H.Res.988 — Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of 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; providing for consideration of 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; providing for consideration of 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 providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.
House Roll Call
H.Res.988
| Bill | H.Res.988 — Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of 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; providing for consideration of 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; providing for consideration of 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 providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938. |
|---|---|
| Vote question | On Agreeing to the Resolution |
| Vote type | Recorded Vote |
| Result | Passed |
| Totals | Yea 214 / Nay 207 / Present 0 / Not Voting 10 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 214 | 0 | 0 | 4 |
| D | 0 | 207 | 0 | 6 |
| I | 0 | 0 | 0 | 0 |
Research Brief
On Agreeing to the Resolution
Bill Analysis
H.Res. 988 is a House rules (procedural) resolution that sets the terms for floor consideration of five separate labor- and retirement-related bills. It does not itself change substantive law; instead, it governs debate, amendment, and voting procedures for:
- H.R. 2988 (ERISA/retirement plan fiduciary standards – pecuniary vs. non‑pecuniary factors, e.g., ESG considerations);
- H.R. 2262 (Fair Labor Standards Act (FLSA) – exclusion of certain activities from “hours worked”);
- H.R. 2270 (FLSA – exclusion of child and dependent care services/payments from the regular rate used to calculate overtime);
- H.R. 2312 (FLSA – revised definition of “tipped employee”);
- H.R. 4366 (clarifying when two or more entities are “joint employers” under the National Labor Relations Act and FLSA).
Key functions and authorities:
- Adopts a “rule” from the House Committee on Rules specifying how each bill will be considered (e.g., whether under a structured rule with limited amendments, or a closed rule with no floor amendments).
- Allocates floor time for general debate on each bill, typically dividing time equally between majority and minority managers from the relevant committees.
- May deem certain amendments as adopted or make specific amendments in order, thereby shaping the legislative text that reaches the floor.
- Sets procedures for motions to recommit (the minority’s last opportunity to amend or send a bill back to committee).
- Establishes how votes are sequenced and whether bills may be considered together or separately.
Agencies and stakeholders indirectly affected include the Department of Labor (ERISA and FLSA enforcement), the National Labor Relations Board (joint-employer issues), employers, retirement plan fiduciaries, workers (especially tipped and overtime-eligible employees), and unions. However, H.Res. 988 itself neither appropriates funding nor imposes regulatory requirements; it only structures House consideration of the underlying bills.
Timeline: The resolution applies to the specific legislative days on which these bills are brought to the House floor. The latest action—“motion to reconsider laid on the table agreed to without objection”—means the House’s adoption of the rule is final, clearing the way for consideration of the five bills under the specified terms.
Yea (214)
K
Ken Calvert
S
Scott Franklin
L
Lisa McClain
J
John Rutherford
D
David Schweikert
P
Pete Sessions
Nay (207)
J
Jason Crow
L
Lloyd Doggett
J
John Garamendi
J
John Mannion
L
Lucy McBath
R
Rashida Tlaib
N
Nydia Velázquez
D
Debbie Wasserman Schultz
