Tim Walberg

Mr. WALBERG

Mr. WALBERG. Mr. Speaker, we are getting to a point, I think, that the old adage that everything has been said, just not everyone has said it yet. But with fear of offending that specific adage, I must respectfully, again, address the fact of the misconception that is being put forward about the Biden ESG rule as being neutral. That was, is, and always will be patently false. The Biden-Harris ESG rule was explicitly intended to advance the left's radical climate and social agenda that harms Americans' retirement and long-term financial well-being. Even though the debate can be made about ESG issues, that is not what we want to see taking place for the best benefit of retirees. This legislation is needed to combat the Biden rule which was issued in response to not one but two executive orders on climate change. The Biden Labor Department expressly stated that the intended effect of the rule is to loosen restrictions on fiduciaries and encourage them to consider ESG factors in their decisionmaking; to encourage them, not simply allow it, but to encourage them. The Biden Labor Department's explanation of the rule lists ESG factors that it believes are relevant to investment performance, including impacts to climate change, corporate board composition, and workplace diversity and inclusion. H.R. 2988 is essential to restore the neutrality of financial factor- only evaluation when investing to protect America's retirement savers. Mr. Speaker, I reserve the balance of my time.

Mr. WALBERG. Mr. Speaker, I am prepared to close, and I reserve the balance of my time.

Mr. WALBERG. Mr. Speaker, I yield myself the balance of my time. Let me close with this: H.R. 2988 is about keeping retirement investing focused on what matters--protecting workers and retirees. The Biden-Harris ESG rule encouraged fiduciaries to consider political and ideological factors in retirement plans, even when that could increase risk and reduce returns. That is unacceptable. Representative Rick Allen's bill restores the ERISA standard by requiring that investment decisions be based only on economic factors. It ensures proxy voting and shareholder rights are exercised solely in the financial interest of plan participants, not to push radical policies. It bans discrimination in selecting plan fiduciaries and service providers based on race, religion, sex, or national origin. It almost sounds American in its idea. It improves transparency by requiring plans to explain the difference between fiduciary-selected investments and brokerage windows. This bill puts retirement savers first, and I urge my colleagues to vote ``yes'' on this bill. Mr. Speaker, I yield back the balance of my time.

Mr. WALBERG. Mr. Speaker, on that I demand the yeas and nays.

Mr. WALBERG. Mr. Speaker, on that I demand the yeas and nays.

Mr. WALBERG

Mr. WALBERG. Mr. Speaker, pursuant to House Resolution 988, I call up the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes, and ask for its immediate consideration in the House.

Mr. WALBERG. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 2262.

Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, hardworking Americans should never be barred from voluntarily pursuing professional development or training opportunities. In fact, we should be giving workers more opportunities to get the skills they need to thrive in a rapidly changing economy. Unfortunately, current Federal law makes it harder for employers to provide voluntary training and upscaling opportunities. Oftentimes that means workers must take time out of their busy lives to look beyond the workplace for programs that they should be able to get at work. Needless to say, this makes absolutely no sense. Employers understand their employees and whether skills gaps exist in their own workforces. If a business knows how to train its employees to succeed in a role, then it should be allowed to teach those skills and invest in the employees' professional development. There simply is no need for arbitrary roadblocks that make it harder for businesses to offer voluntary trainings to their own employees. Republicans are already promoting upscaling and training opportunities to help strengthen the American workforce. Last summer, we passed a Working Families Tax Cuts Act, which expanded opportunities for young Americans to access short-term, high-quality credentialing and training opportunities. Mr. Speaker, H.R. 2262 builds on that success by simply allowing employers to offer voluntary education and upscaling opportunities to nonexempt employees so that workers can easily take control of their own professional development. This doesn't just help the business grow. It provides new, tangible skills that help employees do better in their own careers and sets them up for success on their own. Mr. Speaker, let's make one thing clear: H.R. 2262 expands voluntary--voluntary--employer-led training opportunities. Businesses would still be required to compensate workers who receive mandatory job training. This bill simply makes it easier for ambitious employees to pursue additional professional development opportunities on their own terms, whether or not it is directly tied to their current job. If a bartender wants to take a course in restaurant management, he or she should be able to do so, and the employer would welcome that dedication. Let's look at the bigger picture. Our workforce still has millions of unfilled jobs caused, in part, by a widening skills gap. As our own economy grows, thanks to the progrowth policies of Republicans and the Trump administration, many growing businesses are likely to face skills shortages of their own. That is why we need commonsense legislation like the Flexibility for Workers Education Act, which makes it easier for workers to get the skills that they need to succeed and for businesses to find the right person for the job. Throughout my time in Congress and now as chairman of the Education and Workforce Committee, I have consistently fought to expand opportunities to help workers thrive and grow. That is why I am proud to support H.R. 2262, the Flexibility for Workers Education Act, to remove obstacles and give workers more controls over their own careers. Mr. Speaker, I reserve the balance of my time.

Mr. WALBERG. Mr. Speaker, I yield 3 minutes to the gentlewoman from Iowa (Mrs. Hinson), the sponsor of this legislation, to present her bill.

Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I certainly applaud my friend and colleague on the other side of the aisle for the commitment to making sure that workers are cared for, employees, but also I want employers to be cared for as well, and the two working together ends up to be the best. Employers, generally speaking, care about their employees. I know my Democrat colleagues often disagree with that statement, but it is almost always the case in a successful business, especially in a time of intense competition for the workforce. My Democrat colleagues have suggested that employers will attempt to use H.R. 2262 to commit wage theft. However, the bill clearly states that the educational activity must occur outside of an employee's regular working hours. The attendance is voluntary. The employer cannot take adverse action against an employee for attending the training or not, and the employee cannot perform any work for the employer during their attendance at the training. I am not sure that it can be any more clear. H.R. 2262 gives employees more options to pursue success, not just in their current role, but in roles they may be interested in and would like to upskill and pursue. Employers recognize that investing in their workers is essential if they are to be successful. This legislation offers a win for employees wanting to upskill and a win for employers who wish to develop their existing talent. Mr. Speaker, I reserve the balance of my time.

Mr. WALBERG. Mr. Speaker, I reserve the balance of my time and am ready to close.

Mr. WALBERG. Mr. Speaker, I yield myself the balance of my time. Republicans are committed to expanding opportunities for American workers. H.R. 2262, the Flexibility for Workers Education Act, is a commonsense bill that makes it easier for a business to offer voluntary upskilling opportunities to its employees. As our Nation faces a widening skills gap and millions of unfilled jobs, H.R. 2262 would provide additional pathways for workers to pursue training and fill a growing number of jobs that require skilled workers. As chairman of the Education and Workforce Committee, I am committed to cutting red tape and removing roadblocks that make it harder for workers and businesses to succeed. The Flexibility for Workers Education Act is another strong step, Mr. Speaker, toward ensuring Washington doesn't put up roadblocks that hinder progress in our workforce. Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.

Mr. WALBERG

Mr. WALBERG. Mr. Speaker, Pursuant to House Resolution 988, I call up the bill (H.R. 2270) to amend the Fair Labor Standards Act of 1938 to exclude child and dependent care services and payments from the rate used to compute overtime compensation, and ask for its immediate consideration in the House.

Mr. WALBERG. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous material on H.R. 2270.

Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in strong support of the Empowering Employer Child and Elder Care Solutions Act, a bipartisan proposal that meets working families where they are and strengthens our economy at the same time. Across this country, millions of Americans are doing two full-time jobs at once. They are employees striving to be productive and dependable at work, and they are caregivers--parents of young children, sons and daughters caring for aging parents, or both. These responsibilities do not disappear when the workday begins. They shape whether a worker can show up on time, stay focused, or remain in the workforce at all. Along with many other affordability challenges, the increasing cost of child and dependent care is a serious issue facing our country. Parents leave jobs they want to keep. Caregivers turn down promotions or reduce hours. Businesses lose skilled workers, productivity declines, and the entire economy pays the price. Many employers want to provide child and elder care for their employees, but the law discourages them from doing so by asserting that routinely provided childcare must be included in an hourly employee's regular pay rates. The Empowering Employer Child and Elder Care Solutions Act removes this longstanding obstacle for employers wishing to provide these highly valued accommodations to their workforce and aligns the treatment of these pro-family benefits with other employer-provided benefits. For workers, employer-supported care can be the difference between staying in the job or being forced out of the workforce. It reduces stress, improves mental health, and allows parents and caregivers to focus on their work, knowing their loved ones are safe and supported. Supporting caregivers should not be a partisan issue. Every one of us represents constituents who are struggling and juggling with the work that they have and the care that they give. Every district in every State has employers struggling to attract and retain workers because care options are limited or unaffordable. The Empowering Employer Child and Elder Care Solutions Act sends a clear message: We value work. We value family. We understand that the two are deeply connected. Mr. Speaker, I urge my colleagues to support this legislation, not only because it is good policy but because it reflects the lived reality of millions of Americans who are doing their very best every day to care for their families and contribute to our economy. Mr. Speaker, I reserve the balance of my time.

Mr. WALBERG. Mr. Speaker, I would make mention that for gym memberships offered by an employer and other benefits, health insurance benefits, they aren't calculated in overtime either. This brings us together on those issues. In fact, I believe it makes certain that there is more opportunity for small businesses especially to have the ability to have dollars that could be put toward the childcare. Mr. Speaker, I yield 4 minutes to the gentleman from Indiana (Mr. Messmer), who is the sponsor of this bill. He is also a member of the Subcommittee on Workforce Protections.

Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume. My colleague on the other side of the aisle has said this bill is an assault on working families. That could not be further from the truth. H.R. 2270 is a narrowly tailored solution to the growing challenge working families are facing when it comes to childcare. I fail to see, again, how excluding the value of an employer-sponsored childcare subsidy in the calculation of an employee's regular rate will result in lower take-home pay as my colleagues have said on the other side. The issue this legislation attempts to fix is that in many cases, employers are currently unable to offer childcare to employees due to the prohibitively high overtime cost. H.R. 2270 rights that wrong by excluding child and dependent care from regular rate calculations as has been done several times, as I mentioned earlier, for other benefits and bonuses because Congress rightly saw that, without exclusion, employers would not be able to do more for their employees even as they want to. This bill enhances the opportunity for the care that we need for childcare as well as dependent care. Mr. Speaker, I urge support, and I reserve the balance of my time.

Mr. WALBERG. Mr. Speaker, I am prepared to close, and I reserve the balance of my time.

Mr. WALBERG. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I know I spent my opening remarks discussing how the Empowering Employer Child and Elder Care Solutions Act helps empower working families. In closing, I would like to highlight how access to affordable childcare benefits job creators and our Nation's economy. For employers, the return on investment is well documented. Companies that offer care solutions see lower turnover, reduced absenteeism, and higher employer/employee engagement. In a competitive labor market, the ability to offer these benefits is vital to attracting and retaining talent and ensuring American businesses remain competitive at home and abroad. For our economy, the stakes could not be higher. Labor force participation, particularly among women, continues to be constrained by caregiving responsibilities. When caregivers are sidelined, we lose talent, experience, and economic growth potential. This bill helps remove one of the biggest barriers to keeping willing workers on the sidelines and strengthens our overall economic resilience. This legislation also recognizes that caregiving does not end with childhood. As our population ages, more workers are caring for elderly parents or relatives. Eldercare challenges can be just as disruptive and unpredictable as childcare needs, and yet they are often overlooked in policy decisions. This bill addresses both, reflecting the real-life responsibilities families face. This is a smart use of policy to align incentives with outcomes we all support: stronger families, a more resilient workforce, and a healthier economy. Let's give employers the tools to help give workers the support they need and move our country forward. Mr. Speaker, I thank Representative Messmer for bringing this bill before us. I encourage my colleagues to support it, and I yield back the balance of my time.

Mr. WALBERG

Mr. WALBERG. Mr. Speaker, pursuant to House Resolution 988, I call up the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term ``tipped employee'', and for other purposes, and ask for its immediate consideration in the House.

Mr. WALBERG. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 2312.

Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 2312, the Tipped Employee Protection Act. Mr. Speaker, America's labor law hasn't kept up with the times. The Fair Labor Standards Act, which governs much of our modern workforce policy and regulations, was written in 1938 and has never been updated to meaningfully protect tipped workers. As a result, tipped workers are not clearly defined or protected under the law. This leaves their jobs vulnerable to the whims of administrative regulations, court rulings, and too often unclear guidance written by unelected bureaucrats that inconsistently interpret the rights of tipped workers. That creates chaos for millions of workers. The Biden-Harris administration was perhaps the most striking example of government overreach and the harm it can do to working families' bottom lines. Its disastrous 80/20 rule required that no more than 20 percent of the work performed by tipped employees could be categorized as untipped work, and those untipped tasks could only be performed for 30 minutes at a time. Basically, this required minute-by-minute manager supervision to ensure workers were complying with the rule. Anyone in the service industry would tell you in a high-paced environment like a restaurant or bar that is next to impossible, but because tipped workers had no clear definition or proper protections under the FLSA, the Biden-Harris administration was free to try and impose overly complex timekeeping requirements that were impossible to enforce. For several years, this created an enormous headache for small businesses like restaurants that heavily relied on tipped workers. Even worse, such convoluted timekeeping requirements directly impact how much pay Americans take home. Like many of my colleagues, I want to see Americans rewarded for their hard work and ensure they are paid what they earn. That is why I am proud to rise in support of H.R. 2312, the Tipped Employee Protection Act, which creates stability for tipped workers and preserves opportunities for them to earn a good wage. The bill creates a clear, commonsense definition of a tipped worker and prevents future attempts by misguided activist judges and bureaucrats seeking to implement policies that hurt workers' bottom lines. The Tipped Employee Protection Act also ensures workers earn at least the minimum wage, and the bill respects States' authority to set higher wage levels. This creates even more opportunities for tipped workers to earn more, often far above the minimum wage. As we have discussed at length in the Education and Workforce Committee, Federal policy far too often treats a State like California the same as Michigan or Arkansas. One-size-fits-all rarely works. The bill also preserves the current tip credit system, which workers across the country overwhelmingly support--90 percent. This is just one of the ways Republicans are helping tipped workers earn more. As part of the working families tax cuts, Republicans enacted landmark policies like no tax on tips and no tax on overtime, which put more money back into the working family's pockets. Republicans are working hard to deliver solutions that help Americans thrive. H.R. 2312 puts more money back in workers' pockets and eases the burden on employers by removing needless Federal regulations. I am proud to support the Tipped Employee Protection Act. Congress should make it clear that we are working to help put more money back in tipped workers' pockets. Mr. Speaker, I urge my colleagues to support this bill and the millions of workers who will benefit from it, and I reserve the balance of my time.

Mr. WALBERG. Mr. Speaker, I yield 6 minutes to the gentleman from Arkansas (Mr. Womack), the sponsor of this good bill.

Mr. WALBERG. Mr. Speaker, I yield 3 minutes to the gentleman from Washington (Mr. Baumgartner), a great member of the Education and Workforce Committee.

Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, let's talk facts again. The Fair Labor Standards Act sets the Federal minimum wage, as well as a separate minimum wage, for tipped workers. This recognizes the reality that tipped workers have a higher earning ceiling when tips are combined with base wages, representing an employee's total compensation. There is no limit to the amount one can earn as a tipped worker, so long as the employer is not forced to cut jobs or close businesses. That is the reality. If small restaurants were all required to pay the full Federal minimum wage to all tipped workers, as my Democrat colleagues suggest, on top of a complete elimination of the overall tip credit system, which has also been supported by my Democrat colleagues, there wouldn't be very many small restaurants remaining at the end of it all. Mr. Speaker, the Federal Government should not micromanage businesses by setting requirements that cannot be enforced such as the Biden- Harris administration's 80/20 rule. This required employers to monitor tasks of tipped workers minute by minute. It sure gives incentive to have less employees. I can think of many better ways to utilize a Wage and Hour inspector's valuable time than harassing restaurants about their bartenders helping out cooks, hosts, and other nontipped employees, all who often work in a fast-paced environment. Mr. Speaker, I reserve the balance of my time.