS A WAY FOR THE GOVERNMENT TO ATTACK OUR VALUES RATHER THAN TO

           UNDERSCORE OUR VALUES. AS A MATTER OF FACT, IT WAS AS FAR BACK
           AS 1945 THAT CONGRESS RECOGNIZED THAT WHEN AN EMPLOYEE PAID BY
           THE HOUR WORKS OVERTIME HOURS, THAT MONETARY COMPENSATION DOES
           NOT ALWAYS MAKE UP FOR THE TIME THE WORKER MISS WAS HIS OR HER
           FAMILY. NOW FLEXIBLE WORK ARRANGEMENTS AS I MENTIONED, THAT IS
           THE ABILITY TO ASSIGN WORK FROM ONE WEEK TO THE NEXT WEEK AND
           TO TAKE FEWER HOURS OF WORK IN ONE WEEK AND TAKE MORE HOURS IN
           THE NEXT WEEK, AND THAT'S A VERY POPULAR PROGRAM IN THE FEDERAL

           GOVERNMENT, THAT'S FLEX TIME. THE COMPENSATORY TIME IS SIMPLY
           WHEN YOU ARE BEING ASKED TO WORK OVERTIME, YOU HAVE THE RIGHT
           TO REQUEST THAT SOME OF WHAT YOU DO BAY WAY OF OVERTIME BE
           REFLECTED NOT IN ADDITIONAL SALARY, BUT CAN YOU TAKE TIME OFF.
           NOW THE OVERTIME RULES IN OUR CULTURE ARE WHEN YOU ASK WHEN
           ASKED TO WORK OVERTIME YOU GET PAID TIME AND A HALF. BUT SOME
           PEOPLE REALIZE THAT NO MATTER HOW MUCH TIME AND A HALF THEY GET
           PAID THAT DOESN'T HELP THEM SPEND MORE TIME WITH THEIR
           FAMILIES. OCCASIONALLY THEY SAY LOOK, INSTEAD OF PAYING ME TIME
           AND A HALF, WOULD YOU JUST GIVE ME AN HOUR AND A HALF OFF OR

           TIME AND A HALF OFF, INSTEAD OF THE PAYMENT AND SO INSTEAD OF
           ME WORKING THE FULL BEAK NEXT WEEK, I COULD TAKE TIME AND A
           HALF OFF IN THOSE HOURS. I WOULD STILL BE PAID AS IF I WORKED A
           FULL WEEK, BUT I GET THE TIME OFF TO BE WITH MY
{END: 1998/03/23 TIME: 18-45 , Mon.  105TH SENATE, SECOND SESSION}