,,ii #aacth ,,congress #ast ,session ,s4 #abdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bg1 #bjac ,mr4 ,casey 7for himself and ,mr4 ,harkin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to permit employees to request1 and to ensure employers consider requests for1 flexible work terms and conditions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,flexibility for ,working ,families ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,over the last #ej years1 the demographics of the ,nation's workforce have undergone significant changes4 ,as a result of the changes1 the modern workforce has a more diverse set of needs4 7#b7 ,over time1 increasing numbers of women have joined the workforce4 ,the ,bureau of ,labor ,statistics reports that in #aifj women composed #cc percent of employed persons1 whereas in #bjaj they were #dg percent of employed persons4 7#c7 ,fewer households have at least #a parent at home4 ,according to the ,bureau of the ,census1 more than #gj percent of children are raised in families that are headed by either a working single parent or #b working parents4 ,furthermore1 the number of households with married parents and children1 in which both parents were in the workforce1 rose to #ff percent in #bjaj4 ,the number of single-parent families has also increased1 almost tripling over the last #ej years1 from #e percent in #aifj1 to #ad percent in #bjaj4 7#d7 ,more households are caring for older relatives4 ,according to the ,bureau of the ,census1 the average life expectancy for a child born in #bjaj is #gh4c years1 almost #aj years longer than for a child born in #aifj4 ,the ,national ,alliance for ,caregiving found that #eg percent of persons who provide unpaid care to an adult or to a child with special needs are employed1 with #df percent working full time and #aa percent working part time4 7#e7 ,many jobs are now located outside of city centers4 ,low-wage employees in particular have difficulty reaching jobs through public transportation during off-peak shifts1 such as shifts that start in the evening or early morning4 7#f7 ,in response to the needs of the modern workforce some employers have instituted flexible work arrangements1 which1 according to ,georgetown ,university ,law ,school's ,workforce ,flexibility #bjaj initiative1 are voluntary arrangements between employees and employers that alter the time or place at which work is conducted1 or the amount of work that is conducted1 in order to allow employees to more easily meet the needs of both work and family life4 7#g7 ,the ,national ,study of the ,changing ,workforce1 published in #bjjb by the ,families and ,work ,institute1 found that employees with access to flexible work arrangements reported less interference between their job and family life1 and fewer mental health problems4 7#h7 ,corporate ,voices for ,working ,families found that implementing workplace flexibility improves employee satisfaction1 morale1 and teamwork as well as employee health1 well-being1 and resilience1 and helps to reduce stress4 7#i7 ,flexible work arrangements have also been shown to improve the bottom line for businesses4 ,corporate ,voices for ,working ,families found that implementing workplace flexibility improves the bottom line by helping businesses to attract and retain key talent1 increase employee retention and reduce turnover1 reduce overtime and absenteeism1 and enhance employee productivity1 effectiveness1 and engagement4 7#aj7 ,the ,president's ,council of ,economic ,advisors found that1 as more businesses adopt flexibility practices1 the benefits to society1 in the form of reduced traffic1 improved employment outcomes1 and more efficient allocation of employees to employers1 may be greater than the gains to individual businesses and employees4 7#aa7 ,according to a #bjaa ,government ,accountability ,office report1 a flexible work environment can increase and enhance employment opportunities for individuals with disabilities4 7#ab7 ,the ,society for ,human ,resource ,management believes that the key to getting the best out of every employee is a flexible work environment4 7#ac7 ,according to the ,national ,partnership for ,women and ,families1 businesses can retain their most valuable asset--a trained and committed workforce--by offering flexible workplace policies4 #c4 ,definitions ,in this ,act3 7#a7 ,administrative officer ,the term administrative officer1 used with respect to an employer or an employee1 means the corresponding individual or entity with authority to issue regulations under section #ac4 7#b7 ,employee ,the term employee means an individual-- 7,a7 who is-- 7i7 7,i7 an employee 7including an applicant71 as defined in section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e771 who is not covered under any of clauses 7ii7 through 7v71 including such an employee of the ,library of ,congress1 except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses 7i77,i7 and 7ii7 of paragraph 7#c77;,a72 or 7,,ii7 an employee 7including an applicant7 of the ,government ,accountability ,office2 7ii7 a ,state employee 7including an applicant7 described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 7iii7 a covered employee 7including an applicant71 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja72 7iv7 a covered employee 7including an applicant71 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7v7 a ,federal officer or employee 7including an applicant7 covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 and 7,b7 who works at least #bj hours per week or1 in the alternative1 at least #a1jjj hours per year4 7#c7 ,employer 7,a7 ,in general ,the term employer means a person who is-- 7i7 7,i7 a covered employer1 as defined in subparagraph 7,b71 who is not covered under any of subclauses 7,,ii7 through 7,v72 7,,ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia2 7,,iii7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie2 7,,iv7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,v7 an employing agency covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 and 7ii7 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,b7 ,covered employer 7i7 ,in general ,in subparagraph 7,a77i77,i71 the term covered employer-- 7,i7 means any person engaged in commerce or in any industry or activity affecting commerce who employs #ae or more employees for each working day during each of #bj or more calendar workweeks in the current or preceding calendar year2 7,,ii7 includes-- 7aa7 any person who acts1 directly or indirectly1 in the interest of such an employer to any of the employees of such employer2 and 7bb7 any successor in interest of such an employer2 and 7,,iii7 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 7ii7 ,definitions ,for purposes of this subparagraph3 7,i7 ,commerce ,the terms commerce and industry or activity affecting commerce have the meanings given the terms in section #aja of such ,act 7#bi ,u4,s4,c4 #bfaa74 7,,ii7 ,employee2 person ,the terms employee and person have the meanings given such terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7,c7 ,predecessors ,any reference in this paragraph to an employer shall include a reference to any predecessor of such employer4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#e7 ,supervisor 7,a7 ,in general ,the term supervisor has the meaning given the term in section #aeb of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb74 7,b7 ,application ,for purposes of applying this paragraph1 a reference in such section-- 7i7 to an employee shall be considered to be a reference to an employee1 as defined in this section2 and 7ii7 to an employer shall be considered to be a reference to an employer1 as defined in this section4 #d4 ,statutory right to request flexible work terms and conditions 7a7 ,in ,general ,an employee may apply to the employee's employer for a temporary or permanent change in the employee's terms or conditions of employment if the change relates to-- 7#a7 the number of hours the employee is required to work2 7#b7 the times when the employee is required to work or be on call for work2 7#c7 where the employee is required to work2 or 7#d7 the amount of notification the employee receives of work schedule assignments4 7b7 ,contents ,an application submitted under this section shall-- 7#a7 state that the application is an application described in subsection 7a72 7#b7 specify the change applied for and the date on which the employee requests that the change become effective2 and 7#c7 explain what effect1 if any1 the employee thinks the change applied for would have on the employer and how1 in the employee's opinion1 any such effect might be dealt with4 7c7 ,submissions 7#a7 ,period between submissions ,if an employee1 who has submitted an application under this section to an employer1 submits a further application under this section to the same employer before the end of the period of #ab months beginning with the date on which the previous application was submitted1 that further application shall not be covered by section #e4 7#b7 ,form and timing ,the administrative officer shall1 by regulation issued under section #ac1 specify-- 7,a7 the form of applications submitted under this section2 and 7,b7 when such an application shall be considered to be submitted4 #e4 ,employer's duties in relation to applications 7a7 ,in ,general ,an employer to whom an employee submits an application under section #d shall consider the application1 in accordance with regulations issued under section #ac4 7b7 ,regulations ,regulations issued under subsection 7a7-- 7#a7 shall include provisions that provide-- 7,a7 that the employer and the employee shall hold a meeting to discuss such an application2 7,b7 that the employer shall give the employee a written decision regarding the application1 within a reasonable period after the date of the meeting2 7,c7 that a decision under subparagraph 7,b7 to reject the application shall state the grounds for the decision1 including whether those grounds included-- 7i7 the identifiable cost of the proposed change in a term or condition of employment requested in the application1 including the costs of loss of productivity1 of retraining or hiring an employee1 or of transferring an employee from one facility to another facility2 7ii7 the overall financial resources involved2 7iii7 for an employer with multiple facilities1 the geographic separateness or administrative or fiscal relationship of the staffs at the facilities2 7iv7 the effect of the change on the employer's ability to meet customer demand2 or 7v7 another factor specified by the administrative officer in regulation2 7,d7 that if the employer rejects the employee's application1 the employer may propose in writing an alternative change to the employee's hours1 times1 place1 and amount of notification of schedule assignments for work2 7,e7 that if the employee is dissatisfied with the employer's decision under subparagraph 7,b7 and the alternative described in subparagraph 7,d71 and if the employer has another supervisor1 the employee has the right to reconsideration of the decision by such supervisor1 and to receive a decision in writing from the reconsideration within a reasonable period1 in accordance with procedures specified in regulations issued under section #ac2 7,f7 that the employee shall have a right to be accompanied at meetings described in subparagraph 7,a7 by a representative of the employee's choosing with such qualifications as the regulations shall specify2 7,g7 that if such a representative of the employee's choosing is not available to attend a meeting described in subparagraph 7,a71 the meeting shall be postponed2 and 7,h7 for extension of a time limit specified in the regulations in a case in which the employer and employee agree1 or in such other circumstances as the regulations may specify2 and 7#b7 may include provisions that provide-- 7,a7 that any requirement of the regulations shall not apply in a case in which such an application is disposed of by agreement or withdrawn2 and 7,b7 for applications to be treated as withdrawn in specified circumstances4 #f4 ,prohibited acts 7a7 ,interference ,with ,rights ,it shall be unlawful for any employer to interfere with1 restrain1 or deny the exercise of1 or the attempt to exercise1 any right provided under this ,act4 7b7 ,interference ,with ,application1 ,proceedings1 or ,inquiries ,it shall be unlawful for any employer to discharge or in any other manner discriminate against 7including retaliating against7 any individual because such individual-- 7#a7 has submitted 7or attempted to submit7 an application under section #d or requested 7or attempted to request7 a reconsideration under section #e2 7#b7 has filed an action1 or has instituted or caused to be instituted any proceeding1 under or related to this ,act2 7#c7 has given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this ,act2 7#d7 has testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this ,act2 7#e7 has opposed any practice made unlawful by this ,act2 or 7#f7 has in any other way exercised or attempted to exercise any right provided under this ,act4 #g4 ,enforcement 7a7 ,definitions ,except as provided in subsection 7d71 in this section3 7#a7 ,employee ,the term employee means an employee described in clause 7i7 or 7ii7 of section #c7b77;,a74 7#b7 ,employer ,the term employer means an employer described in subclause 7,i7 or 7,,ii7 of section #c7c77;,a77i74 7b7 ,general ,authority ,the provisions of this ,act may be enforced pursuant to the following provisions3 7#a7 ,investigation and assessment ,an employee who is affected by a violation of a right in section #f 7including a violation relating to a right provided under section #d or #e7 may make a complaint to the ,secretary of ,labor1 alleging that the employer involved has violated section #f4 ,the ,secretary shall receive1 investigate1 and attempt to resolve such complaints of violations in the same manner as the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of section #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 section #h7;a77#a7 or awarding relief described in section #h7;a77#b71 as appropriate1 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 a review of and a decision regarding such an order by an administrative law judge1 who may hold an administrative hearing concerning the order under procedures established by the administrative officer that comply with the requirements of sections #eed1 #eef1 and #eeg of title #e1 ,united ,states ,code1 and regulations promulgated by the administrative officer4 ,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 deemed to be a final order that is not subject to judicial review4 7#c7 ,enforcement ,the amount of any penalty assessed against an employer under this subsection1 when finally determined1 may be-- 7,a7 deducted from any sums owed by the ,united ,states to the employer2 or 7,b7 recovered in a civil action brought against the employer by the ,secretary1 represented by the ,solicitor of ,labor 7or brought against the employer by the administrative officer specified in section #ac7;a77 in any court of competent jurisdiction4 7#d7 ,civil action ,an affected person desiring review of a decision issued under paragraph 7#b7 7other than a nonreviewable order7 may file a petition for review in an appropriate ,federal court of appeals4 7#e7 ,civil action by the ,secretary for injunctive relief ,the ,secretary 7or the administrative officer specified in section #ac7;a77 may bring an action for a violation described in paragraph 7#a7 in a district court of the ,united ,states to obtain the injunctive relief described in section #h7;b74 7c7 ,other ,employees 7#a7 ,employees covered by congressional accountability act of #aiie ,notwithstanding any other provision of this section or section #h1 the powers1 remedies1 and procedures provided in the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 to the ,board 7as defined in section #aja of that ,act 7#b ,u4,s4,c4 #acja771 or any person1 alleging a violation of section #bjb7;a77#a7 of that ,act 7#b ,u4,s4,c4 #acab7;a77#a77 shall be the powers1 remedies1 and procedures this ,act provides to that ,board1 or any person1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #c7b77;,a77iii74 7#b7 ,employees covered by chapter #e of title #c1 united states code ,notwithstanding any other provision of this section or section #h1 the powers1 remedies1 and procedures provided in chapter #e of title #c1 ,united ,states ,code1 to the ,president1 the ,merit ,systems ,protection ,board1 or any person1 alleging a violation of section #dab7;a77#a7 of that title1 shall be the powers1 remedies1 and procedures this ,act provides to the ,president1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #c7b77;,a77iv74 7#c7 ,employees covered by chapter #fc of title #e1 united states code ,notwithstanding any other provision of this section or section #h1 the powers1 remedies1 and procedures provided in title #e1 ,united ,states ,code1 to an employing agency1 provided in chapter #ab of that title to the ,merit ,systems ,protection ,board1 or provided in that title to any person1 alleging a violation of subchapter ,v of chapter #fc of that title1 shall be the powers1 remedies1 and procedures this ,act provides to that agency1 that ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #c7b77;,a77v74 #h4 ,remedies 7a7 ,administrative ,proceedings and ,actions for ,review 7#a7 ,interference with exercise of rights ,in an action brought under paragraph 7#a71 7#b71 or 7#d7 of section #g7;b71 an employer who commits a willful or repeated violation of the provisions of section #f 7including a violation relating to a right provided under section #d or #e7 shall be subject to a civil penalty of not more than #a1ajj for each employee who was the subject of such a violation4 7#b7 ,retaliation ,in an action brought under paragraph 7#a71 7#b71 or 7#d7 of section #g7;b71 if an employer violates section #f7;b71 the employee who is affected by the violation or the ,secretary 7or the administrative officer specified in section #ac7;a771 as appropriate1 may obtain an order awarding such equitable relief as may be appropriate1 including employment1 reinstatement1 promotion1 back pay1 and a change in the terms or conditions of employment4 7b7 ,civil action by the ,secretary for injunctive relief ,in an action brought under section #g7;b77#e71 the ,secretary 7or the administrative officer specified in section #ac7;a77 may obtain an order-- 7#a7 restraining violations of section #f 7including a violation relating to a right provided under section #d or #e72 or 7#b7 awarding such other equitable relief as may be appropriate1 including employment1 reinstatement1 promotion1 back pay1 and a change in the terms or conditions of employment4 #i4 ,notice 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 administrative officer specified in section #ac7;a77 setting forth excerpts from1 or summaries of1 the pertinent provisions of this ,act and information pertaining to the filing of a complaint under section #g7;b74 7b7 ,penalty ,any employer that willfully violates this section may be assessed a civil money penalty not to exceed #ejj for each separate offense4 #aj4 ,recordkeeping ,any employer shall make1 keep1 and preserve records pertaining to compliance with this ,act in accordance with regulations issued under section #ac4 #aa4 ,research1 education1 and technical assistance program 7a7 ,in general ,the ,secretary 7and each administrative officer specified in section #ac7;a71 as applicable7 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 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 regarding providing a flexible work environment through changes in employee terms and conditions of employment as provided in section #d7;a72 and 7#b7 the ,secretary shall carry on a continuing program of research1 education1 and technical assistance1 including-- 7,a7 conducting and promoting research with the intent of encouraging flexibility in work terms and conditions2 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 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 #ab4 ,rights retained by employees ,nothing in this ,act shall be considered to diminish the rights1 privileges1 or remedies of any employee under any ,federal or ,state law1 or under a collective bargaining agreement4 #ac4 ,application of provisions ,not later than #ab months after the date of enactment of this ,act-- 7#a7 7,a7 except as provided in subparagraph 7,b71 the ,secretary shall issue such regulations as are necessary to carry out this ,act 7including regulations described in sections #d7;c77#b71 #e7;a71 #e7;b77#a77;,e71 and #g7;b77#b77 with respect to employees described in clause 7i7 or 7ii7 of section #c7b77;,a72 and 7,b7 the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress shall issue such regulations as are necessary to carry out this ,act 7including regulations described in sections #d7;c77#b71 #e7;a71 #e7;b77#a77;,e71 and #g7;b77#b77 with respect to employees of the ,government ,accountability ,office and the ,library of ,congress1 respectively2 7#b7 the ,board of ,directors of the ,office of ,compliance shall issue 7in accordance with section #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd77 such regulations as are necessary to carry out this ,act 7including regulations described in sections #d7;c77#b71 #e7;a71 #e7;b77#a77;,e71 and #g7;b77#b77 with respect to employees described in section #c7b77;,a77iii72 7#c7 the ,president 7or the designee of the ,president7 shall issue such regulations as are necessary to carry out this ,act 7including regulations described in sections #d7;c77#b71 #e7;a71 #e7;b77#a77;,e71 and #g7;b77#b77 with respect to employees described in section #c7b77;,a77iv72 and 7#d7 the ,director of the ,office of ,personnel ,management shall issue such regulations as are necessary to carry out this ,act 7including regulations described in sections #d7;c77#b71 #e7;a71 #e7;b77#a77;,e71 and #g7;b77#b77 with respect to employees described in section #c7b77;,a77v74 #ad4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act such sums as may be necessary for fiscal year #bjab and each subsequent fiscal year4 #ae4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this ,act takes effect on the date of enactment of this ,act4 7b7 ,application of nonregulatory provisions 7#a7 ,in general ,except as provided in paragraph 7#b71 sections #b through #ab shall apply on the earlier of-- 7,a7 the date that occurs #c months after the date on which the ,secretary issues regulations under section #ac7;a77#a77;,a72 and 7,b7 the date that occurs #ae months after the date of enactment of this ,act4 7#b7 ,collective bargaining agreements ,in the case of a collective bargaining agreement in effect on the application date prescribed by paragraph 7#a71 sections #b through #ab shall apply on the earlier of-- 7,a7 the date of the termination of such agreement2 or 7,b7 the date that occurs #ab months after the date of enactment of this ,act4