SenateNo users have recorded support or opposition for this bill yet. Be the first.
Summary Provided by Congressional Research Service
Empowering Employer Child and Elder Care Solutions Act
This bill excludes the value of employer-funded child or dependent care from being used in calculating an eligible employee's overtime pay.
Under current law, overtime hours must be paid at one and a half times an employee's regular rate of pay. This rate is an average hourly rate that must include certain types of pay, such as commissions. The bill specifies that an employer can provide or pay for child or dependent care services without the value of the services being included in this calculation.
Latest available text
1. Short title
This Act may be cited as the "Empowering Employer Child and Elder Care Solutions Act".
2. Exclusion of child and dependent 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.December 18, 2025Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed