,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eaei ,,in ,,the ,,house ,,of ,,representatives ,july #bb1 #bjad ,mr4 ,george ,miller of ,california 7for himself1 ,ms4 ,de,lauro1 ,ms4 ,schakowsky1 ,mr4 ,cummings1 ,mr4 ,honda1 ,ms4 ,moore1 ,mr4 ,nadler1 ,ms4 ,norton1 ,mr4 ,grayson1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,conyers1 ,mr4 ,grijalva1 ,ms4 ,jackson ,lee1 ,ms4 ,wilson of ,florida1 ,ms4 ,hahn1 ,mr4 ,hinojosa1 ,mr4 ,holt1 ,ms4 ,fudge1 ,mr4 ,takano1 ,ms4 ,brown of ,florida1 ,ms4 ,kelly of ,illinois1 ,ms4 ,edwards1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,rangel1 ,ms4 ,matsui1 ,mr4 ,johnson of ,georgia1 ,mr4 ,pocan1 ,mr4 ,courtney1 ,mr4 ,ellison1 and ,mr4 ,danny ,k4 ,davis of ,illinois7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,house ,administration1 ,oversight and ,government ,reform1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to permit employees to request changes to their work schedules without fear of retaliation1 and to ensure that employers consider these requests2 and to require employers to provide more predictable and stable schedules for employees in certain growing low-wage occupations1 and for other purposes4 #a4 ,short title2 findings 7a7 ,short title ,this ,act may be cited as the ,schedules ,that ,work ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,the vast majority of the ,united ,states workforce today is juggling responsibilities at home and at work4 ,women are primary breadwinners or co-breadwinners in #fc percent of families in the ,united ,states and #bf percent of families with children are headed by single mothers4 7#b7 ,despite the dual responsibilities of today's workforce1 workers across the income spectrum have very little ability to make changes to their work schedules when those changes are needed to accommodate family responsibilities4 ,only #bg percent of employers allow all or most of their employees to periodically change their starting and quitting times4 7#c7 ,although low-wage workers are most likely to be raising children on their own1 as more than half of mothers of young children in low-wage jobs are doing1 low-wage workers have the least control over their work schedules and the most unpredictable schedules4 ,for example-- 7,a7 roughly half of low-wage workers reported very little or no control over the timing of the hours they were scheduled to work2 7,b7 many workers in low-wage jobs receive their schedules with very little advance notice and have work hours that vary significantly from week to week or month to month2 7,c7 some workers in low-wage jobs are sent home from work when work is slow without being paid for their scheduled shift2 7,d7 in some industries1 the use of call-in shift requirements--requirements that workers call in to work to find out whether they will be scheduled to work later that day--has become common practice2 and 7,e7 at the same time1 #bj to #cj percent of workers in low-wage jobs struggle with being required to work extra hours with little or no notice4 7#d7 ,unfair work scheduling practices make it difficult for low-wage workers to-- 7,a7 provide necessary care for children and other family members1 including arranging child care2 7,b7 qualify for and maintain eligibility for child care subsidies1 due to fluctuations in income and work hours1 or keep an appointment with a child care provider1 due to not knowing how many hours or when the workers will be scheduled to work2 7,c7 pursue workforce training2 7,d7 get or keep a second job that some part-time workers need to make ends meet2 and 7,e7 arrange transportation to and from work4 7#e7 ,unpredictable and unstable schedules are prevalent in retail sales1 food preparation and service1 and building cleaning occupations1 which are among the lowest-paid and fastest-growing occupations in the workforce today4 ,for workers in those occupations1 often difficult and sometimes abusive work scheduling practices combine with very low wages to make it extremely challenging to make ends meet4 7#f7 ,retail sales1 food preparation and service1 and building cleaning occupations are among those most likely to have unpredictable and unstable schedules4 ,according to data from the ,bureau of ,labor ,statistics1 #ff percent of food service workers1 #eb percent of retail workers1 and #dj percent of janitors and housekeepers know their schedules only a week or less in advance4 ,the average variation in work hours in a single month is #gj percent for food service workers1 #ej percent for retail workers1 and #dj percent for janitors and housekeepers4 7#g7 ,those are among the lowest-paid and fastest-growing occupations1 accounting for #ah percent of workers in the economy1 some #bc1ejj1jjj workers4 ,the median pay for workers in those #c occupations is between #i4ae and #aj4dd per hour1 and women make up more than half of the workers in those occupations4 7#h7 ,employers that have implemented fair work scheduling policies that allow workers to have more control over their work schedules1 and provide more predictable and stable schedules1 have experienced significant benefits1 including reductions in absenteeism and workforce turnover1 and increased employee morale and engagement4 7#i7 ,this ,act is a first step in responding to the needs of workers for a voice in the timing of their work hours and for more predictable schedules4 #b4 ,definitions ,as used in this ,act1 the following definitions apply3 7#a7 ,bona fide business reason ,the term bona fide business reason means-- 7,a7 the identifiable burden of additional costs to an employer1 including the cost of productivity loss1 retraining or hiring employees1 or transferring employees from one facility to another facility2 7,b7 a significant detrimental effect on the employer's ability to meet organizational needs or customer demand2 7,c7 a significant inability of the employer1 despite best efforts1 to reorganize work among existing 7as of the date of the reorganization7 staff2 7,d7 a significant detrimental effect on business performance2 7,e7 insufficiency of work during the periods an employee proposes to work2 7,f7 the need to balance competing scheduling requests when it is not possible to grant all such requests without a significant detrimental effect on the employer's ability to meet organizational needs2 or 7,g7 such other reason as may be specified by the ,secretary of ,labor 7or the corresponding administrative officer specified in section #h74 7#b7 ,career-related educational or training program ,the term career-related educational or training program means an educational or training program or program of study offered by a public1 private1 or nonprofit career and technical education school1 institution of higher education1 or other entity that provides academic education1 career and technical education1 or training 7including remedial education or ,english as a second language1 as appropriate71 that is a program that leads to a recognized postsecondary credential 7as identified under section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act71 and provides career awareness information4 ,the term includes a program allowable under the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq471 the ,workforce ,innovation and ,opportunity ,act1 the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq471 or the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq471 without regard to whether or not the program is funded under the corresponding ,act4 7#c7 ,caregiver ,the term caregiver means an individual with the status of being a significant provider of-- 7,a7 ongoing care or education1 including responsibility for securing the ongoing care or education1 of a child2 or 7,b7 ongoing care1 including responsibility for securing the ongoing care1 of-- 7i7 a person with a serious health condition who is in a family relationship with the individual2 or 7ii7 a parent of the individual1 who is age #fe or older4 7#d7 ,child ,the term child means a biological1 adopted1 or foster child1 a stepchild1 a legal ward1 or a child of a person standing in loco parentis to that child1 who is-- 7,a7 under age #ah2 or 7,b7 age #ah or older and incapable of self-care because of a mental or physical disability4 7#e7 ,covered employer 7,a7 ,in general ,the term covered employer-- 7i7 means any person engaged in commerce or in any industry or activity affecting commerce who employs #ae or more employees 7described in paragraph 7#g77;,a772 7ii7 includes any person who acts1 directly or indirectly1 in the interest of such an employer to any of the employees 7described in paragraph 7#g77;,a77 of such employer2 7iii7 includes any successor in interest of such an employer2 and 7iv7 includes an agency described in clause 7iii7 or 7iv7 of subparagraph 7,a7 of section #aja7d7 of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa7d771 to which subparagraph 7,b7 of such section shall apply4 7,b7 ,rule ,for purposes of determining the number of employees who work for a person described in subparagraph 7,a77i71 all employees 7described in paragraph 7#g77;,a77 performing work for compensation on a full-time1 part-time1 or temporary basis shall be counted1 except that if the number of such employees who perform work for such a person for compensation fluctuates1 the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year4 7,c7 ,person ,in this paragraph1 and paragraph 7#g71 the term person has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#f7 ,domestic partner ,the term domestic partner means the person recognized as being in a relationship with an employee under any domestic partnership1 civil union1 or similar law of the ,state or political subdivision of a ,state in which the employee resides4 7#g7 ,employee ,the term employee means an individual who is-- 7,a7 an employee1 as defined in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e771 who is not described in any of subparagraphs 7,b7 through 7,g72 7,b7 a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 7,c7 a covered employee1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja71 other than an applicant for employment2 7,d7 a covered employee1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 7,e7 a ,federal officer or employee covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 7,f7 an employee of the ,library of ,congress2 or 7,g7 an employee of the ,government ,accountability ,office4 7#h7 ,employer ,the term employer means a person-- 7,a7 who is-- 7i7 a covered employer1 as defined in paragraph 7#d71 who is not described in any of clauses 7ii7 through 7vii72 7ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia2 7iii7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie2 7iv7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 7v7 an employing agency covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 7vi7 the ,librarian of ,congress2 or 7vii7 the ,comptroller ,general of the ,united ,states2 and 7,b7 who is engaged in commerce 7including government71 in the production of goods for commerce1 or in an enterprise engaged in commerce 7including government7 or in the production of goods for commerce4 7#i7 ,family relationship ,the term family relationship means a relationship with a child1 spouse1 domestic partner1 parent1 grandchild1 grandparent1 sibling1 or parent of a spouse or domestic partner4 7#aj7 ,grandchild ,the term grandchild means the child of a child4 7#aa7 ,grandparent ,the term grandparent means the parent of a parent4 7#ab7 ,minimum number of expected work hours ,the term minimum number of expected work hours means the minimum number of hours an employee will be assigned to work on a weekly or monthly basis4 7#ac7 ,parent ,the term parent means a biological or adoptive parent1 a stepparent1 or a person who stood in a parental relationship to an employee when the employee was a child4 7#ad7 ,parental relationship ,the term parental relationship means a relationship in which a person assumed the obligations incident to parenthood for a child and discharged those obligations before the child reached adulthood4 7#ae7 ,part-time employee ,the term part-time employee means an individual who works fewer than #cj hours per week on average during any #a-month period4 7#af7 ,retail1 food service1 or cleaning employee 7,a7 ,in general ,the term retail1 food service1 or cleaning employee means an individual employee who is employed in any of the following occupations1 as described by the ,bureau of ,labor ,statistics ,standard ,occupational ,classification ,system 7as in effect on the day before the date of enactment of this ,act73 7i7 ,retail sales occupations consisting of occupations described in #da-ajaj and #da-bjjj1 and all subdivisions thereof1 of such ,system1 which includes first-line supervisors of sales workers1 cashiers1 gaming change persons and booth cashiers1 counter and rental clerks1 parts salespersons1 and retail salespersons4 7ii7 ,food preparation and serving related occupations as described in #ce-jjjj1 and all subdivisions thereof1 of such ,system1 which includes supervisors of food preparation and serving workers1 cooks and food preparation workers1 food and beverage serving workers1 and other food preparation and serving related workers4 7iii7 ,building cleaning occupations as described in #cg-bjaa1 #cg-bjab and #cg-bjai of such ,system1 which includes janitors and cleaners1 maids and housekeeping cleaners1 and building cleaning workers4 7,b7 ,exclusions ,notwithstanding subparagraph 7,a71 the term retail1 food service1 or cleaning employee does not include any person employed in a bona fide executive1 administrative1 or professional capacity1 as defined for purposes of section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a774 7#ag7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ah7 ,serious health condition ,the term serious health condition has the meaning given the term in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa74 7#ai7 ,sibling ,the term sibling means a brother or sister1 whether related by half blood1 whole blood1 or adoption1 or as a stepsibling4 7#bj7 ,split shift ,the term split shift means a schedule of daily hours in which the hours worked are not consecutive1 except that a schedule in which the total time out for meals does not exceed #a hour shall not be treated as a split shift4 7#ba7 ,spouse 7,a7 ,in general ,the term spouse means a person with whom an individual entered into-- 7i7 a marriage as defined or recognized under ,state law in the ,state in which the marriage was entered into2 or 7ii7 in the case of a marriage entered into outside of any ,state1 a marriage that is in the place where entered into and could have been entered into in at least #a ,state4 7,b7 ,same-sex or common law marriage ,such term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph 7,a74 7#bb7 ,state ,the term ,state has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#bc7 ,work schedule ,the term work schedule means those days and times within a work period when an employee is required by an employer to perform the duties of the employee's employment for which the employee will receive compensation4 7#bd7 ,work schedule change ,the term work schedule change means any modification to an employee's work schedule1 such as an addition or reduction of hours1 cancellation of a shift1 or a change in the date or time of a work shift1 by an employer4 7#be7 ,work ,shift ,the term work shift means the specific hours of the workday during which an employee works4 7#bf7 ,various additional terms 7,a7 ,commerce terms ,the terms commerce and industry or activity affecting commerce have the meanings given the terms in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa74 7,b7 ,employ ,the term employ has the meaning given the term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 #c4 ,right to request and receive a flexible1 predictable or stable work schedule 7a7 ,right ,to request ,an employee may apply to the employee's employer to request a change in the terms and conditions of employment as they relate to-- 7#a7 the number of hours the employee is required to work or be on call for work2 7#b7 the times when the employee is required to work or be on call for work2 7#c7 the location where the employee is required to work2 7#d7 the amount of notification the employee receives of work schedule assignments2 and 7#e7 minimizing fluctuations in the number of hours the employee is scheduled to work on a daily1 weekly1 or monthly basis4 7b7 ,employer obligation ,to engage in an interactive process 7#a7 ,in general ,if an employee applies to the employee's employer to request a change in the terms and conditions of employment as set forth in subsection 7a71 the employer shall engage in a timely1 good faith interactive process with the employee that includes a discussion of potential schedule changes that would meet the employee's needs4 7#b7 ,result ,such process shall result in-- 7,a7 either granting or denying the request2 7,b7 in the event of a denial1 considering alternatives to the proposed change that might meet the employee's needs and granting or denying a request for an alternative change in the terms and conditions of employment as set forth in subsection 7a72 and 7,c7 in the event of a denial1 stating the reason for denial4 7#c7 ,information ,if information provided by the employee making a request for a change requires clarification1 the employer shall explain what further information is needed and give the employee reasonable time to produce the information4 7c7 ,requests related to caregiving1 enrollment in education or training1 or a second job ,if an employee makes a request for a change in the terms and conditions of employment as set forth in subsection 7a7 because of a serious health condition of the employee1 due to the employee's responsibilities as a caregiver1 or due to the employee's enrollment in a career-related educational or training program1 or if a part-time employee makes a request for such a change for a reason related to a second job1 the employer shall grant the request1 unless the employer has a bona fide business reason for denying the request4 7d7 ,other requests ,if an employee makes a request for a change in the terms and conditions of employment as set forth in subsection 7a71 for a reason other than those reasons set forth in subsection 7c71 the employer may deny the request for any reason that is not unlawful4 ,if the employer denies such a request1 the employer shall provide the employee with the reason for the denial1 including whether any such reason was a bona fide business reason4 #d4 ,requirements for reporting time pay1 split shift pay1 and advance notice of work schedules 7a7 ,reporting time pay requirement ,an employer shall pay a retail1 food service1 or cleaning employee-- 7#a7 for at least #d hours at the employee's regular rate of pay for each day on which the retail1 food service1 or cleaning employee reports for work under specific instructions but is given less than four hours of work1 except that if the retail1 food service1 or cleaning employee's scheduled hours are less than #d hours1 such retail1 food service1 or cleaning employee shall be paid for the employee's scheduled hours for that day if given less than the scheduled hours of work2 and 7#b7 for at least #a hour at the employee's regular rate of pay for each day the retail1 food service1 or cleaning employee is given specific instructions to contact the employee's employer1 or wait to be contacted by the employer1 less than #bd hours in advance of the start of a potential work shift to determine whether the employee must report to work for such shift4 7b7 ,split shift pay requirement ,an employer shall pay a retail1 food service1 or cleaning employee for one additional hour at the retail1 food service1 or cleaning employee's regular rate of pay for each day during which the retail1 food service1 or cleaning employee works a split shift4 7c7 ,advance notice requirement 7#a7 ,initial schedule ,on or before a new retail1 food service1 or cleaning employee's first day of work1 the employer shall inform the retail1 food service1 or cleaning employee in writing of the employee's work schedule and the minimum number of expected work hours the retail1 food service1 or cleaning employee will be assigned to work per month4 7#b7 ,change to schedule ,except as provided in paragraph 7#c71 if the retail1 food service1 or cleaning employee's work schedule changes from the work schedule of which the retail1 food service1 or cleaning employee was informed pursuant to paragraph 7#a71 the employer shall provide each retail1 food service1 or cleaning employee with the employee's new work schedule not less than #ad days before the first day of the new work schedule4 ,if the expected minimum number of work hours a retail1 food service1 or cleaning employee will be assigned changes1 the employer shall also provide notification of that change1 not less than #ad days in advance of the first day this change will go into effect4 ,nothing in this subsection shall be construed to prohibit an employer from providing greater advance notice of a retail1 food service1 or cleaning employee's work schedule than is required under this section4 7#c7 ,work schedule changes made with less than #bd hours' notice ,an employer may make work schedule changes as needed1 including by offering additional hours of work to retail1 food service1 or cleaning employees beyond those previously scheduled1 but an employer shall be required to provide one extra hour of pay at the retail1 food service1 or cleaning employee's regular rate for each shift that is changed with less than #bd hours' notice1 except in the case of the need to schedule the retail1 food service1 or cleaning employee due to the unforeseen unavailability of a retail1 food service1 or cleaning employee previously scheduled to work that shift4 7#d7 ,notifications in writing ,the notifications required under paragraphs 7#a7 and 7#b7 shall be made to the employee in writing4 ,nothing in this subsection shall be construed as prohibiting an employer from using any additional means of notifying a retail1 food service1 or cleaning employee of the employee's work schedule4 7#e7 ,schedule posting requirement ,every employer employing any retail1 food service1 or cleaning employee subject to this ,act shall post the schedule and keep it posted in a conspicuous place in every establishment where such retail1 food service1 or cleaning employee is employed so as to permit them to observe readily a copy4 ,availability of that schedule by electronic means accessible by all employees of that employer shall be considered compliance with this subsection4 7#f7 ,employee shift trading ,nothing in this subsection shall be construed to prevent an employer from allowing a retail1 food service1 or cleaning employee to work in place of another employee who has been scheduled to work a particular shift as long as the change in schedule is mutually agreed upon by the employees4 ,an employer shall not be subject to the requirements of paragraph 7#b7 or 7#c7 for such voluntary shift trades4 7d7 ,exception ,the requirements in subsections 7a71 7b71 and 7c7 shall not apply during periods when regular operations of the employer are suspended due to events beyond the employer's control4 #e4 ,prohibited ,acts 7a7 ,interference with rights ,it shall be unlawful for any employer to interfere with1 restrain1 or deny the exercise or the attempt to exercise1 any right of an employee as set forth in section #c or of a retail1 food service1 or cleaning employee as set forth in section #d4 7b7 ,retaliation prohibited ,it shall be unlawful for any employer to discharge1 threaten to discharge1 demote1 suspend1 reduce work hours of1 or take any other adverse employment action against any employee in retaliation for exercising the rights of an employee under this ,act or opposing any practice made unlawful by this ,act4 ,for purposes of section #c1 such retaliation shall include taking an adverse employment action against any employee on the basis of that employee's eligibility or perceived eligibility to request or receive a change in the terms and conditions of employment1 as described in such section1 on the basis of a reason set forth in section #c7;c74 7c7 ,interference with ,proceedings or ,inquiries ,it shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual-- 7#a7 has filed any charge1 or has instituted or caused to be instituted any proceeding1 under or related to this ,act2 7#b7 has given or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this ,act2 or 7#c7 has testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this ,act4 #f4 ,remedies and enforcement 7a7 ,investigative authority 7#a7 ,in general ,to ensure compliance with this ,act1 or any regulation or order issued under this ,act1 the ,secretary shall have1 subject to paragraph 7#c71 the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a774 7#b7 ,obligation to keep and preserve records ,each employer shall make1 keep1 and preserve records pertaining to compliance with this ,act in accordance with regulations issued by the ,secretary under section #h4 7#c7 ,required submissions generally limited to an annual basis ,the ,secretary shall not under the authority of this subsection require any employer to submit to the ,secretary any books or records more than once during any #ab-month period1 unless the ,secretary has reasonable cause to believe there may exist a violation of this ,act or any regulation or order issued pursuant to this ,act1 or is investigating a charge pursuant to subsection 7c74 7#d7 ,subpoena powers ,for the purposes of any investigation provided for in this section1 the ,secretary shall have the subpoena authority provided for under section #i of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bji74 7b7 ,civil action by employees 7#a7 ,liability ,any employer who violates section #e7;a7 7with respect to a right set forth in section #d7 or subsection 7b7 or 7c7 of section #e 7referred to in this section as a covered provision7 shall be liable to any employee affected for-- 7,a7 damages equal to the amount of-- 7i7 any wages1 salary1 employment benefits 7as defined in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa771 or other compensation denied1 lost1 or owed to such employee by reason of the violation2 or 7ii7 in a case in which wages1 salary1 employment benefits 7as so defined71 or other compensation have not been denied1 lost1 or owed to the employee1 any actual monetary losses sustained by the employee as a direct result of the violation2 7,b7 interest on the amount described in subparagraph 7,a7 calculated at the prevailing rate2 7,c7 an additional amount as liquidated damages equal to the sum of the amount described in subparagraph 7,a7 and the interest described in subparagraph 7,b71 except that if an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision1 such court may1 in the discretion of the court1 reduce the amount of liability to the amount and interest determined under subparagraphs 7,a7 and 7,b71 respectively2 and 7,d7 such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7#b7 ,right of ,action ,an action to recover the damages or equitable relief set forth in paragraph 7#a7 may be maintained against any employer 7including a public agency7 in any ,federal or ,state court of competent jurisdiction by any one or more employees for and on behalf of-- 7,a7 the employees2 or 7,b7 the employees and other employees similarly situated4 7#c7 ,fees and ,costs ,the court in such an action shall1 in addition to any judgment awarded to the plaintiff1 allow a reasonable attorney's fee1 reasonable expert witness fees1 and other costs of the action to be paid by the defendant4 7#d7 ,limitations ,the right provided by paragraph 7#b7 to bring an action by or on behalf of any employee shall terminate on the filing of a complaint by the ,secretary in an action under subsection 7c77#c7 in which a recovery is sought of the damages described in paragraph 7#a77;,a7 owing to an employee by an employer liable under paragraph 7#a7 unless the action described is dismissed without prejudice on motion of the ,secretary4 7c7 ,actions by the ,secretary 7#a7 ,administrative ,action ,the ,secretary shall receive1 investigate1 and attempt to resolve complaints of violations of this ,act in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg71 and may issue an order making determinations1 and assessing a civil penalty described in paragraph 7#d7 7in accordance with paragraph 7#d771 with respect to such an alleged violation4 7#b7 ,administrative ,review ,an affected person who takes exception to an order issued under paragraph 7#a7 may request review of and a decision regarding such an order by an administrative law judge4 ,in reviewing the order1 the administrative law judge may hold an administrative hearing concerning the order1 in accordance with the requirements of sections #eed1 #eef1 and #eeg of title #e1 ,united ,states ,code4 ,such hearing shall be conducted expeditiously4 ,if no affected person requests such review within #fj days after the order is issued under paragraph 7#a71 the order shall be considered to be a final order that is not subject to judicial review4 7#c7 ,civil action ,the ,secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to-- 7,a7 restrain violations of this ,act2 7,b7 award such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion2 and 7,c7 in the case of a violation of a covered provision1 recover the damages and interest described in subparagraphs 7,a7 through 7,c7 of subsection 7b77#a74 7#d7 ,civil penalty ,an employer who willfully and repeatedly violates-- 7,a7 paragraph 7#a71 7#d71 or 7#e7 of section #d7;c7 shall be subject to a civil penalty in an amount to be determined by the ,secretary1 but not to exceed #ajj per violation2 and 7,b7 subsection 7b7 or 7c7 of section #e shall be subject to a civil penalty in an amount to be determined by the ,secretary1 but not to exceed #a1ajj per violation4 7d7 ,limitation 7#a7 ,in general ,except as provided in paragraph 7#b71 an action may be brought under this section not later than #b years after the date of the last event constituting the alleged violation for which the action is brought4 7#b7 ,willful ,violation ,in the case of such action brought for a willful violation of section #e1 such action may be brought within #c years of the date of the last event constituting the alleged violation for which such action is brought4 7#c7 ,commencement ,in determining when an action is commenced by the ,secretary under this section for the purposes of this subsection1 it shall be considered to be commenced on the date when the complaint is filed4 #g4 ,notice and posting 7a7 ,in general ,each employer shall post and keep posted1 in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted1 a notice1 to be prepared or approved by the ,secretary 7or the corresponding administrative officer specified in section #h7 setting forth excerpts from1 or summaries of1 the pertinent provisions of this ,act and information pertaining to the filing of a complaint under this ,act4 7b7 ,penalty ,any employer that willfully violates this section may be assessed a civil money penalty not to exceed #ajj for each separate offense4 #h4 ,regulations 7a7 ,in general ,except as provided in subsections 7b7 through 7f71 not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall prescribe such regulations as may be necessary to carry out this ,act4 7b7 ,board ,not later than #ahj days after the date of enactment of this ,act1 the ,board of ,directors of the ,office of ,compliance shall prescribe such regulations as may be necessary to carry out this ,act with respect to employees described in section #d7g77;,c74 7c7 ,president ,not later than #ahj days after the date of enactment of this ,act1 the ,president shall prescribe such regulations as may be necessary to carry out this ,act with respect to employees described in section #d7g77;,d74 7d7 ,office of ,personnel ,management ,not later than #ahj days after the date of enactment of this ,act1 the ,office of ,personnel ,management shall prescribe such regulations as may be necessary to carry out this ,act with respect to employees described in section #d7g77;,e74 7e7 ,librarian of ,congress ,not later than #ahj days after the date of enactment of this ,act1 the ,librarian of ,congress shall prescribe such regulations as may be necessary to carry out this ,act with respect to employees of the ,library of ,congress4 7f7 ,comptroller ,general ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prescribe such regulations as may be necessary to carry out this ,act with respect to employees of the ,government ,accountability ,office4 #i4 ,research1 education1 and technical assistance program 7a7 ,in general ,the ,secretary shall provide information and technical assistance to employers1 labor organizations1 and the general public concerning compliance with this ,act4 7b7 ,program ,in order to achieve the objectives of this ,act-- 7#a7 the ,secretary1 acting through the ,administrator of the ,wage and ,hour ,division of the ,department of ,labor1 shall issue guidance on compliance with this ,act regarding providing a flexible1 predictable1 or stable work environment through changes in the terms and conditions of employment as provided in section #c7;a72 and 7#b7 the ,secretary shall carry on a continuing program of research1 education1 and technical assistance1 including-- 7,a7 7i7 conducting pilot programs that implement fairer work schedules1 including by promoting cross training1 providing three weeks or more advance notice of schedules1 providing employees with a minimum number of hours of work1 and using computerized scheduling software to provide more flexible1 predictable1 and stable schedules for employees2 and 7ii7 evaluating the results of such pilot programs for employees1 employee's families1 and employers2 7,b7 publishing and otherwise making available to employers1 labor organizations1 professional associations1 educational institutions1 the various communication media1 and the general public the findings of studies regarding fair work scheduling policies and other materials for promoting compliance with this ,act2 7,c7 sponsoring and assisting ,state and community informational and educational programs2 and 7,d7 providing technical assistance to employers1 labor organizations1 professional associations1 and other interested persons on means of achieving and maintaining compliance with the provisions of this ,act4 7c7 ,,gao ,study 7#a7 ,study ,the ,comptroller ,general of the ,united ,states shall conduct a study on-- 7,a7 the impact of difficult scheduling practices on employees and employers1 including unpredictable and unstable schedules and schedules over which employees have little control1 and particularly how these scheduling practices impact absenteeism1 workforce turnover1 and employees' ability to meet their caregiving responsibilities2 7,b7 the prevalence in occupations not described in section #b7af77;,a7 of employees routinely receiving inadequate advance notice of the shifts or hours of the employees1 being assigned split shifts1 being sent home from work prior to the completion of their scheduled shift without being paid for the hours in their scheduled shift1 being assigned call-in shifts 7where the employee is required to contact the employer1 or wait to be contacted by the employer1 less than #bd hours in advance of the potential work shift to determine whether the employee must report to work71 or being called into work outside of scheduled hours2 7,c7 the effects on employees in occupations not described in section #b7af77;,a7 of providing advance notice of work schedules1 reporting time pay when employees are sent home without working their full scheduled shift or are assigned to call-in shifts but given no work for those shifts1 and split shift pay when employees are assigned split shifts2 and 7,d7 the effects on employers in occupations not described in section #b7af77;,a7 of providing advance notice of work schedules1 reporting time pay when employees are sent home without working their full scheduled shift or assigned to call-in shifts but given no work for those shifts1 and split shift pay when employees are assigned split shifts4 7#b7 ,reports ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall prepare and submit a report to the appropriate committees of ,congress concerning the initial results of the study conducted pursuant to paragraph 7#a74 ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general shall prepare and submit a follow-up report to such committees concerning the results of such study4 #aj4 ,rights retained by employees ,this ,act provides minimum requirements and shall not be construed to preempt1 limit1 or otherwise affect the applicability of any other law1 regulation1 requirement1 policy1 or standard that provides for greater rights for employees than are required in this ,act4 #aa4 ,exemption ,this ,act shall not apply to any employee covered by a bona fide collective bargaining agreement if the terms of the collective bargaining agreement include terms that govern work scheduling practices4 #ab4 ,effect on other law ,nothing in this ,act shall be construed as creating or imposing any requirement in conflict with any ,federal or ,state law or regulation 7including the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa et seq471 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 and title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq4771 nor shall anything in this ,act be construed to diminish or impair the rights of an employee under any valid collective bargaining agreement4