II 118th CONGRESS 1st Session S. 2878 IN THE SENATE OF THE UNITED STATES September 21, 2023 Mr. Budd (for himself, Mr. Braun , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes.

1. Short title This Act may be cited as the Flexibility for Workers Education Act . 2. Treatment of attendance or participation in certain activities (a) In general Section 3(o) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(o) ) is amended to read as follows: (o) Hours worked In determining for the purposes of sections 6 and 7 the hours for which an employee is employed, there shall be excluded— (1) any time spent in changing clothes or washing at the beginning or end of each workday which was excluded from measured working time during the week involved by the express terms of or by custom or practice under a bona fide collective-bargaining agreement applicable to the particular employee; and (2) any time spent attending or participating in lectures, education or training programs, and similar activities, regardless of whether the activity is offered or facilitated by the employer, provided that— (A) the attendance or participation occurs outside of the regular working hours of the employee; (B) the attendance or participation is voluntary and the continuation of employment and the working conditions related to such employment is not adversely affected by non-attendance or non-participation; and (C) the employee does not perform any productive work for the employer during the attendance or participation. . (b) Effective date The amendment made by subsection (a) shall apply with respect to hours worked on or after the date of enactment of this Act.