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Valuing Employee Stock Today Act
To amend the Fair Labor Standards Act of 1938 to protect worker access to employer equity, and for other purposes.
Summary
- Amends the Fair Labor Standards Act to explicitly include restricted stock units in the exemption from regular rate determinations used to calculate overtime pay.
- Clarifies that the value or income derived from restricted stock unit programs should not be counted when calculating an employee's overtime compensation, consistent with the treatment of stock options and employee stock purchase programs.
- Modifies the exemption language to allow employees to exercise or accept equity awards, expanding the conditions under which the exemption applies.
- Takes effect 90 days after enactment.
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)
1 cosponsor
Money behind the sponsor
Top reported contributors to Ryan Mackenzie’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- SUNDANCE VACATIONS $10,400
- COMMONWEALTH OF PA $9,900
- STARKEY HEARING TECHNOLOGIES $9,900
- WELLS FARGO ADVISORS $9,210
- LEHIGH VALLEY WATER SYSTEMS $7,600
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Ryan Mackenzie → · Outside spending →
Actions (4)
- Jul 21, 2026 Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15. · house
- Jul 21, 2026 Committee Consideration and Mark-up Session Held · house
- May 4, 2026 Referred to the House Committee on Education and Workforce. · house
- May 4, 2026 Introduced in House
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.
Committee action
What happened to this bill in committee — the meetings where it was considered and every recorded vote taken on it.
As published:Roll Call Vote #8 | H.R. 8660 | Motion to Report as Amended | Passed (18y-15n)
Meetings where this bill was on the agenda
Full text
IN THE HOUSE OF REPRESENTATIVES
May 4, 2026
Mr. Mackenzie introduced the following bill; which was referred to the Committee on Education and Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to protect worker access to employer equity, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Valuing Employee Stock Today Act”.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Worker Economic Opportunity Act of 2000 (Public Law 106-202) amended section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)) by adding a new paragraph (8) to such section 7(e) to exempt any value or income derived from employer-provided grants or rights provided pursuant to a stock option, stock appreciation right, or bona fide employee stock purchase program from the determination of an employee’s regular rate for purposes of calculating such employee’s overtime compensation.
(2) The lack of explicit mention of restricted stock units in paragraph (8) of section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)), as added by the Worker Economic Opportunity Act of 2000 (Public Law 106-202), was not an intentional exclusion from such paragraph (8), but a reflection that this type of equity award was not commonly used as of the date of enactment of the Worker Economic Opportunity Act of 2000 (Public Law 106-202).
(3) Congress clearly established in the Joint Statement of Legislative Intent accompanying the Worker Economic Opportunity Act of 2000 (Public Law 106-202) that such Act was designed to be broad and flexible enough “to accommodate a wide variety of [employee equity] programs” and to “be flexible and forward- looking” and interpreted consistent with its purpose “to encourage employers to provide opportunities for equity participation to employees”.
(4) In the years since 2000, restricted stock units have become a highly common form of equity for both salaried and hourly employees that, consistent with the Joint Statement of Legislative Intent accompanying the Worker Economic Opportunity Act of 2000 (Public Law 106-202), allow employees to share in the future success of their companies through a mechanism that may not otherwise be available to rank-and-file workers.
(5) Restricted stock units should qualify for the exemption from regular rate determinations under paragraph (8) of section 7(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)(8)) because such paragraph would have explicitly mentioned restricted stock units as qualifying for such exemption had restricted stock units been a common form of employer-provided equity compensation as of the date of enactment of the Worker Economic Opportunity Act of 2000 (Public Law 106-202).
SEC. 3. CLARIFICATION OF THE EMPLOYER EQUITY EXEMPTION FROM REGULAR RATE DETERMINATIONS.
(a) Clarification.—Section 7(e)(8) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(e)(8)) is amended—
(1) in the matter preceding subparagraph (A), by striking “or bona fide employee stock purchase program” and inserting “bona fide employee stock purchase program, or restricted stock unit program”; and
(2) in subparagraph (C), by striking “exercise” and inserting “exercise or acceptance”.
(b) Effective Date.—The amendments made by this section shall take effect on the date that is 90 days after the date of enactment of this Act. <all>
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