Flexibility for Workers Education Act
This bill modifies the definition of hours worked under the Fair Labor Standards Act to exclude 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 work for the employer during the training.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2262
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
March 21, 2025
Mrs. Hinson (for herself, Ms. Letlow, and Mr. Messmer) 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 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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Introduced in House
Referred to the House Committee on Education and Workforce.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 13.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-423.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-423.
Placed on the Union Calendar, Calendar No. 369.
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.
Considered under the provisions of rule H. Res. 988. (consideration: CR H677-681; text of amendment in the nature of a substitute: CR H677-678)
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.
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DEBATE - The House proceeded with one hour of debate on H.R. 2262.
The previous question was ordered pursuant to the rule.
Mr. Norcross moved to recommit to the Committee on Education and Workforce. (text: CR H680-681)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2262, the Chair put the question on motion to recommit and by voice vote, announced the noes had prevailed. Mr. Norcross demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H692-693)
On motion to recommit Failed by the Yeas and Nays: 209 - 213 (Roll no. 18).
Roll Call #18 (House)Failed of passage/not agreed to in House On passage Failed by the Yeas and Nays: 209 - 215 (Roll no. 19).
Roll Call #19 (House)On passage Failed by the Yeas and Nays: 209 - 215 (Roll no. 19).
Roll Call #19 (House)Motion to reconsider laid on the table Agreed to without objection.