2 meetings related to this legislation
Changes the Fair Labor Standards Act so two types of time are not counted as "hours worked." First, time spent changing clothes or washing at the start or end of the day is excluded when that practice already was excluded by a bona fide collective‑bargaining agreement or long‑standing custom or practice. Second, time spent in lectures, meetings, training, or similar educational activities is excluded if three tests are met: it occurs outside regular working hours, it is truly voluntary with no adverse job consequences, and no productive work is performed while attending. The rule applies to hours worked on or after the law is enacted.
Updated 1 day ago
Last progress January 13, 2026 (5 days ago)
Amends Section 3(o) of the Fair Labor Standards Act (29 U.S.C. 203(o)) to revise the rules for what counts as "hours worked" for purposes of sections 6 and 7 of the Act.
Excludes from "hours worked" any time spent changing clothes or washing at the beginning or end of each workday when that time 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 employee.
Excludes from "hours worked" any time spent attending or participating in lectures, education or training programs, and similar activities, regardless of whether the activity is offered or facilitated by the employer, provided conditions (A)–(C) are met.
Condition (A): The attendance or participation must occur outside of the employee’s regular working hours.
Condition (B): The attendance or participation must be voluntary, and continuation of employment and the working conditions related to that employment must not be adversely affected by non-attendance or non-participation.
Who is affected and how:
Hourly, nonexempt employees: May see fewer compensable hours if their employer excludes covered changing/washing time (but only where such exclusions already existed by CBA or custom) or excludes voluntary, off‑hour training that meets the three statutory tests. If training is mandatory or effectively required, employees remain entitled to pay.
Employers and payroll/HR departments: Gain a clearer statutory basis to treat certain changing/washing time and qualifying off‑hour training as noncompensable, potentially lowering payroll costs. They will need to update policies, timekeeping, and documentation to show the three training conditions are satisfied and to verify any prior CBA/custom exclusions for changing/washing time.
Labor unions and collective‑bargaining parties: May need to confirm or renegotiate contract language to preserve protections for changing/washing time or training pay; the statute expressly leaves in place exclusions that previously existed under bona fide CBAs or custom/practice.
Wage‑and‑hour enforcement entities and courts: Likely to evaluate disputes over whether training was truly voluntary, whether attendance carried adverse consequences, whether activities occurred outside regular hours, and whether productive work occurred during the activity. Ambiguous cases increase litigation and administrative review risk.
Net effects and considerations:
Last progress January 13, 2026 (5 days ago)
Introduced on March 21, 2025 by Ashley Hinson