H.R. 2270In committeeJobs & the economy
Bill would exclude child care benefits from overtime pay formula
Data as of July 11, 2026
Employers could offer child or elder care benefits without those benefits raising workers' overtime pay rate.40-second read · 4 questions answered below
Decoded
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.
Where does it stand?
- Introduced
- House committee — You are here
- House vote
- Senate
- President's desk
Right now: a House committee is reviewing it. If the Senate changes it, it goes back to the House before reaching the President.
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Official title
Empowering Employer Child and Elder Care Solutions Act
- Introduced:
- March 21, 2025
- Latest action:
- January 13, 2026
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2270 is postponed.
Read the official bill on Congress.govMake the call
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