Empowering Employer Child and Elder Care Solutions Act

Bill Number

H.R. 2270

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Labor and Employment

Status

Introduced

Latest Action

2026-01-13: POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2270 is postponed.

Last Updated

2026-06-11T23:26:37Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the Empowering Employer Child and Elder Care Solutions Act, aims to encourage employers to offer child and dependent care benefits by ensuring these do not increase overtime pay costs. It modifies how overtime wages are calculated under federal labor law, excluding certain care-related payments and services from the base wage rate used for overtime.

Key Provisions

• Amendments to the Fair Labor Standards Act (FLSA): The bill updates Section 7(e) of the FLSA (29 U.S.C. 207(e)), which defines the "regular rate" of pay for overtime calculations (typically 1.5 times the regular rate for hours over 40 per week).
• Adds "payments or reimbursements for child or dependent care services" as an exclusion under paragraph (2), meaning these do not count toward the regular rate.
• Makes minor punctuation changes to paragraphs (7) and (8) to accommodate the new addition.
• Introduces a new paragraph (9): "The value of any child or dependent care services provided by an employer," excluding the worth of such services (e.g., on-site daycare) from overtime calculations.
• Effective Date: Changes apply to overtime pay for workweeks starting on or after the bill's enactment date.

Significant Changes to Existing Law

• Expansion of Exclusions: Prior to this bill, the FLSA already excluded certain employer-provided benefits (like health insurance or vacation pay) from the regular rate to avoid inflating overtime costs. This adds child and dependent care (covering services for children or elderly/disabled family members) to that list, a new category not previously specified.
• No broader alterations to overtime rules, minimum wage, or hours worked; the focus is narrowly on care-related benefits.

Potential Impacts

• On Employers: Reduces costs for providing care benefits, potentially making it easier and more affordable to offer programs like subsidized daycare or elder care reimbursements, which could improve employee retention and satisfaction.
• On Citizens (Employees): Workers, especially parents or caregivers, may gain better access to affordable care options without their overtime pay being indirectly reduced by how these benefits are valued. This could support work-life balance, particularly for lower-wage hourly employees.
• On Government Agencies: Minimal direct impact; the Department of Labor (which enforces the FLSA) may see a slight increase in guidance or compliance reviews related to these exclusions, but no new funding or regulatory burdens are introduced.
• On International Relations: None apparent, as this is a domestic labor policy with no foreign trade, immigration, or global standards implications.

Main Stakeholders Affected

• Employers: Businesses of all sizes, especially those in industries with high overtime (e.g., manufacturing, healthcare) and employee caregiver needs, benefit from cost savings.
• Employees: Hourly workers eligible for overtime, particularly those with children or dependents relying on employer-sponsored care, who may see expanded benefits without wage calculation penalties.
• Human Resources and Payroll Departments: Must adjust systems to track and exclude care benefits from overtime computations.
• Child and Dependent Care Providers: Indirectly supported through increased employer demand for such services.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens the FLSA's framework for employer incentives by clarifying exclusions, potentially reducing litigation over whether care benefits inflate overtime rates. No challenges to core FLSA protections (e.g., minimum wage or overtime eligibility) are introduced.
• Constitutional: Neutral; aligns with Congress's authority under the Commerce Clause to regulate labor standards affecting interstate commerce, without raising free speech, privacy, or equal protection issues.
• Political: Promotes family-friendly workplace policies, appealing to bipartisan interests in workforce support and economic productivity. As a reported House bill (H.R. 2270, 119th Congress), it reflects efforts to address caregiving challenges post-pandemic, but its narrow scope limits broader debates on wage equity or benefit mandates.

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

Sponsor

Rep. Messmer, Mark [R-IN-8]

Cosponsors (8)

Rep. Moolenaar, John R. [R-MI-2], Rep. Hinson, Ashley [R-IA-2], Rep. Harder, Josh [D-CA-9], Rep. Thompson, Glenn [R-PA-15], Rep. Stefanik, Elise M. [R-NY-21], Rep. Fine, Randy [R-FL-6], Rep. Harris, Mark [R-NC-8], Rep. Onder, Robert F. [R-MO-3]

Recent Actions

• 2026-01-13: POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2270 is postponed.
• 2026-01-13: On motion to recommit Failed by the Yeas and Nays: 209 - 213 (Roll no. 20). (Roll call 20)
• 2026-01-13: Considered as unfinished business. (consideration: CR H693-694)
• 2026-01-13: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2270, the Chair put the question on motion to recommit and by voice vote, announced the noes had prevailed. Ms. Lee (PA) 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: Ms. Lee (PA) moved to recommit to the Committee on Education and Workforce. (text: CR H684-685)
• 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. 2270.
• 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 H681-685; text of amendment in the nature of a substitute: CR H681)
• 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.
• 2025-12-18: Placed on the Union Calendar, Calendar No. 359.
• 2025-12-18: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-413.
• 2025-12-18: Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-413.
• 2025-04-09: Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 13.

Bill Versions

• Empowering Employer Child and Elder Care Solutions Act — issued 2025-03-21 — PDF (2 pages)
• Empowering Employer Child and Elder Care Solutions Act — issued 2025-12-18 — PDF (4 pages)

Related Bills

• H.Res. 988 (119th Congress)