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Congress·Reported·about 2 months ago

House Republicans push to exclude employer child and elder care benefits from overtime pay math

Also known as: Empowering Employer Child and Elder Care Solutions Act

Legislative Progress

✓ Filed
Review
House
Senate
President

Impacts

Negative Impacts(2)
Housing Assistance
Hurts
Child Tax Credit
Hurts
Mixed Impacts(3)
Disability Benefits
Neutral
Chronic Illness
Neutral
Gig Worker
Neutral
Positive Impacts(1)
Small Business Owner
Helps

Key Points

  • If your job helps pay for child care or care for an elderly parent, that help would not count when figuring your overtime hourly rate.
  • That could mean slightly smaller overtime checks for some workers, because overtime would be based more on your regular wages, not added care benefits.
  • For employers, it may make it cheaper to offer child or elder care help, since it would not raise overtime pay costs.
  • This change would apply only going forward, starting with the first workweek after the bill becomes law.
  • It mainly affects hourly workers who get these care benefits and also work overtime in the same period.
Labor EmploymentConsumer Protection

Milestones

3 milestones6 actions
Dec 18, 2025House

Placed on the Union Calendar, Calendar No. 359.

Dec 18, 2025House

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

Apr 9, 2025House

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

Apr 9, 2025House

Committee Consideration and Mark-up Session Held

Mar 21, 2025House

Referred to the House Committee on Education and Workforce.

What Happens Next

Projected impacts based on AI analysis

Within weeks to a few months after enactment

Employers may update payroll systems and benefit policies

Some workplaces may change how they label or deliver care benefits (for example, reimbursements vs. direct services) and update payroll rules so overtime is calculated under the new method. Workers may notice changes in pay stubs during overtime weeks.

Vote Results

1 vote
HouseFailedAmendmentJan 13, 2026

On Motion to Recommit

209
213
Democrat
209 – 0 · 4
Republican
0 – 213 · 5
View full roll call

Related News

2 articles
Congresswoman Elise Stefanik (Press Release)·11 months ago

Stefanik, Messmer’s Bill Expanding Child and Dependent Care Advances out of Committee

Announces committee advancement of the Empowering Employer Child and Elder Care Solutions Act; frames it as reducing regulatory burden and expanding access to care benefits.

R+
CitizenPortal.ai·11 months ago

Committee approves bill to exclude employer child/elder care payments from FLSA overtime rate

AI-written recap stating the House Education and the Workforce Committee voted to report H.R. 2270; describes excluding dependent-care benefits from regular-rate overtime calculations.

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Source Information

Document Type

Congressional Bill

Official Title

Empowering Employer Child and Elder Care Solutions Act

Bill NumberHR 2270
Congress119th Congress
ChamberHouse of Representatives
Latest ActionRules 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.

Sponsor

Cosponsors

(8)
D: 1R: 7

Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.