Empowering Employer Child and Elder Care Solutions Act

I 118TH CONGRESS 1ST SESSION H. R. 3271 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. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2023 Ms. STEFANIK (for herself, Mr. HARDER of California, and Mrs. HINSON) in- troduced the following bill; which was referred to the Committee on Edu- cation and the Workforce A BILL 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Empowering Employer 4 Child and Elder Care Solutions Act’’. 5 SEC. 2. EXCLUSION OF CHILD CARE IN COMPUTING OVER- 6 TIME COMPENSATION. 7 (a) IN GENERAL.—Section 7(e) of the Fair Labor 8 Standards Act of 1938 (29 U.S.C. 207(e)) is amended— 9 VerDate Sep 11 2014 02:02 May 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3271.IH H3271 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3271 IH (1) in paragraph (2), by inserting ‘‘payments or 1 reimbursements for child or dependent care serv- 2 ices;’’ after ‘‘by the employer;’’; 3 (2) in paragraph (7), by striking ‘‘or’’ at the 4 end; 5 (3) in paragraph (8)(D)(ii), by striking the pe- 6 riod at the end and inserting ‘‘; or’’; and 7 (4) by adding at the end the following: 8 ‘‘(9) the value of any child or dependent care 9 services provided by an employer.’’. 10 (b) EFFECTIVE DATE.—The amendment made by 11 subsection (a) shall apply with respect to overtime com- 12 pensation required to be paid for workweeks beginning on 13 or after the date of enactment of this Act. 14 Æ VerDate Sep 11 2014 02:02 May 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H3271.IH H3271 kjohnson on DSK79L0C42PROD with BILLS