Flexibility for Workers Education Act

Bill Number

H.R. 2262

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Labor and Employment

Status

Failed House

Latest Action

2026-01-13: Motion to reconsider laid on the table Agreed to without objection.

Last Updated

2026-06-11T23:26:40Z

AI-Generated Summary

Purpose

The Flexibility for Workers Education Act (H.R. 2262) aims to provide greater flexibility in how certain non-work activities are treated under federal labor laws. Specifically, it amends the Fair Labor Standards Act (FLSA) of 1938—a key law that sets minimum wage, overtime pay, and other labor standards—to exclude voluntary educational or training activities outside regular work hours from being counted as paid "hours worked." This helps clarify when employers must compensate employees for time spent on such activities.

Key Provisions

• Exclusion from Hours Worked: The bill revises Section 3(o) of the FLSA to define what does not count as compensable time for wage and overtime calculations under Sections 6 and 7 of the law.
• Retains the existing rule excluding time spent changing clothes or washing at the start or end of a workday, if this is agreed upon in a valid collective bargaining agreement (a contract negotiated between employers and unions representing workers).
• Adds a new exclusion for time spent attending or participating in education, training programs, or similar activities (e.g., lectures), whether offered by the employer or not, as long as:
• The activity occurs outside the employee's regular work hours.
• Participation is truly voluntary, meaning the employer cannot punish or disadvantage the employee for choosing not to attend.
• The employee does not perform any actual work for the employer during the activity.
• Effective Date: The changes apply to any hours worked on or after the date the bill becomes law.

Significant Changes to Existing Law

• Under current FLSA rules, time spent in employer-sponsored training or educational activities could sometimes count as "hours worked" if it benefits the employer, potentially requiring overtime pay if it exceeds 40 hours per week. This bill expands exclusions by making voluntary off-hours training explicitly non-compensable, even if employer-facilitated.
• It builds on the existing clothes-changing exclusion but broadens the scope to cover a wider range of voluntary learning activities, reducing ambiguity in how such time is treated.
• No changes to core FLSA requirements like minimum wage or overtime thresholds; the focus is solely on refining what qualifies as "hours worked."

Potential Impacts

• On Government Agencies: The Department of Labor (which enforces the FLSA) may see fewer disputes or investigations related to training time compensation, potentially streamlining enforcement. However, it could require updated guidance or regulations to ensure compliance with the voluntariness requirement.
• On Citizens (Employees): Employees gain more freedom to pursue voluntary education or training without it automatically adding to their paid hours, which could encourage lifelong learning. But it might reduce overtime pay opportunities if training time was previously compensable.
• On Employers: Businesses, especially those offering professional development, could save on labor costs by not paying for off-hours voluntary activities. This promotes flexibility but requires careful documentation to prove voluntariness and avoid legal challenges.
• On International Relations: Minimal direct impact, as this is a domestic labor law focused on U.S. workers.

Main Stakeholders Affected

• Employees: Particularly those in industries with frequent training requirements (e.g., healthcare, manufacturing, education), who may benefit from voluntary options but could lose potential overtime pay.
• Employers: Companies and organizations providing or encouraging training, as they gain cost savings and flexibility in workforce development.
• Unions and Collective Bargaining Representatives: Involved in negotiating agreements that already exclude certain activities; the bill preserves their role while expanding general exclusions.
• Department of Labor and Courts: Agencies and judges interpreting FLSA compliance, potentially handling more cases on whether activities meet the "voluntary" criteria.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Strengthens FLSA interpretations by codifying protections against coerced participation, reducing litigation over "off-the-clock" work. However, it could lead to lawsuits if employers pressure employees into attending, testing enforcement of the no-adverse-action rule.
• Constitutional Implications: Aligns with due process and contract rights under the Fifth and Fourteenth Amendments by respecting voluntary agreements and collective bargaining, without raising free speech or equal protection concerns.
• Political Implications: Supports pro-worker flexibility and business efficiency, potentially appealing to bipartisan interests in reducing regulatory burdens. As a House-reported bill from the 119th Congress, it reflects ongoing debates on balancing employee protections with employer needs in a changing job market.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Hinson, Ashley [R-IA-2]

Cosponsors (2)

Rep. Letlow, Julia [R-LA-5], Rep. Messmer, Mark [R-IN-8]

Recent Actions

• 2026-01-13: Motion to reconsider laid on the table Agreed to without objection.
• 2026-01-13: On passage Failed by the Yeas and Nays: 209 - 215 (Roll no. 19). (Roll call 19)
• 2026-01-13: Failed of passage/not agreed to in House On passage Failed by the Yeas and Nays: 209 - 215 (Roll no. 19). (Roll call 19)
• 2026-01-13: On motion to recommit Failed by the Yeas and Nays: 209 - 213 (Roll no. 18). (Roll call 18)
• 2026-01-13: Considered as unfinished business. (consideration: CR H692-693)
• 2026-01-13: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2262, the Chair put the question on motion to recommit and by voice vote, announced the noes had prevailed. Mr. Norcross demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
• 2026-01-13: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
• 2026-01-13: Mr. Norcross moved to recommit to the Committee on Education and Workforce. (text: CR H680-681)
• 2026-01-13: The previous question was ordered pursuant to the rule.
• 2026-01-13: DEBATE - The House proceeded with one hour of debate on H.R. 2262.
• 2026-01-13: Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
• 2026-01-13: Considered under the provisions of rule H. Res. 988. (consideration: CR H677-681; text of amendment in the nature of a substitute: CR H677-678)
• 2026-01-12: Rules Committee Resolution H. Res. 988 Reported to House. Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
• 2025-12-30: Placed on the Union Calendar, Calendar No. 369.
• 2025-12-30: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-423.

Bill Versions

• Flexibility for Workers Education Act — issued 2025-03-21 — PDF (3 pages)
• Flexibility for Workers Education Act — issued 2025-12-30 — PDF (6 pages)

Related Bills

• H.Res. 988 (119th Congress)