H.R. 2870 the "Working Families Flexibility Act"; H.R. 2312 the "Tipped Employee Protection Act"; H.R. 2299 the "Ensuring Workers Get PAID Act of 2025"

Committee on Economic and Educational Opportunities

2025-11-20

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Source: Congress.gov

Summary

The House Committee on Education and the Workforce met to consider three bills aimed at modernizing the Fair Labor Standards Act, supporting employees, and promoting workplace flexibility, following the welcome of new Representative Adelita Grijalva.[ 00:02:15-00:02:29 ] [ 00:09:02-00:09:17 ]

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 The meeting involved extensive debate between Republican and Democratic members, highlighting significant partisan differences on labor policy.

Themes

Welcome of Representative Adelita Grijalva

Representative Adelita Grijalva was warmly welcomed to the committee by Chairman Brad Sherman and Ranking Member Robert Scott. Her father, Raul Grijalva, was a long-serving member of the committee, and her experience includes two decades on the Tucson Unified School District Governing Board and the County Board of Supervisors, where she championed educational equity and workforce initiatives. Representative Grijalva expressed honor at the opportunity and emphasized her commitment to protecting public education and the Department of Education, particularly against current administration attacks on essential access and equity programs.[ 00:05:14-00:06:34 ]

H.R. 2870: Working Families Flexibility Act

This bill proposes allowing private sector workers to choose compensatory time off (comp time) instead of traditional overtime pay, an option already available to public sector employees.[ 00:09:45-00:10:03 ]

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 Proponents argued it provides workers with greater flexibility and choice, enabling them to decide between extra pay or paid time off to spend with families, without sacrificing existing worker protections. Opponents, however, contended that the bill primarily benefits employers by allowing them to deny comp time requests and avoid paying time-and-a-half for overtime, thus reducing workers' take-home pay and control over their time.[ 00:39:04-00:39:21 ]

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 Critics labeled it a "scam" that leaves workers with less pay and unclear scheduling, especially for those earning under $35,000 annually who rely on overtime to make ends meet.

H.R. 2312: Tipped Employee Protection Act

This legislation aims to redefine "tipped employee" in the Fair Labor Standards Act (FLSA) to provide clarity for businesses and prevent complex timekeeping requirements.[ 00:10:27-00:11:12 ]

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 Supporters stated that it replaces an outdated and difficult-to-enforce "80-20 rule" (limiting untipped tasks for tipped workers), thereby reducing red tape for businesses and allowing the Department of Labor to focus on actual wage violations. Opponents countered that the bill would make workers more vulnerable to wage theft by expanding the pool of employees who can be paid a sub-minimum wage, allowing employers to manipulate job definitions and pay periods. Concerns were raised that it would decrease workers' earning power and predictability, potentially affecting those who receive tips only occasionally, and undermining state laws that provide stronger protections.

H.R. 2299: Ensuring Workers Get Paid Act

This bill seeks to permanently authorize the Payroll Audit Independent Determination (PAID) program at the Department of Labor, allowing employers to self-audit and self-report FLSA violations without penalties.[ 00:11:15-00:11:23 ]

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 Proponents argued that this program successfully returned back wages to workers faster, reduced compliance costs for businesses, and fostered a better relationship between employers and the government by removing acrimony over inadvertent mistakes. Critics, however, asserted that the bill enables wage theft by allowing employers to avoid penalties, damages, and accrued interest, effectively treating stolen wages as interest-free loans. They highlighted that it undermines workers' rights to pursue legal action, preempts state and local enforcement, and was found to be ineffective during its pilot phase by the Government Accountability Office.

Tone of the Meeting

The tone of the meeting was largely formal and procedural, with a strong undercurrent of partisan division.[ 00:01:48-00:02:29 ] Republican members consistently advocated for the bills, emphasizing themes of flexibility, choice, and reducing regulatory burdens for businesses, often portraying their proposals as "common sense solutions."[ 00:11:48-00:12:01 ]

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 In contrast, Democratic members expressed sharp opposition, using strong language such as "scam," "shameful," and "wage theft" to describe the potential impacts on workers. They criticized the bills for allegedly prioritizing corporate interests over worker protections and exacerbating economic challenges for low-wage earners.[ 00:15:45-00:15:57 ]

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 The debate was passionate and highlighted fundamental disagreements on the role of government in regulating labor and protecting workers' rights.

Participants

Transcript

I'm to order.  Turn the microphone on.  A quorum is present.  The committee meets today pursuant to notice to consider three bills.   The Chair announces that requests for recorded votes may be postponed pursuant to Clause 2 of Rule 11 of the Rules of the House of Representatives and Committee Rule 14 .  Without objection, the Chair may recess the Committee at any point.  But before we move any further, I would like to welcome Representative Adelita Grijalva.  The name is familiar.  This is the place that you ought to be.   the place that we enjoyed serving with your father for many years.  And so I appreciate the fact that you come to this committee.  We want to welcome you today and wish you the absolute best in enjoying the best committee in the entire House of Representatives.  And I'd like to turn over now to Ranking Member Scott to welcome the representative as well.
Thank you, Mr. Chairman.  It's my pleasure to welcome Congresswoman Adelita Grijalva to the House Committee on Education and the Workforce.  It was an honor to work alongside of her father, Raul Grijalva, who was a longtime and senior member of this committee and a champion for his constituents.  He fiercely defended unions and civil rights in the workplace, and his dedication to workers and students continues to inspire us today.   A new member served on the Tucson Unified School District Governing Board, so she brings to the committee two decades of experience in applied education policy.  And she also served on the County Board of Supervisors, where she championed educational equity and workforce initiatives.  So Congresswoman Gauharva brings invaluable expertise to this committee.   Now, after becoming probably the most famous member elect in the history of the United States through no action of her own, we're excited to finally have her here, and we look forward to working with her on behalf of her students and workers.  So welcome to the committee.   Mr. Chairman, I also want to point out that Representative Ansari, also from Arizona, has resigned from the committee.  And although she was only with us for a few months, she was an active member of the committee, and we thank her for her service.  With that, Mr. Chairman, I yield back.
I thank the gentleman without objection.   And hearing none, Representative Grijalva will be added to the Subcommittee on Higher Education and Workforce Development and the Subcommittee on Early Childhood, Elementary and Secondary Education.  I'd like to recognize Representative Grijalva for one minute to make a brief statement.
Thank you, Mr. Chairman.  I'm truly honored to be welcomed to the House Committee on Education and Workforce.   Thank you, committee leadership, for this opportunity.  And I look forward to beginning our important work together.  As mentioned, I served on the Tucson Unified School District Governing Board for 20 years, on the Pima County Board of Supervisors for four years, where we championed preschool and investment in our workforce.  And I also ran a juvenile diversion program for 26 years that was designed to break the school to prison pipeline.   So I feel very much at home in the issues that are discussed here.  And our students face an uncertain world.  Our workers do as well.  And so the work of this committee is urgent because the current administration continues to attack   public education and essential programs that ensure access and equity.  I understand the gravity of the work ahead, even the unnecessary delay in my swearing in, only to underscore the necessity for representatives committed to standing up for what's right.  I dedicate myself completely to protecting our public schools and the Department of Education, ensuring a future where the next generation has the opportunity that they deserve.  Thank you.  I yield back.
I thank you as well.   I will make it clear that we are not about attacking public education or anyone else, and so your insights will be very helpful here as well.  Now we will turn to the markup portion of today's meeting.  Today we'll consider three bills to modernize the Fair Labor Standards Act.   FLSA, support employees, and promote freedom and flexibility at workplaces around the country.  While some of these ideas have already been implemented by the Trump administration, passing legislation provides clarity for businesses and avoids the confusion and burdensome regulations we saw under the Biden-Harris administration.   The first bill that we'll consider today, H.R.

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