[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3271 Introduced in House (IH)]

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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.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2023

 Ms. Stefanik (for herself, Mr. Harder of California, and Mrs. Hinson) 
 introduced the following bill; which was referred to the Committee on 
                      Education 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 Representatives of the 
United States of America in Congress assembled,

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.
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