[Report No. 119–423]
March 21, 2025
Mrs. Hinson (for herself, Ms. Letlow, and Mr. Messmer) introduced the following bill; which was referred to the Committee on Education and Workforce
December 30, 2025
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on March 21, 2025
To amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Flexibility for Workers Education Act
.
Sec. 2. Treatment of attendance or participation in certain activities
(a) In general
Section 3(o) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(o)) is amended to read as follows:
(o) Hours worked
In determining for the purposes of sections 6 and 7 the hours for which an employee is employed, there shall be excluded—
(1)
any time spent in changing clothes or washing at the beginning or end of each workday which was excluded from measured working time during the week involved by the express terms of or by custom or practice under a bona fide collective-bargaining agreement applicable to the particular employee; and
(2)
any time spent attending or participating in an education or training program or a similar activity (such as a lecture), regardless of whether the program or activity is offered or facilitated by the employer, provided that—
(A)
such attendance or participation occurs outside of the employee’s regular working hours;
(B)
such attendance or participation is voluntary, and the employer does not take adverse action against the employee on the basis that such employee does not so attend or participate; and
(C)
the employee does not perform any work for the employer during such attendance or participation.
(b) Effective date
The amendment made by subsection (a) shall apply with respect to hours worked on or after the date of enactment of this Act.