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 Ordering the Previous Question |
| Vote type | Yea-and-Nay |
| Result | Passed |
| Totals | Yea 206 / Nay 205 / Present 0 / Not Voting 20 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 206 | 0 | 0 | 12 |
| D | 0 | 205 | 0 | 8 |
| I | 0 | 0 | 0 | 0 |
Research Brief
On Ordering the Previous Question
Bill Analysis
H.Res. 988 is a House procedural measure (a “rule”) that governs floor consideration of five separate labor- and retirement-related bills. It does not itself change substantive law; instead, it sets the terms under which the House debates and votes on:
- H.R. 2988 (ERISA/retirement investing – pecuniary vs. non‑pecuniary factors)
- H.R. 2262 (FLSA – exclusion of certain activities from “hours worked”)
- H.R. 2270 (FLSA – exclusion of child/dependent care services and payments from overtime rate calculations)
- H.R. 2312 (FLSA – revision of the definition of “tipped employee”)
- H.R. 4366 (clarifying joint-employer status under the NLRA and FLSA)
Key functions of H.Res. 988 typically include (based on standard House practice for such rules):
- Form of consideration: Specifies whether each bill is considered under a structured rule, open rule, or closed rule (often a structured or closed rule for complex labor/ERISA matters), and whether an amendment in the nature of a substitute is deemed adopted.
- Debate time and control: Allocates specific hours of debate for each bill, usually divided equally between the majority and minority managers from the relevant committees (e.g., Education and the Workforce).
- Amendment process: Identifies which amendments, if any, are in order, their sequence, and time limits for debate on each.
- Previous question and final passage: Provides for ordering the previous question (to end debate) and moving to final passage votes on each bill.
- Waivers of points of order: Often waives certain procedural objections (e.g., against violations of House rules or the Congressional Budget Act) to allow consideration.
Agencies and regulated parties are affected only indirectly, via the underlying bills: primarily the Department of Labor (Wage and Hour Division, Employee Benefits Security Administration), the National Labor Relations Board, employers, retirement plan fiduciaries, and workers (including tipped employees and those affected by overtime and joint-employer standards).
Timelines: The resolution is effective immediately upon House adoption and applies only to the specified consideration period for these bills. The latest action—“Motion to reconsider laid on the table agreed to without objection”—means the House’s adoption of the rule is final and not subject to reconsideration.
Yea (206)
K
Ken Calvert
S
Scott Franklin
L
Lisa McClain
J
John Rutherford
D
David Schweikert
P
Pete Sessions
Nay (205)
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
