Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes; providing for consideration of the bill (H.R. 2270) 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; providing for consideration of the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term ''tipped employee'', and for other purposes; and providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.

Bill Number: H.Res. 988
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Congress
Status: Passed House
Latest Action: 2026-01-13: Motion to reconsider laid on the table Agreed to without objection.
Last Updated: 2026-07-10T14:58:30Z

AI-Generated Summary

Purpose

H. Res. 988 is a procedural resolution adopted by the U.S. House of Representatives on January 13, 2026. Its primary purpose is to establish special rules for debating and voting on five specific bills related to labor standards, employee benefits, and employment practices. It streamlines the legislative process by waiving certain procedural objections (points of order), pre-adopting committee-recommended amendments, and limiting debate to expedite passage without standard delays.

Key Provisions

Consideration of H.R. 2988: Allows immediate debate on this bill, which amends the Employee Retirement Income Security Act of 1974 (ERISA—a federal law governing private pensions and benefits) to set rules for evaluating financial (pecuniary) and non-financial (non-pecuniary) factors in investment decisions. Includes 1 hour of debate, one specified further amendment, and a motion to recommit (send back to committee). All points of order are waived, and the bill is considered read and amended per committee recommendations.

Consideration of H.R. 2262: Permits debate on this bill, which amends the Fair Labor Standards Act of 1938 (FLSA—the main federal law on minimum wage, overtime, and child labor) to exclude certain activities from countable "hours worked" for wage purposes. Includes 1 hour of debate and a motion to recommit. Waives points of order, considers the bill read, and adopts a modified committee substitute amendment.

Consideration of Additional Bills (H.R. 2270, H.R. 2312, H.R. 4366): Applies similar streamlined rules to these three bills, each amending the FLSA (with H.R. 4366 also addressing the National Labor Relations Act—NLRA, a law protecting workers' rights to unionize and bargain collectively):
H.R. 2270: Excludes child and dependent care services/payments from the overtime pay rate calculation.
H.R. 2312: Updates the definition of a "tipped employee" (workers who receive tips as part of pay, like servers).
H.R. 4366: Clarifies when multiple employers are treated as "joint employers" (sharing liability for labor violations).

For each, provides 1 hour of debate and a motion to recommit; waives points of order and adopts committee amendments.

General Rules: Orders the "previous question" on each bill (ending debate and forcing a vote), prohibits most intervening motions, and ensures equal debate time split between the majority and minority leaders of the House Committee on Education and the Workforce.

Significant Changes to Existing Law

This resolution introduces no direct changes to existing law, as it is purely procedural. It facilitates amendments to ERISA, FLSA, and NLRA through the referenced bills but does not enact those changes itself. If passed, the underlying bills would modify how benefits investments, work hours, overtime calculations, tipped wages, and joint employer liability are handled under current federal labor and retirement laws.

Potential Impacts

On Government Agencies: Speeds up House action on bills overseen by the Department of Labor (which enforces FLSA and NLRA) and the Department of the Treasury/Employee Benefits Security Administration (which handles ERISA). Could lead to quicker regulatory updates if the bills become law, affecting enforcement priorities and compliance guidance.

On Citizens: Primarily impacts workers, employers, and retirees. For example, changes to overtime, tipped wages, and joint employer rules could alter pay structures, especially for low-wage, service, or gig economy workers. ERISA amendments might influence how pension funds balance financial returns with social factors (e.g., environmental or ethical investing), potentially affecting retirement savings.

On International Relations: Minimal direct impact, though joint employer clarifications could indirectly affect multinational companies operating in the U.S., influencing labor practices in global supply chains.

Main Stakeholders Affected

Workers and Employees: Particularly those in tipped occupations, overtime-eligible roles, or dependent on employer-provided benefits; potential changes to pay and protections.
Employers and Businesses: Small businesses, franchises, and large corporations could face altered compliance costs, especially regarding joint liability or excluding certain activities from wages.
Unions and Labor Organizations: Affected by NLRA joint employer rules, which influence bargaining power.
Pension Funds and Investors: Retirement plan managers must adhere to new ERISA guidelines on investment factors.
Federal Agencies: Department of Labor and related bodies for implementation and enforcement.
House Members and Committees: The Committee on Education and the Workforce gains structured control over debate.

Notable Legal, Constitutional, or Political Implications

Legal: Waiving points of order bypasses standard House rules (e.g., budget or germaneness checks), potentially allowing controversial provisions to advance without scrutiny. If enacted, the bills could face court challenges over FLSA/NLRA interpretations, as joint employer rules have been litigated (e.g., in franchise models like McDonald's).

Constitutional: Aligns with Congress's Article I powers to regulate commerce and labor but raises questions about procedural fairness in a divided House, possibly seen as limiting minority input.

Political: Reflects partisan priorities in the 119th Congress, fast-tracking Republican-led labor reforms (e.g., easing employer burdens on tips and overtime). Could influence midterm elections by highlighting worker protections vs. business flexibility debates, with limited Senate/House alignment needed for final passage.

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

Sponsor

Rep. Fischbach, Michelle [R-MN-7]

Recent Actions

2026-01-13: Motion to reconsider laid on the table Agreed to without objection.
2026-01-13: On agreeing to the resolution Agreed to by recorded vote: 214 - 207 (Roll no. 17). (text: CR H670-671) (Roll call 17)
2026-01-13: Passed/agreed to in House: On agreeing to the resolution Agreed to by recorded vote: 214 - 207 (Roll no. 17). (Roll call 17)
2026-01-13: On ordering the previous question Agreed to by the Yeas and Nays: 206 - 205 (Roll no. 16). (Roll call 16)
2026-01-13: Considered as unfinished business. (consideration: CR H676-677)
2026-01-13: POSTPONED PROCEEDINGS - At the conclusion of debate on H. Res. 988, the Chair put the question on ordering the previous question and by voice vote, announced the ayes had prevailed. Ms. Leger Fernandez demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
2026-01-13: DEBATE - The House proceeded with one hour of debate on H. Res. 988.
2026-01-13: Considered as privileged matter. (consideration: CR H670-676)
2026-01-12: Placed on the House Calendar, Calendar No. 53.
2026-01-12: 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.
2026-01-12: The House Committee on Rules reported an original measure, H. Rept. 119-440, by Mrs. Fischbach.
2026-01-12: The House Committee on Rules reported an original measure, H. Rept. 119-440, by Mrs. Fischbach.

Bill Versions

Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes; providing for consideration of the bill (H.R. 2270) 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; providing for consideration of the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term "tipped employee", and for other purposes; and providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938. — issued 2026-01-13 — PDF (4 pages)
Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes; providing for consideration of the bill (H.R. 2270) 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; providing for consideration of the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term "tipped employee", and for other purposes; and providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938. — issued 2026-01-12 — PDF (6 pages)