Should certain activities be excluded from working time, and thus, compensation?

Education Labor, Jobs, and Commerce
Flexibility for Workers Education Act (H.R. 2262)
Awaiting Vote
Bill Summary

The Flexibility for Workers Education Act looks to revise the Fair Labor Standards Act of 1938 to exclude certain activities from being considered hours worked. This act would prevent workers from being reimbursed for minimum wage and overtime compensation if they were to engage in the following actions: 1) changing clothes or washing up at the beginning or end of the workday, as long as it is agreed upon by employer and employee to be excluded from working time, and 2) participating in an education or training program voluntarily, outside of regular working hours, and without completing work for the employer, regardless of if the program is led by the employer or not. Sponsor: Rep. Ashley Hinson (Republican, Iowa, District 2)
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Opponents say

•      "Eliminating the criterion of voluntariness in fact means that, with just a wink and a nudge, the boss can easily compel workers to give more of their time without FLSA’s wage and hour protections. The absence of the ‘‘directly related’’ qualifier means that an employer could organize or facilitate a training that is directly related to an employee’s job, after the employee’s shift, call it voluntary, and do so off the clock or outside of minimum wage or overtime calculations. This would undermine the longstanding principle that any activity that is ‘‘integral and indispensable’’ to the principal activity of the employee’s job is work performed for the benefit of the employer that must be fairly compensated in accordance with FLSA’s minimum wage and overtime provisions. The bill makes it very easy for an employer to benefit from workers’ time without paying for it... This bill is a bizarre deviation from decades of precedent and the core remedial and humanitarian principles of FLSA. It cheapens workers’ most precious commodity—their time." Source: Education & Workforce Committee Democrats


•      "This bill, H.R. 2262, would relieve employers of the obligation to pay employees for training outside their regular working hours. Under the Fair Labor Standards Act (FLSA), employees must be compensated for employer-mandated education and training outside their regular work hours. Essentially, the FLSA protects workers from being compelled to volunteer their time for job-related training without wage and hour protections. However, this bill significantly weakens these protections because it would permit employers to provide job-related training after hours and off the clock, so long as they do not state that it is “technically required.” However, employers can still lead workers to believe that the training is needed. You can just imply that if you want a raise or a promotion, it would be nice to get the training. Well, that’s not really “required,” but this legislation is based on the flawed premise that if you provide workers with certain opportunities or benefits, employers must be able to pay them less. That doesn’t make sense." Source: Rep. Robert C. “Bobby” Scott (Democrat, Virginia, District 3), Ranking Member of Education & Workforce Committee Democrats

Proponents say

•      "Under the Fair Labor Standards Act (FLSA), the owner cannot offer to pay for a class or online certification earned outside of working hours without paying hourly wages to that employee. Employees lose out on valuable training that could help them advance their careers. The Flexibility for Workers Education Act would modify FLSA to permit businesses to offer voluntary growth and development opportunities related to the employee’s job outside of work hours and without counting toward hours worked. This could encourage employees to invest in the development of their staff." Source: Patrice Onwuka, Director of the Center for Economic Opportunity at the Independent Women’s Forum


•      "SBE Council strongly supports H.R. 2262, the Flexibility for Workers Education Act. At a time when small businesses are striving to stay competitive in a challenging business environment and labor market, employers need reasonable rules that encourage upskilling and professional development without triggering unintended wage and hour liabilities. By clarifying that time spent on voluntary educational and development activities outside of regular work hours does not count toward minimum wage and overtime calculations, H.R. 2262 fixes a significant compliance barrier that makes it simpler for small businesses to encourage and offer skills training and development opportunities that benefit their employees’ career and personal growth SBE Council thanks Representative Ashley Hinson for her leadership in introducing this important legislation. We urge every member of the U.S. House to support this important legislation." Source: Karen Kerrigan, Small Business & Entrepreneurship (SBE) Council President and CEO


•      "The Flexibility for Workers Education Act, introduced by Congresswoman Ashley Hinson, proposes a simple but important fix: allowing businesses to provide voluntary upskilling, training, and educational programs to employees outside of work hours without requiring those hours to be counted as compensable time. This change would ensure that workers can pursue professional growth without placing an undue financial burden on employers. The legislation maintains strong worker protections—participation in these training opportunities would be entirely voluntary, occur outside of work hours, and could not involve productive work for the employer. Removing this regulatory hurdle would expand access to employer-sponsored education, making it easier for workers to develop the skills necessary for higher-paying jobs and career advancement… By modernizing the FLSA to accommodate voluntary education and training, this legislation will play a crucial role in addressing the nation’s skills gap and helping businesses fill critical positions." Source: Sam Caucci, Founder and CEO of 1Huddle

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