US Codex
Bill
Notes

Empowering Employer Child and Elder Care Solutions Act

H.R. 3271 · 118th Congress · May 11, 2023 · Lineage

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.

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.