,i #aadth ,,congress #b;d ,session ,h4 ,r4 #eici ,,in ,,the ,,house ,,of ,,representatives ,september #f1 #bjaf,mr4 ,polis introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,financial ,services1 and ,oversight and ,government ,reform1 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 require employers to provide pay stubs1 codify the ,executive order relating to ,government contracting1 provide greater oversight of executive compensation and restrictions on sales of stocks1 clarify the definition of a supervisor1 and enhance penalties for violations of workforce safety and standards4 #a4 ,short title ,this ,act may be cited as the ,giving ,workers a ,fair ,shot ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,employer ,transparency ,sec4 #aja4 ,pay stub provision requirement4 ,sec4 #ajb4 ,enforcement4 ,sec4 #ajc4 ,effective date4 ,title ,,ii--,the ,re-,empowerment of ,skilled and ,professional ,employees and ,construction ,tradeworkers ,sec4 #bja4 ,definition of supervisor4 ,title ,,iii--,adequate ,labor ,law ,punishment and ,penalties ,sec4 #cja4 ,penalty enhancements4 ,title ,,iv--,first ,contract ,arbitration ,sec4 #dja4 ,facilitating initial collective bargaining agreements4 ,title ,v--,shareholder ,empowerment and ,executive ,responsibility ,sec4 #eja4 ,shareholder votes on executive compensation4 ,sec4 #ejb4 ,,ceo and chairman of the board of directors required to be different individuals4 ,sec4 #ejc4 ,extension of certain requirements for directors and officers4 ,title ,,vi--,prevention of ,taxpayer ,dollars ,being ,used for ,labor ,busting ,sec4 #fja4 ,limitation on the allowability of costs4 ,i ,employer ,transparency #aja4 ,pay stub provision requirement ,section #aa of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7 is amended by adding at the end the following new subsection3 7e7 ,every employer subject to subsection 7c7 shall provide to each employee1 in conjunction with each payment of compensation to that employee1 a document itemizing-- 7#a7 the total hours worked during the pay period2 7#b7 the total pay during the pay period2 7#c7 the hourly rate of pay1 or-- 7,a7 if the employee is paid a salary1 the hourly equivalent rate of pay2 7,b7 if the employee is paid a piece rate1 the number of piece rate units earned1 the applicable piece rate1 and total amount paid in accordance with such piece rate2 or 7,c7 if the employee receives commissions or is paid on the basis of any other type of rate1 the total amount paid in such commissions or in accordance with such rate2 7#d7 the total amount and rate of any overtime pay or1 in the case of an employee employed at piece rate1 the piece rate paid for each such overtime hour2 7#e7 the total amounts of earned1 used1 and available paid leave1 and any expiration dates associated with such leave2 7#f7 the source and amount of each deduction from total pay1 including an indication of whether such deduction is taxable or non-taxable2 7#g7 whether the employee is-- 7,a7 exempt from the minimum wage requirements under section #f7;a72 7,b7 exempt from the overtime requirements under section #g2 and 7,c7 if applicable1 considered by the employer to be an executive1 administrative1 professional1 or outside sales employee2 and 7#h7 such additional information relating to such compensation that the ,secretary may require4 4 #ajb4 ,enforcement ,section #af7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;e77#b77 is amended-- 7#a7 by striking 7#b7 ,any person and inserting 7#b77;,a7 ,any person2 and 7#b7 by adding at the end the following new subparagraph3 7,b7 ,any person who violates the provisions of section #aa7;e7 of this ,act shall be subject to a civil penalty of-- 7i7 not more than #a1jjj per day the document is not provided to the employee2 or 7ii7 not more than #ajj per day the person fails to provide a new document to the employee that-- 7,i7 contains any item or items described in paragraphs 7#a7 through 7#h7 of that subsection that was missing in the document as originally provided2 or 7,,ii7 corrects any such item or items that was incorrect as originally provided4 4 #ajc4 ,effective date ,the amendments made by this title shall take effect with respect to compensation paid after the date that is #a year after the date of the enactment of this ,act4 ,,ii ,the ,re-,empowerment of ,skilled and ,professional ,employees and ,construction ,tradeworkers #bja4 ,definition of supervisor ,section #b7aa7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7aa77 is amended-- 7#a7 by inserting and for a majority of the individual's worktime after interest of the employer2 7#b7 by striking assign12 and 7#c7 by striking or responsibility to direct them14 ,,iii ,adequate ,labor ,law ,punishment and ,penalties #cja4 ,penalty enhancements 7a7 ,national ,labor ,relations ,act 7#a7 ,backpay ,section #aj7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;c77 is amended by striking ,and provided further1 and inserting ,provided further1 ,that if the ,board finds that an employer has committed a violation of section #h7;a7 that results in the discharge of an employee or other serious economic loss to an employee1 the ,board shall award the employee back pay and an additional amount as liquidated damages equal to #b times the amount of such back pay1 without any reduction 7including any reduction based on the employee's interim earnings or failure to earn interim earnings73 ,provided further14 7#b7 ,penalty for interfering with the ,national ,labor ,relations ,board ,section #ab of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afb7 is amended by striking all that follows shall be and inserting fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than three years1 or both44 7b7 ,fair ,labor ,standards ,act ,section #af7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;a77 is amended-- 7#a7 by striking not more than six months and inserting not more than three years2 and 7#b7 by striking except for an offense and inserting except for an offense3 that denies an employee more than #a1jjj in minimum wages or overtime compensation1 or both1 in a #ab-month period2 that subjects such person to a civil penalty under subsection 7e77#a77;,a77ii72 or that is4 7c7 ,occupational ,safety and ,health ,act 7#a7 ,violation causing or significantly contributing to serious illness1 serious injury1 or death to employee ,section #ag7;e7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff7;e77 is amended-- 7,a7 by striking willfully and inserting knowingly2 7,b7 by striking caused death to and inserting causes or significantly contributes to the serious illness or serious injury 7as those terms are defined in section #eai7;b77#f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act7 or death1 of2 7,c7 by striking punished by a fine of not more than #aj1jjj or by imprisonment for not more than six months1 or by both and inserting fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #aj years1 or both2 and 7,d7 by striking such person1 punishment shall be by a fine of not more than #bj1jjj or by imprisonment for not more than one year1 or by both and inserting such employer1 the employer shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #bj years1 or both4 7#b7 ,penalty for discharge or discrimination against employee for exercise of rights ,section #ag of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fff7 is amended by adding at the end the following3 7m7 ,penalties for discharge or discrimination against employee for exercise of rights ,in addition to any disposition under section #aa7;c71 any employer who violates section #aa7;c77#a7 shall be punished as follows3 7#a7 ,first violation ,for the first such violation1 the employer shall be fined not more than #ej1jjj4 7#b7 ,second or subsequent violation ,if the employer commits such a violation after receiving a penalty under paragraph 7#a71 the employer shall be fined not less than #bj1jjj and not more than #bjj1jjj4 7#c7 ,violation causing or significantly contributing to serious illness1 serious injury1 or death ,paragraphs #a and #b notwithstanding1 if such violation causes or significantly contributes to a serious illness or serious injury 7as those terms are defined in section #eai7;b77#f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cfj;i77 or death1 the employer shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #aj years1 or both4 4 7d7 ,migrant and ,seasonal ,agricultural ,worker ,protection ,act ,section #eja of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahea7 is amended-- 7#a7 in subsection 7a7 by striking not more than #a1jjj or sentenced to prison for a term not to exceed one year1 or both and inserting under title #ah1 ,united ,states ,code1 or imprisoned for not more than three years1 or both2 and 7#b7 in subsection 7b7 by striking not more than #aj1jjj or sentenced to prison for a term not to exceed three years1 or both and inserting under title #ah1 ,united ,states ,code1 or imprisoned for not more than six years1 or both4 7e7 ,federal ,mine ,safety and ,health ,act ,section #aaj7;d7 of the ,federal ,mine ,safety and ,health ,act of #aigg 7#cj ,u4,s4,c4 #hbj7;d77 is amended to read as follows3 7d7 ,criminal penalties 7#a7 ,in general ,whoever1 being an operator1 knowingly-- 7,a7 violates a mandatory health or safety standard1 or 7,b7 violates or fails or refuses to comply with any order issued under section #ajd or section #ajg1 or any order incorporated in a final decision issued under this ,act 7except an order incorporated in a decision under subsection 7a77#a7 or section #aje7;c771 shall1 upon conviction1 be fined not more than #bej1jjj1 or imprisoned for not more than #a year1 or both1 except that if the operator commits the violation after having been previously convicted of a violation under this paragraph and if1 the operator knows or has reason to know that such subsequent violation has the potential to expose a miner to risk of serious injury1 serious illness1 or death1 the operator shall1 upon conviction1 be fined not more than #a1jjj1jjj1 or imprisoned for not more than #e years1 or both4 7#b7 ,significant risk of serious injury1 serious illness1 or death ,whoever1 being an operator1 knowingly-- 7,a7 tampers with or disables a required safety device 7except with express authorization from the ,secretary71 7,b7 violates a mandatory health or safety standard1 or 7,c7 violates or fails or refuses to comply with an order issued under section #ajd or #ajg1 or any order incorporated in a final decision issued under this ,act 7except an order incorporated in a decision under subsection 7a77#a7 or section #aje7;c771 and thereby recklessly exposes a miner to significant risk of serious injury1 serious illness1 or death1 shall1 upon conviction1 be fined not more than #a1jjj1jjj or imprisoned for not more than #e years1 or both1 except that if the operator commits the violation after having been previously convicted of a violation under this paragraph1 the operator shall1 upon conviction1 be fined not more than #b1jjj1jjj1 or imprisoned for not more than #aj years1 or both4 7#c7 ,criminal penalties for retaliation ,whoever knowingly-- 7,a7 with the intent to retaliate1 interferes with the lawful employment or livelihood of a person1 or the spouse1 sibling1 child1 or parent of a person1 because any of them provides information to an authorized representative of the ,secretary1 to a ,state or local mine safety or health officer or official1 or to other law enforcement officer1 in reasonable belief that the information is true and related to an apparent health or safety violation1 or to an apparent unhealthful or unsafe condition1 policy1 or practice under this ,act1 or 7,b7 interferes1 or threatens to interfere1 with the lawful employment or livelihood of a person1 or the spouse1 sibling1 child1 or parent of a person1 with the intent to prevent any of them from so providing such information1 shall be fined under title #ah or imprisoned for not more than #e years1 or both4 4 ,,iv ,first ,contract ,arbitration #dja4 ,facilitating initial collective bargaining agreements ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended by adding at the end the following3 7h7 ,whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition1 in lieu of subsection 7d71 the following shall apply3 7#a7 ,not later than #aj days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as described in section #i7;a71 or within such further period as the parties agree upon1 the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement4 7#b7 ,if after the expiration of the #ij-;day period beginning on the date on which bargaining is commenced1 or such additional period as the parties may agree upon1 the parties have failed to reach an agreement1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 ,whenever such a request is received1 it shall be the duty of the ,service promptly to put itself in communication with the parties and to use its best efforts1 by mediation and conciliation1 to bring them to agreement4 7#c7 ,if after the expiration of the #cj-;day period beginning on the date on which the request for mediation is made under paragraph 7#b71 or such additional period as the parties may agree upon1 the ,service is not able to bring the parties to agreement by conciliation1 the ,service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the ,service4 ,the arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of #b years1 unless amended during such period by written consent of the parties4 4 ,v ,shareholder ,empowerment and ,executive ,responsibility #eja4 ,shareholder votes on executive compensation 7a7 ,additional votes required if resolution on compensation not approved by shareholders ,section #ad;,a7a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghn-#a7;a77 is amended by adding at the end the following3 7#d7 ,additional votes required if resolution on compensation not approved by shareholders 7,a7 ,in general ,if a resolution required by paragraph 7#a7 or this subparagraph is not approved by vote of the shareholders1 the issuer shall call a meeting of the shareholders at which there shall be1 separately for each executive officer whose compensation was not approved in the earlier vote1 a shareholder vote on a separate resolution to approve the compensation disclosed under subparagraph 7,b7 with respect to such executive officer4 7,b7 ,disclosure ,the proxy or consent or authorization for a meeting required by subparagraph 7,a7 shall disclose-- 7i7 pursuant to section #bbi4djb of title #ag1 ,code of ,federal ,regulations1 or any successor thereto1 the compensation of each executive officer whose compensation will be subject to approval at such meeting2 and 7ii7 in a clear and simple form in accordance with regulations to be promulgated by the ,commission1 any arrangements1 whether or not written1 that each such executive officer has with the issuer concerning the terms under which any type of compensation may be earned by or awarded to the executive officer1 including in the future1 unless such arrangements are disclosed under clause 7i74 7,c7 ,timing of votes 7i7 ,initial vote ,the vote on the initial resolution required by subparagraph 7,a7 with respect to an executive officer shall occur not later than the end of the third quarter of the same fiscal year of the issuer in which the vote on the resolution required by paragraph 7#a7 occurs4 7ii7 ,second vote ,if the initial resolution required by subparagraph 7,a7 with respect to an executive officer is not approved by the shareholders1 the vote on the second resolution required by such subparagraph with respect to such executive officer shall occur not later than the date that is #ij days after the vote on the initial resolution required by such subparagraph with respect to such executive officer4 7iii7 ,subsequent votes ,if the second resolution required by subparagraph 7,a7 with respect to an executive officer1 or any subsequent resolution required by such subparagraph with respect to such executive officer1 is not approved by the shareholders1 the vote on the next resolution required by such subparagraph with respect to such executive officer shall occur not later than the date that is #ij days after the vote on the previous resolution required by such subparagraph with respect to such executive officer4 7,d7 ,inapplicability ,subparagraph 7,a7 does not apply with respect to an individual who is no longer an executive officer of the issuer4 4 7b7 ,binding effect of votes on frequency ,section #ad;,a7a77#b7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghn-#a7;a77#b77 is amended by adding at the end the following3 ,such votes shall occur not less frequently than so determined44 7c7 ,rules of construction ,section #ad;,a7c7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghn-#a7;c77 is amended-- 7#a7 in paragraph 7#b71 by striking the semicolon and inserting 2 or2 7#b7 in paragraph 7#c71 by striking 2 or and inserting a period2 7#c7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively1 and moving the margins of such subparagraphs #b ems to the right2 7#d7 by striking ,rule of construction4--,the shareholder vote referred to in subsections 7a7 and 7b7 and inserting the following3 ,rules of construction4-- 7#a7 ,in general ,except for the shareholder vote required by paragraph 7#b7 of subsection 7a71 and except for the requirement of paragraph 7#d7 of such subsection for a shareholder vote on a subsequent resolution after failure of a previous resolution to be approved by the shareholders1 a shareholder vote required by subsection 7a7 or 7b7 2 and 7#e7 by striking 7#d7 to restrict or limit and inserting the following3 7#b7 ,no effect on ability of shareholders to make proposals ,a shareholder vote required by subsection 7a7 or 7b7 may not be construed to restrict or limit 4 7d7 ,effective date ,the amendments made by this section shall apply to an issuer-- 7#a7 with respect to an additional shareholder vote under paragraph 7#d7 of section #ad;,a7a7 of the ,securities ,exchange ,act of #aicd1 as added by subsection 7a7 of this section1 beginning with the first shareholder vote under paragraph 7#a7 of such section #ad;,a7a7 that occurs on or after the date that is #a year after the date of the enactment of this ,act2 and 7#b7 with respect to a shareholder vote under paragraph 7#b7 of such section #ad;,a7a71 beginning with the first such vote that occurs on or after the date that is #a year after the date of the enactment of this ,act4 #ejb4 ,,ceo and chairman of the board of directors required to be different individuals 7a7 ,in general ,the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;a et seq47 is amended by inserting after section #ci the following3 #dj4 ,,ceo and chairman of the board of directors required to be different individuals 7a7 ,in general ,except as provided in subsection 7b71 an issuer that is required to prepare a proxy statement under section #ad7;a7 may not have the same individual simultaneously serving in the position of chief executive officer 7or any equivalent position7 of such issuer and chairman of the board of directors 7or any equivalent position7 of such issuer1 and an individual may not simultaneously serve in both such positions4 7b7 ,treatment of small capitalization companies ,subsection 7a7 shall not apply in the case of a small capitalization company 7as defined by the ,commission by regulation7 if1 by shareholder vote1 the shareholders elect for such subsection not to apply4 4 7b7 ,conforming amendment ,the ,securities ,exchange ,act of #aicd is further amended by striking section #ad;,b4 7c7 ,effective date ,the amendments made by this section shall apply beginning on the date that is #b years after the date of the enactment of this ,act4 #ejc4 ,extension of certain requirements for directors and officers 7a7 ,in general ,section #af of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghp7 is amended by adding at the end the following3 7h7 ,persons ceasing ,to be directors or officers 7#a7 ,continued applicability of requirements ,during the period beginning on the date on which a person ceases to be a director or officer described in subsection 7a77#a7 with respect to an issuer and ending on the date that is #a year thereafter1 such person shall continue to be subject to this section 7except as provided in paragraph 7#b77 in the same manner and to the same extent as if such person had not so ceased4 7#b7 ,prohibition on selling more than #be percent of stock of issuer ,if a person ceases to be a director or officer described in subsection 7a77#a7 with respect to an issuer1 such person may not1 during the period that begins on the first day of the last full fiscal quarter of the issuer in which such person is such a director or officer and ends on the date that is #a year after the date on which such person so ceases1 sell more than #be percent of the equity securities of such issuer 7other than an exempted security7 that such person owns on the first day of such period4 4 7b7 ,conforming amendment ,section #af7;d7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghp7d77 is amended by striking subsection 7c7 and inserting subsections 7c7 and 7h77#b74 7c7 ,effective date ,the amendments made by this section shall apply to a person who ceases to be a director or officer described in section #af7;a77#a7 of the ,securities ,exchange ,act of #aicd after the date that is #a year after the date of the enactment of this ,act4 ,,vi ,prevention of ,taxpayer ,dollars ,being ,used for ,labor ,busting #fja4 ,limitation on the allowability of costs 7a7 ,amendment ,chapter #dc of division ,c of subtitle ,i of title #da1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dcaa4 ,limitation on the allowability of costs 7a7 ,in general ,costs incurred by a contractor relating to any covered activity are not allowable as reimbursable costs under a contract entered into by an executive agency4 ,such unallowable costs shall be excluded from any billing1 claim1 proposal1 or disbursement applicable to any such contract4 7b7 ,covered activities ,for purposes of subsection 7a71 a covered activity1 with respect to a contract entered into by an executive agency1 includes any activity undertaken to persuade employees of the contractor to exercise or not to exercise1 or concerning the manner of exercising1 rights to organize and bargain collectively through representatives of the employees' own choosing1 and includes the following3 7#a7 ,preparing and distributing materials4 7#b7 ,hiring or consulting legal counsel or consultants4 7#c7 ,holding meetings 7including paying the salaries of the attendees at meetings held for this purpose74 7#d7 ,planning or conducting activities by managers1 supervisors1 or union representatives during work hours4 7c7 ,exception ,the costs described in subsection 7a7 do not include costs of maintaining satisfactory relations between the contractor and its employees1 including costs of labor-management committees1 employee publications 7other than those undertaken to persuade employees to exercise or not to exercise1 or concerning the manner of exercising1 the right to organize and bargain collectively71 and other related activities4 4 7b7 ,technical and conforming amendment ,the table of sections at the beginning of chapter #dc of division ,c of subtitle ,i of title #da1 ,united ,states ,code1 is amended by adding after the item relating to section #dcaj the following new item3 #dcaa4 ,limitation on the allowability of costs4 4 7c7 ,existing ,,far application ,section #ca4bje-ba of title #dh1 ,code of ,federal ,regulations 7relating to labor relations costs71 shall be considered to implement the provisions of section #dcaa of title #da1 ,united ,states ,code1 as added by subsection 7a71 and may be revised as necessary4