House lawmakers on Tuesday advanced legislation that would enable U.S. businesses to give workers paid time off for overtime in lieu of cash, an option attorneys say could lower employers’ overtime costs and boost employee morale, but may also open doors for wage violations and retribution claims.

By a vote of 229-197, House lawmakers passed the Working Families Flexibility Act, which would amend the Fair Labor Standards Act to allow private-sector companies to offer employees who are eligible for overtime the choice between being paid in cash for hours they work above 40 or accruing an hour and a half of paid time off.

But before employers can realize those benefits, the bill must first clear a major hurdle in the U.S. Senate, which Ballard Spahr LLP partner Louis Chodoff believes will be difficult. “I don’t think they have filibuster-proof support for it to pass,” Chodoff said. “I think it’ll have a tough time getting past the Senate.”

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