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Bill would exclude child care benefits from overtime pay formula

Floor activityH.R. 2270Latest action

Sponsor: Mark B. Messmer · Representative · IN

AIDecoded by AI · checked against the record
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Official title: Empowering Employer Child and Elder Care Solutions Act

119th Congress

Topics: Jobs & the economy

Introduced:

Read the official bill on Congress.gov

In plain words

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Employers could offer child or elder care benefits without those benefits raising workers' overtime pay rate.

40-second read · 4 questions answered below

What does this do?

This bill amends the Fair Labor Standards Act to let employers exclude the value of child care and dependent (elder) care benefits from the "regular rate" used to calculate overtime pay. Currently, such benefits must be included in that calculation, which can raise overtime costs. The change would apply to workweeks starting after the bill becomes law.

Who does it affect?

Affects hourly and non-exempt workers who work overtime and receive child care or dependent care benefits from their employers, as well as businesses deciding whether to offer such benefits.

Why does it matter?

Excluding these benefits from the overtime calculation means some hourly workers could receive less overtime pay than they would under current law, since the caregiving benefits would no longer factor into their base pay rate.

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Read the official bill on Congress.gov

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Where does it stand?

  1. IntroducedMar 21, 2025
  2. House committee
  3. House voteYou are here · Jan 13, 2026
  4. Senate
  5. The president's desk

Right now: the House has taken floor action on it, and the official record shows nothing new since. If the Senate changes it, it goes back to the House before reaching the president.

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

Data as of October 9, 2026

Recorded votes

Roll-call votes recorded since January 3, 2025.

  1. House · · Roll call 20

    As recorded

    Question
    On
    Result:
    Failed
    209
    Nay
    213
    0
    9

    Republicans 213 no, 5 not voting · Democrats 209 yes, 4 not voting

    Official record
    How members voted

    The official record lists how each member voted.Official record

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