| 1 | 1 | | I |
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| 2 | 2 | | 119THCONGRESS |
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| 3 | 3 | | 1 |
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| 4 | 4 | | STSESSION H. R. 2262 |
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| 5 | 5 | | To amend the Fair Labor Standards Act of 1938 to exclude certain activities |
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| 6 | 6 | | from hours worked, and for other purposes. |
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| 7 | 7 | | IN THE HOUSE OF REPRESENTATIVES |
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| 8 | 8 | | MARCH21, 2025 |
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| 9 | 9 | | Mrs. H |
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| 10 | 10 | | INSON(for herself, Ms. LETLOW, and Mr. MESSMER) introduced the |
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| 11 | 11 | | following bill; which was referred to the Committee on Education and |
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| 12 | 12 | | Workforce |
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| 13 | 13 | | A BILL |
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| 14 | 14 | | To amend the Fair Labor Standards Act of 1938 to exclude |
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| 15 | 15 | | certain activities from hours worked, and for other purposes. |
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| 16 | 16 | | Be it enacted by the Senate and House of Representa-1 |
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| 17 | 17 | | tives of the United States of America in Congress assembled, 2 |
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| 18 | 18 | | SECTION 1. SHORT TITLE. 3 |
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| 19 | 19 | | This Act may be cited as the ‘‘Flexibility for Workers 4 |
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| 20 | 20 | | Education Act’’. 5 |
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| 21 | 21 | | SEC. 2. TREATMENT OF ATTENDANCE OR PARTICIPATION 6 |
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| 22 | 22 | | IN CERTAIN ACTIVITIES. 7 |
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| 23 | 23 | | (a) I |
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| 24 | 24 | | NGENERAL.—Section 3(o) of the Fair Labor 8 |
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| 25 | 25 | | Standards Act of 1938 (29 U.S.C. 203(o)) is amended to 9 |
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| 26 | 26 | | read as follows: 10 |
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| 27 | 27 | | VerDate Sep 11 2014 08:46 Mar 26, 2025 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262 |
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| 28 | 28 | | mprince on LAP1J3WLY3PROD with $$_JOB 2 |
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| 29 | 29 | | •HR 2262 IH |
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| 30 | 30 | | ‘‘(o) HOURSWORKED.—In determining for the pur-1 |
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| 31 | 31 | | poses of sections 6 and 7 the hours for which an employee 2 |
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| 32 | 32 | | is employed, there shall be excluded— 3 |
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| 33 | 33 | | ‘‘(1) any time spent in changing clothes or 4 |
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| 34 | 34 | | washing at the beginning or end of each workday 5 |
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| 35 | 35 | | which was excluded from measured working time 6 |
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| 36 | 36 | | during the week involved by the express terms of or 7 |
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| 37 | 37 | | by custom or practice under a bona fide collective- 8 |
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| 38 | 38 | | bargaining agreement applicable to the particular 9 |
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| 39 | 39 | | employee; and 10 |
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| 40 | 40 | | ‘‘(2) any time spent attending or participating 11 |
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| 41 | 41 | | in lectures, education or training programs, and 12 |
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| 42 | 42 | | similar activities, regardless of whether the activity 13 |
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| 43 | 43 | | is offered or facilitated by the employer, provided 14 |
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| 44 | 44 | | that— 15 |
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| 45 | 45 | | ‘‘(A) such attendance or participation oc-16 |
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| 46 | 46 | | curs outside of the employee’s regular working 17 |
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| 47 | 47 | | hours; 18 |
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| 48 | 48 | | ‘‘(B) such attendance or participation is 19 |
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| 49 | 49 | | voluntary and the continuation of employment 20 |
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| 50 | 50 | | and the working conditions related to such em-21 |
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| 51 | 51 | | ployment is not adversely affected by non-at-22 |
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| 52 | 52 | | tendance or non-participation; and 23 |
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| 53 | 53 | | VerDate Sep 11 2014 08:46 Mar 26, 2025 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2262.IH H2262 |
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| 54 | 54 | | mprince on LAP1J3WLY3PROD with $$_JOB 3 |
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| 55 | 55 | | •HR 2262 IH |
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| 56 | 56 | | ‘‘(C) the employee does not perform any 1 |
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| 57 | 57 | | productive work for the employer during such 2 |
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| 58 | 58 | | attendance or participation.’’. 3 |
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| 59 | 59 | | (b) E |
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| 60 | 60 | | FFECTIVEDATE.—The amendment made by 4 |
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| 61 | 61 | | subsection (a) shall apply with respect to hours worked 5 |
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| 62 | 62 | | on or after the date of enactment of this Act. 6 |
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| 63 | 63 | | Æ |
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| 64 | 64 | | VerDate Sep 11 2014 08:46 Mar 26, 2025 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2262.IH H2262 |
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| 65 | 65 | | mprince on LAP1J3WLY3PROD with $$_JOB |
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