SHRM Writes in Support of H.R. 2270

SHRM is committed to modernizing workplace laws to reflect today’s workforce and supports public policies that empower organizations to meet talent where they are — through innovative benefits that support a diverse range of needs. As more employees balance careers with caregiving for children, adults with disabilities, and aging relatives and friends, the law must enable, not restrict, access to flexible, inclusive support.

That’s why SHRM wrote a letter to the Chairman and Ranking Member of the House Committee on Education and Workforce expressing our support of H.R. 2270, the Empowering Employer Child and Elder Care Solutions Act. This legislation, sponsored by Rep. Mark Messmer (R-IN-8), marks a meaningful step forward by encouraging employers to offer onsite or subsidized dependent care benefits. Importantly, it affirms that these benefits are excluded from the “regular rate” calculation under the Fair Labor Standards Act (FLSA), removing a key barrier to employer adoption.

SHRM has long advocated for this change—first raising the issue in a 2019 public comment — and continues to believe that existing rules may unintentionally discourage employers from offering workers valuable caregiving benefits. The urgency of this issue is growing as new SHRM research shows that more than 80% of working caregivers expect their caregiving responsibilities to be long-term. Looking ahead, 14% of workers anticipate taking on new or additional adult care responsibilities in the next five years, and 18% expect to assume new or expanded elder care duties within the same time frame.

As caregiving demands continue to rise, public policies should support employers’ ability to meet these needs through flexible, inclusive benefit offerings. These policies are especially relevant in light of two new SHRM research reports: Care and Careers: Navigating Caregiving and Work Responsibilities and The Caregiving Imperative: Organizational Solutions for Supporting Caregivers and Elevating Business Performance. These reports explore the challenges facing today’s working caregivers, the impact caregiving has on careers, and how proactive employer support can enhance talent acquisition, improve employee engagement, and boost business performance.