Official Summaries

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.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2262 Reported in House (RH)]

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                                                 Union Calendar No. 369
119th CONGRESS
  1st Session
                                H. R. 2262

                          [Report No. 119-423]

   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

                           December 30, 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 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 an 
        education or training program or a similar activity (such as a 
        lecture), regardless of whether the program or 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 employer does not take adverse 
                action against the employee on the basis that such 
                employee does not so attend or participate; and
                    ``(C) the employee does not perform any 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.
                                                 Union Calendar No. 369

119th CONGRESS

  1st Session

                               H. R. 2262

                          [Report No. 119-423]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 30, 2025

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed