H.R. 2270House119th Congress (2025-2027)In Committee

Empowering Employer Child and Elder Care Solutions Act

Introduced March 21, 2025

AI-Generated Summary

Updated November 24, 2025 at 1:47 AM UTC

The Empowering Employer Child and Elder Care Solutions Act changes how overtime pay is calculated under the Fair Labor Standards Act. It removes the cost of child and dependent care services—whether paid, reimbursed, or provided directly by an employer—from the hourly rate used to determine overtime compensation. This amendment affects all employers and employees covered by the FLSA by potentially lowering the overtime rate when such care benefits are offered.

Key Provisions

  • Amends the Fair Labor Standards Act to treat payments or reimbursements for child or dependent care services as excluded from the regular rate used to calculate overtime pay.
  • Adds a new category (paragraph 9) that excludes the value of any child or dependent care services an employer provides from overtime calculations.
  • The changes take effect for any workweek that begins on or after the law is enacted.

Legislative Activity

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16 earlier actions
HouseFloor Latest Action

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

January 13, 2026 • 5:58 PM

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HouseIntro Referral

Introduced in House

March 21, 2025

HouseIntro Referral

Referred to the House Committee on Education and Workforce.

March 21, 2025

HouseCommittee

Committee Consideration and Mark-up Session Held

April 9, 2025

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 13.

April 9, 2025

HouseCommittee

Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-413.

December 18, 2025

HouseCalendars

Placed on the Union Calendar, Calendar No. 359.

December 18, 2025

HouseFloor

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.

January 12, 2026 • 6:48 PM

HouseFloor

Considered under the provisions of rule H. Res. 988. (consideration: CR H681-685; text of amendment in the nature of a substitute: CR H681)

January 13, 2026 • 2:32 PM

HouseFloor

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.

January 13, 2026 • 2:32 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 2270.

January 13, 2026 • 2:33 PM

HouseFloor

The previous question was ordered pursuant to the rule.

January 13, 2026 • 2:53 PM

HouseFloor

Ms. Lee (PA) moved to recommit to the Committee on Education and Workforce. (text: CR H684-685)

January 13, 2026 • 2:54 PM

HouseFloor

The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.

January 13, 2026 • 2:54 PM

HouseFloor

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.

January 13, 2026 • 2:55 PM

HouseFloor

Considered as unfinished business. (consideration: CR H693-694)

January 13, 2026 • 5:52 PM

HouseFloor

On motion to recommit Failed by the Yeas and Nays: 209 - 213 (Roll no. 20).

January 13, 2026 • 5:58 PM

HouseFloor

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

January 13, 2026 • 5:58 PM

Amendments

1 amendment

Offered to this bill

Floor Debate

15 members

What members said about H.R. 2270 on the floor

5 Republicans10 Democrats
Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Jan 13, 2026

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, America is suffering. Americans don't recognize the country we live in. Trump's tariffs have caused prices to soar. We have the…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · Jan 13, 2026

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 988 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Jan 13, 2026

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to H.R. 2312, the Tipped Employee Protection Act. It is actually the tipped employer protection act. Today,…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Jan 13, 2026

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to H.R. 2270, the Empowering Employer Child and Elder Care Solutions Act. Unfortunately, it doesn't solve…

Tim Walberg
Rep. Tim WalbergR-MI-5 · Jan 13, 2026

Mr. Speaker, pursuant to House Resolution 988, I call up 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…

Show 8 more
Tim Walberg
Rep. Tim WalbergR-MI-5 · Jan 13, 2026

Mr. Speaker, Pursuant to House Resolution 988, I call up 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…

Steve Womack
Rep. Steve WomackR-AR-3 · Jan 13, 2026

Mr. Speaker, I thank Chairman Walberg for this opportunity. Mr. Speaker, I rise in support of my legislation, the Tipped Employee Protection Act, which clarifies the definition of a tipped employee,…

Lucy McBath
Rep. Lucy McBathD-GA-6 · Jan 13, 2026

Mr. Speaker, I thank the ranking member for yielding me time. Mr. Speaker, I rise today to fight for some of the most overworked and underpaid people in our country to ensure that the money that they…

Dina Titus
Rep. Dina TitusD-NV-1 · Jan 13, 2026

Mr. Speaker, I rise today to voice opposition to this bill, the Tipped Employee Protection Act. Don't be fooled by the name of it. There is nothing proworker in this bill. It is like calling…

Mark Takano
Rep. Mark TakanoD-CA-39 · Jan 13, 2026

Mr. Speaker, I thank the ranking member for yielding me time. Mr. Speaker, this bill is yet another effort to chip away at the protections guaranteed at the Federal level and take money out of the…

Mark Takano
Rep. Mark TakanoD-CA-39 · Jan 13, 2026

Mr. Speaker, I thank the ranking member for yielding. Mr. Speaker, once again, my Republican colleagues are selling Americans on a bill with a flashy title and hoping that they don't read the fine…

Mark B. Messmer
Rep. Mark B. MessmerR-IN-8 · Jan 13, 2026

Mr. Speaker, I rise today to address an issue affecting both families and businesses in Indiana and across the United States, which is the expensive, but essential, financial support workers need to…

Michael Baumgartner
Rep. Michael BaumgartnerR-WA-5 · Jan 13, 2026

Mr. Speaker, my voters and my constituents sent me here to help solve problems, to help small business, to help employees, and to help grow the economy. As such, I am proud to support the Tipped…

Show 7 more
Nikki Budzinski
Rep. Nikki BudzinskiD-IL-13 · Jan 13, 2026

Mr. Speaker, I thank the ranking member for yielding me time. Mr. Speaker, I rise today in strong opposition to this legislation. This bill, deceptively named the Tipped Employee Protection Act,…

Steven Horsford
Rep. Steven HorsfordD-NV-4 · Jan 13, 2026

Mr. Speaker, I thank the ranking member for yielding time. Mr. Speaker, this debate comes down to one simple question: What is fair for tipped workers? All across America, and especially in my home…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Jan 13, 2026

Mr. Speaker, as we stand here, workers' rights are under attack, and working families are struggling to decide between paying rent and paying for groceries. Instead of lowering costs, this week, the…

Summer L. Lee
Rep. Summer L. LeeD-PA-12 · Jan 13, 2026

Mr. Speaker, we have a childcare crisis in this country. In my home State of Pennsylvania, infant and toddler care costs on average $14,000 per year. That is almost one-half of the average annual…

Val T. Hoyle
Rep. Val T. HoyleD-OR-4 · Jan 13, 2026

Mr. Speaker, I rise today in opposition to the rule and H.R. 2312, the Tipped Employee Protection Act. When I was a waitress in 1983, the tipped wage was exactly the same as it is now. It is $2.13 an…

Melanie A. Stansbury
Rep. Melanie A. StansburyD-NM-1 · Jan 13, 2026

Mr. Speaker, had I been present, I would have voted NAY on Roll Call No. 16.

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · Jan 13, 2026

Mr. Speaker, I demand a recorded vote.

Bill Text

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Latest
Reported in HouseIssued December 18, 2025

IB

Union Calendar No. 359

119th CONGRESS

1st Session

H. R. 2270

[Report No. 119–413]

IN THE HOUSE OF REPRESENTATIVES

March 21, 2025

Mr. Messmer (for himself, Mr. Moolenaar, Mrs. Hinson, and Mr. Harder of California) introduced the following bill; which was referred to the Committee on Education and Workforce

December 18, 2025

Additional sponsors: Mr. Thompson of Pennsylvania, Ms. Stefanik, Mr. Fine, Mr. Harris of North Carolina, and Mr. Onder

December 18, 2025

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on March 21, 2025


A BILL

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.


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, 2025

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed