I 118th CONGRESS 1st Session H. R. 3271 IN THE HOUSE OF REPRESENTATIVES May 11, 2023 Ms. Stefanik (for herself, Mr. Harder of California , and Mrs. Hinson ) introduced the following bill; which was referred to the Committee on Education and the Workforce 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 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.