BGOV Bill Analysis: H.R. 2270, Child and Elder Care Overtime

Employers wouldn’t have to include the value of child and dependent care benefits when paying overtime to workers under H.R. 2270.

The bill would exclude the payments, reimbursements, or value of such services from an employee’s regular rate, which is paid at 150% for time worked in excess of 40 hours per week under the Fair Labor Standards Act. The provision would apply to overtime accrued after the bill’s enactment.

Rep. Mark Messmer (R-Ind.), the bill’s sponsor, and other supporters of the measure say including child and dependent care in overtime is confusing to calculate and discourages employers ...