Flexibility for Workers Education Act

What this does

This bill would amend section 3(o) of the Fair Labor Standards Act so that time an employee spends attending or participating in lectures, education or training programs, and similar activities is excluded from the hours worked used to determine minimum wage and overtime under sections 6 and 7 of that Act. The exclusion would apply regardless of whether the employer offers or facilitates the activity, but only when the participation occurs outside the employee's regular working hours, is voluntary with continued employment and working conditions not adversely affected by non-participation, and involves no productive work for the employer. It would keep the existing exclusion for time spent changing clothes or washing under a bona fide collective-bargaining agreement. The change would apply to hours worked on or after the date of enactment. It did not pass the House (vote 209-215).