Empowering Employer Child and Elder Care Solutions Act

Sponsor: Mark B. Messmer (Republican-IN)March 21, 2025

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Introduced

In Committee

Passed One Chamber

Passed Both Chambers

Signed into Law

POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2270 is postponed.

Employers could exclude child care benefits when figuring overtime pay

This bill would let employers leave out child or dependent care benefits when figuring overtime pay. This means employer-provided child care services or payments would not boost an employee's overtime earnings. The change would start with workweeks after the bill becomes law, affecting both employers and employees who get these benefits.

What Would Change

Today, the Fair Labor Standards Act usually requires employers to include most forms of pay, sometimes including child or dependent care benefits, when figuring an employee's regular rate for overtime pay. If this bill becomes law, employers would clearly exclude payments, reimbursements, and the value of employer-provided child or dependent care services from that regular rate. This means these benefits would not increase overtime pay.

Key Provisions

Lets employers exclude payments or reimbursements for child or dependent care from overtime pay calculations.
Lets employers exclude the value of child or dependent care services they provide from overtime pay calculations.
Takes effect for workweeks starting on or after the date the bill becomes law.