March 21, 2025
Mr. Messmer (for himself, Mr. Moolenaar, Mrs. Hinson, and Mr. Harder of California) introduced the following bill; which was referred to the Committee on Education and Workforce
To amend the Fair Labor Standards Act of 1938 to exclude child and dependent care services and payments from the rate used to compute overtime compensation.
Section 1. Short title
This Act may be cited as the Empowering Employer Child and Elder Care Solutions Act
.
Sec. 2. Exclusion of child care in computing overtime compensation
(a) In general
Section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)) is amended—
(1)
in paragraph (2), by inserting payments or reimbursements for child or dependent care services;
after by the employer;
;
(2)
in paragraph (7), by striking or
at the end;
(3)
in paragraph (8)(D)(ii), by striking the period at the end and inserting ; or
; and
(4)
by adding at the end the following:
(9)
the value of any child or dependent care services provided by an employer.
(b) Effective date
The amendment made by subsection (a) shall apply with respect to overtime compensation required to be paid for workweeks beginning on or after the date of enactment of this Act.