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Empowering Employer Child and Elder Care Solutions Act
H. R. 2270 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.
Summary
This bill amends the Fair Labor Standards Act to exclude child and dependent care services and payments from the calculation of overtime compensation rates. When an employer provides child care or dependent care services to employees or pays for such services, the value of those benefits would not be counted toward the base rate used to determine overtime pay. The change applies to overtime compensation for workweeks beginning after the bill is enacted into law.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Messmer, Mark [R-IN-8] (R-IN)
8 cosponsors
Money behind the sponsor
Top reported contributors to Mark B. Messmer’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- NULL $75,844
- HOUSE WIFE $17,400
- WABASH VALLEY PRODUCE $13,200
- UEBELHOR & SONS $7,600
- INDIANA CARDINAL $7,200
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Mark B. Messmer → · Outside spending →
Actions (17)
- Jan 13, 2026 POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2270 is postponed. · house
- Jan 13, 2026 On motion to recommit Failed by the Yeas and Nays: 209 - 213 (Roll no. 20). · house
- Jan 13, 2026 Considered as unfinished business. (consideration: CR H693-694) · house
- Jan 13, 2026 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. · house
- Jan 13, 2026 The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX. · house
- Jan 13, 2026 Ms. Lee (PA) moved to recommit to the Committee on Education and Workforce. (text: CR H684-685) · house
- Jan 13, 2026 The previous question was ordered pursuant to the rule. · house
- Jan 13, 2026 DEBATE - The House proceeded with one hour of debate on H.R. 2270. · house
- Jan 13, 2026 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. · house
- Jan 13, 2026 Considered under the provisions of rule H. Res. 988. (consideration: CR H681-685; text of amendment in the nature of a substitute: CR H681) · house
- Jan 12, 2026 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. · house
- Dec 18, 2025 Placed on the Union Calendar, Calendar No. 359. · house
- Dec 18, 2025 Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-413. · house
- Apr 9, 2025 Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 13. · house
- Apr 9, 2025 Committee Consideration and Mark-up Session Held · house
- Mar 21, 2025 Referred to the House Committee on Education and Workforce. · house
- Mar 21, 2025 Introduced in House
How your representatives voted
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Roll-call votes (1)
How the chamber voted on this bill — the outcome, the tally by party, and every member's recorded position. A factual record.
- On Motion to RecommitFailed
209 Yea · 213 Nay · 9 Not voting
- Republicans0Yea36Nay1NV
- Democrats27Yea0Nay1NV
The party tally and member list below cover the 65 of 431 positions we've recorded so far; the outcome above is the official chamber result.
See how each member voted (65)
Yea(27)
- Al Green
- Becca Balint
- Bonnie Watson Coleman
- Brendan F. Boyle
- Chrissy Houlahan
- Christopher R. Deluzio
- Donald Norcross
- Dwight Evans
- Frank Pallone
- Henry Cuellar
- Herbert C. Conaway
- Jasmine Crockett
- Joaquin Castro
- Josh Gottheimer
- Julie Johnson
- Lamonica Mciver
- Lizzie Fletcher
- Lloyd Doggett
- Madeleine Dean
- Marc A. Veasey
- Mary Gay Scanlon
- Nellie Pou
- Robert Menendez
- Summer L. Lee
- Sylvia R. Garcia
- Veronica Escobar
- Vicente Gonzalez
Nay(36)
- August Pfluger
- Beth Van Duyne
- Brandon Gill
- Brian Babin
- Brian K. Fitzpatrick
- Chip Roy
- Christopher H. Smith
- Craig A. Goldman
- Dan Crenshaw
- Daniel Meuser
- Glenn Thompson
- Guy Reschenthaler
- Jake Ellzey
- Jefferson Van Drew
- Jodey C. Arrington
- John Joyce
- John R. Carter
- Keith Self
- Lance Gooden
- Lloyd Smucker
- Michael Cloud
- Michael T. Mccaul
- Mike Kelly
- Monica De La Cruz
- Morgan Luttrell
- Nathaniel Moran
- Pat Fallon
- Pete Sessions
- Randy K. Sr. Weber
- Robert P. Bresnahan
- Roger Williams
- Ronny Jackson
- Ryan Mackenzie
- Scott Perry
- Thomas H. Kean
- Troy E. Nehls
Not voting(2)
More bills on these subjects (8)
Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Text versions (2)
Bills are re-published as they move (Introduced → Reported → Engrossed → Enrolled …). Each stage below is a separate text; pick two to see what changed. Data from Congress.gov.
Full text
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.
SECTION 1. SHORT TITLE.
This Act may be cited as the “Empowering Employer Child and Elder Care Solutions Act”.
SEC. 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. Union Calendar No. 359
119th CONGRESS
1st Session
H. R. 2270
[Report No. 119-413]
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.
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
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