Flexibility for Workers Education Act

Flexibility for Workers Education Act

This bill excludes from hours worked certain voluntary training that occurs outside an employee's regular working hours. Such training does not count as hours worked even if it is offered by the employer, provided that an employee's working conditions are not adversely affected by choosing not to participate and the employee does not perform any productive work for the employer during the training.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1084 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1084

   To amend the Fair Labor Standards Act of 1938 to exclude certain 
         activities from hours worked, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2023

 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 certain 
         activities from hours worked, 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 ``Flexibility for Workers Education 
Act''.

SEC. 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) such attendance or participation occurs 
                outside of the employee's regular working hours;
                    ``(B) such 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 such 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.
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