Flexibility for Workers Education Act

Section 3(o) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(o)) is amended to read as follows:

In determining for the purposes of sections 6 and 7 the hours for which an employee is employed, there shall be excluded—

(1) any time spent in changing clothes or washing at the beginning or end of each workday which 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 particular employee; and

(2) any time spent attending or participating in an education or training program or a similar activity (such as a lecture), regardless of whether the program or activity is offered or facilitated by the employer, provided that—

(A) such attendance or participation occurs outside of the employee’s regular working hours;

(B) such attendance or participation is voluntary, and the employer does not take adverse action against the employee on the basis that such employee does not so attend or participate; and

(C) the employee does not perform any work for the employer during such attendance or participation.

The amendment made by subsection (a) shall apply with respect to hours worked on or after the date of enactment of this Act.