,,ii #aaeth ,,congress #ast ,session ,s4 #achf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bj1 #bjag,ms4 ,warren 7for herself1 ,mrs4 ,murray1 ,mr4 ,murphy1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,brown1 ,ms4 ,cortez ,masto1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mr4 ,franken1 ,mrs4 ,gillibrand1 ,ms4 ,harris1 ,ms4 ,hirono1 ,mr4 ,leahy1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,reed1 ,mr4 ,sanders1 ,mr4 ,schumer1 ,mr4 ,van ,hollen1 ,mr4 ,whitehouse1 and ,mr4 ,wyden7 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 request changes to their work schedules without fear of retaliation and to ensure that employers consider these requests1 and to require employers to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices that negatively affect employees1 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 ,sixty-four percent of mothers are the primary breadwinners or co-breadwinners in their families4 7#b7 ,despite the dual responsibilities of today's workforce1 both hourly and salaried workers often have little ability to make changes to their work schedules when those changes are needed to accommodate family responsibilities4 7#c7 7,a7 ,low-wage working mothers are more likely to be raising children on their own than higher-wage working mothers4 ,for example1 more than half of mothers in low-wage jobs who have very young children are single parents1 compared to around one-third of all working mothers who have very young children4 7,b7 ,at the same time1 low-wage workers have the least control over their work schedules and the most unpredictable schedules4 ,for example-- 7i7 roughly half of low-wage workers reported very little or no control over the timing of the hours they were scheduled to work2 7ii7 7,i7 many workers in low-wage jobs receive their work schedules with very little advance notice2 and 7,,ii7 #da percent of workers who are ages #bf through #cb 7referred to in this section as early-career workers7 in hourly jobs report getting their work schedules a week or less in advance2 7iii7 some workers in low-wage jobs are sent home from work when work is slow without being paid for their scheduled shift2 7iv7 7,i7 many employers have adopted just-in-time scheduling1 which bases workers' schedules on perceived consumer demand and often results in workers being given very little advance notice of their work schedules2 and 7,,ii7 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--have become common practice2 and 7v7 7,i7 #bj to #cj percent of workers in low-wage jobs struggle with being required to work extra hours with little or no notice2 and 7,,ii7 in a typical month1 for the #gd percent of early-career workers in hourly jobs who report fluctuations in their work hours1 those hours typically fluctuate by more than an #h-;hour day of work and pay per week4 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 securing and maintaining stable child care2 7,b7 access and receive needed care for the workers' own serious health conditions2 7,c7 pursue workforce training2 7,d7 get or keep a second job1 which many part-time workers need to make ends meet2 7,e7 plan for and access transportation to reach worksites2 and 7,f7 qualify for and maintain eligibility for needed public benefits and work supports1 such as child care subsidies and benefits under the supplemental nutrition assistance program1 due to fluctuations in income and work hours4 7#e7 ,twenty-six percent of workers on irregular or on-call schedules and #ai percent of workers on rotating or split shift schedules experience work-family conflict1 compared to #aa percent of workers on regular work schedules4 ,a recent national survey of retail workers found that unpredictable schedules for parents are associated with higher stress and less time spent with their children4 7#f7 ,unpredictable and unstable schedules are common in a wide range of occupations1 including food preparation and service1 retail sales1 and cleaning occupations4 ,according to data from the ,bureau of ,labor ,statistics for early-career adults1 #fd percent of food service workers1 #ej percent of retail workers1 and #dj percent of cleaning workers know their schedules only a week or less in advance4 ,the average variation between the least and most hours worked in a single month is #gj percent for food service workers1 #ej percent for retail workers1 and #dj percent for cleaning workers4 7#g7 ,food service workers1 retail workers1 and cleaning workers are among the lowest-paid workers1 and those #c occupations account for nearly #bd1jjj1jjj workers1 which is almost #a_/f of the workforce4 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 worker 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 ,act3 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 ,act 7#bi ,u4,s4,c4 #caeb7;d7771 and provides career awareness information4 ,the term includes a program allowable under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 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 ,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#f7 ,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#i77;,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#i77;,a77 of such employer2 7iii7 includes any successor in interest of such an employer2 and 7iv7 includes an agency described in subparagraph 7,a77iii7 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#i77;,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 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#g7 ,domestic partner ,the term domestic partner means the individual 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#h7 ,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 7#i7 ,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#aj7 ,employer ,the term employer means a person-- 7,a7 who is-- 7i7 a covered employer1 as defined in paragraph 7#f71 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#aa7 ,family relationship ,the term family relationship means a relationship with-- 7,a7 a child1 spouse1 domestic partner1 parent1 grandchild1 grandparent1 sibling1 or parent of a spouse or domestic partner2 or 7,b7 any individual related to the employee involved by blood or affinity1 whose close association with the employee is the equivalent of a family relationship described in subparagraph 7,a74 7#ab7 ,grandchild ,the term grandchild means the child of a child4 7#ac7 ,grandparent ,the term grandparent means the parent of a parent4 7#ad7 ,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#ae7 ,nonexempt employee ,the nonexempt employee means an employee who is not 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#af7 ,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#ag7 ,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#ah7 ,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#ai7 ,retail1 food service1 or cleaning employee ,the term retail1 food service1 or cleaning employee means an individual nonexempt 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 7,a7 ,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 7,b7 ,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 7,c7 ,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#bj7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ba7 ,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#bb7 ,sibling ,the term sibling means a brother or sister1 whether related by half blood1 whole blood1 or adoption1 or as a stepsibling4 7#bc7 ,split shift ,the term split shift means a schedule of daily hours in which the hours worked are not consecutive1 except that-- 7,a7 a schedule in which the total time out for meals does not exceed one hour shall not be treated as a split shift2 and 7,b7 a schedule in which the break in the employee's work shift is requested by the employee shall not be treated as a split shift4 7#bd7 ,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 recognized 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#be7 ,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#bf7 ,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#bg7 ,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#bh7 ,work ,shift ,the term work shift means the specific hours of the workday during which an employee works4 #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 denial1 including whether any such reason is a bona fide business reason4 7#c7 ,information ,if information provided by the employee making a request under this section 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 is a bona fide business reason4 #d4 ,requirements for reporting time pay1 split shift pay1 and advance notice of work schedules for retail1 food service1 cleaning1 or ,secretary's designated employees 7a7 ,reporting time pay requirement ,an employer shall pay a retail1 food service1 or cleaning employee or a designated employee1 in an additional occupation designated by the ,secretary1 under section #h7;a77#b7 as appropriate for coverage under this ,act 7referred to in this ,act as a retail1 food service1 cleaning1 or ,secretary's designated employee7-- 7#a7 for at least #d hours at the regular rate of pay of the employee involved for each day on which the retail1 food service1 cleaning1 or ,secretary's designated employee reports for work1 as required by the employer1 but is given less than four hours of work1 except that if the employee's scheduled hours for a day are less than #d hours1 such employee shall be paid for the scheduled hours of the employee involved for that day if given less than the scheduled hours of work2 and 7#b7 for at least #a hour at the regular rate of pay of the employee involved for each day the retail1 food service1 cleaning1 or ,secretary's designated employee is given specific instructions to contact the employer of the employee involved1 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 cleaning1 or ,secretary's designated employee for one additional hour at the employee's regular rate of pay for each day during which the employee works a split shift4 7c7 ,advance notice requirement 7#a7 ,initial schedule ,on or before a new retail1 food service1 cleaning1 or ,secretary's designated employee's first day of work1 the employer shall inform the employee in writing of the work schedule of the employee involved and the minimum number of expected work hours the employee will be assigned to work per month4 7#b7 ,providing notice of new schedules ,except as provided in paragraph 7#c71 if a retail1 food service1 cleaning1 or ,secretary's designated employee's work schedule changes from the work schedule of which the employee was informed pursuant to paragraph 7#a71 the employer shall provide the employee with the new work schedule of the employee involved not less than #ad days before the first day of the new work schedule4 ,if the expected minimum number of work hours that a retail1 food service1 cleaning1 or ,secretary's designated employee will be assigned changes from the number of which the employee involved was informed pursuant to paragraph 7#a71 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 cleaning1 or ,secretary's designated 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 cleaning1 or ,secretary's designated employees beyond those previously scheduled1 but an employer shall be required to provide one extra hour of pay at the 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 employee due to the unforeseen unavailability of a retail1 food service1 cleaning1 or ,secretary's designated 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 involved in writing4 ,nothing in this subsection shall be construed as prohibiting an employer from using any additional means of notifying a retail1 food service1 cleaning1 or ,secretary's designated employee of the work schedule of the employee involved4 7#e7 ,schedule posting requirement ,every employer employing any retail1 food service1 cleaning1 or ,secretary's designated employee1 subject to this ,act shall post the schedule and keep it posted in a conspicuous place in every establishment where such employee is employed so as to permit the employee involved to observe readily a copy4 ,availability of that schedule by electronic means accessible by all retail1 food service1 cleaning1 or ,secretary's designated employees1 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 cleaning1 or ,secretary's designated 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 ,pay stub transparency ,any pay provided to an employee pursuant to subsection 7a71 7b71 or 7c77#c7 7referred to in this paragraph as additional pay7 shall be included in the employee's regular paycheck4 ,the employer shall identify1 in the corresponding written wage statement or pay stub1 the total number of hours of additional pay provided for the pay period involved and whether the additional pay was due to the requirements of subsection 7a77#a71 the requirements of subsection 7a77#b71 the requirements of subsection 7b71 or the requirements of subsection 7c77#c74 7e7 ,exception ,the requirements in subsections 7a7 through 7d7 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 cleaning1 or ,secretary's designated 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 subsection 7a71 7b71 or 7c77#c7 of 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#c7 7in accordance with paragraph 7#c771 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 penalty ,an employer who willfully and repeatedly violates-- 7,a7 paragraph 7#a71 7#b71 7#d71 or 7#e7 of section #d7;c71 or section #d7;d71 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 7#d7 ,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 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 7e7 ,other ,administrative ,officers 7#a7 ,board ,in the case of employees described in section #b7i77;,c71 the authority of the ,secretary under this ,act shall be exercised by the ,board of ,directors of the ,office of ,compliance4 7#b7 ,president2 ,merit ,systems ,protection ,board ,in the case of employees described in section #b7i77;,d71 the authority of the ,secretary under this ,act shall be exercised by the ,president and the ,merit ,systems ,protection ,board4 7#c7 ,office of ,personnel ,management ,in the case of employees described in section #b7i77;,e71 the authority of the ,secretary under this ,act shall be exercised by the ,office of ,personnel ,management4 7#d7 ,librarian of ,congress ,in the case of employees of the ,library of ,congress1 the authority of the ,secretary under this ,act shall be exercised by the ,librarian of ,congress4 7#e7 ,comptroller ,general ,in the case of employees of the ,government ,accountability ,office1 the authority of the ,secretary under this ,act shall be exercised by the ,comptroller ,general of the ,united ,states4 #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 ,secretary of ,labor 7#a7 ,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 issue such regulations as may be necessary to implement this ,act4 7#b7 ,regulations regarding additional occupations to be covered 7,a7 ,in general ,in carrying out paragraph 7#a71 the ,secretary shall issue regulations that specify a process the ,secretary will follow to identify and designate additional occupations1 for purposes of section #d7;a71 that are appropriate for coverage under this ,act4 ,nonexempt employees in such occupations shall be considered to be designated employees for purposes of this ,act4 7,b7 ,criteria ,the regulations shall provide that the ,secretary shall so designate an additional occupation-- 7i7 in which not less than #aj percent of workers employed in the occupation generally-- 7,i7 receive advance notice of their work schedules less than #ad days before the first day of the work schedules2 or 7,,ii7 experience fluctuations in the number of hours the employees are scheduled to work on a daily1 weekly1 or monthly basis2 or 7ii7 for which the ,secretary determines such designation is appropriate4 7,c7 ,data review ,in issuing the regulations1 the ,secretary shall specify the process by which the ,department of ,labor will review data from stakeholders1 and data collected or generated by the ,department1 in making those designations4 7b7 ,board 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,board of ,directors of the ,office of ,compliance shall issue such regulations as may be necessary to implement this ,act with respect to employees described in section #b7i77;,c74 ,the procedures applicable to regulations of the ,board issued for the implementation of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq471 prescribed in section #cjd of that ,act 7#b ,u4,s4,c4 #achd71 shall be the procedures applicable to regulations issued under this subsection4 7#b7 ,consideration ,in prescribing the regulations1 the ,board shall take into consideration the enforcement and remedies provisions concerning the ,board1 and applicable to rights and protections under the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa et seq471 under the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq474 7#c7 ,modifications ,the regulations issued under paragraph 7#a7 to implement this ,act shall be the same as substantive regulations issued by the ,secretary to implement this ,act1 except to the extent that the ,board may determine1 for good cause shown and stated together with the regulations issued by the ,board1 that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this ,act4 7c7 ,president 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,president shall issue such regulations as may be necessary to implement this ,act with respect to employees described in section #b7i77;,d74 7#b7 ,consideration ,in prescribing the regulations1 the ,president shall take into consideration the enforcement and remedies provisions concerning the ,president and the ,merit ,systems ,protection ,board1 and applicable to rights and protections under the ,family and ,medical ,leave ,act of #aiic1 under chapter #e of title #c1 ,united ,states ,code4 7#c7 ,modifications ,the regulations issued under paragraph 7#a7 to implement this ,act shall be the same as substantive regulations issued by the ,secretary to implement this ,act1 except to the extent that the ,president may determine1 for good cause shown and stated together with the regulations issued by the ,president1 that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this ,act4 7d7 ,office of ,personnel ,management 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,office of ,personnel ,management shall issue such regulations as may be necessary to implement this ,act with respect to employees described in section #b7i77;,e74 7#b7 ,consideration ,in prescribing the regulations1 the ,office shall take into consideration the enforcement and remedies provisions concerning the ,office under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code4 7#c7 ,modifications ,the regulations issued under paragraph 7#a7 to implement this ,act shall be the same as substantive regulations issued by the ,secretary to implement this ,act1 except to the extent that the ,office may determine1 for good cause shown and stated together with the regulations issued by the ,office1 that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this ,act4 7e7 ,librarian of ,congress 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,librarian of ,congress shall issue such regulations as may be necessary to implement this ,act with respect to employees of the ,library of ,congress4 7#b7 ,consideration ,in prescribing the regulations1 the ,librarian shall take into consideration the enforcement and remedies provisions concerning the ,librarian of ,congress under title ,i of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa et seq474 7#c7 ,modifications ,the regulations issued under paragraph 7#a7 to implement this ,act shall be the same as substantive regulations issued by the ,secretary to implement this ,act1 except to the extent that the ,librarian may determine1 for good cause shown and stated together with the regulations issued by the ,librarian1 that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this ,act4 7f7 ,comptroller ,general 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general shall issue such regulations as may be necessary to implement this ,act with respect to employees of the ,government ,accountability ,office4 7#b7 ,consideration ,in prescribing the regulations1 the ,comptroller ,general shall take into consideration the enforcement and remedies provisions concerning the ,comptroller ,general under title ,i of the ,family and ,medical ,leave ,act of #aiic4 7#c7 ,modifications ,the regulations issued under paragraph 7#a7 to implement this ,act shall be the same as substantive regulations issued by the ,secretary to implement this ,act1 except to the extent that the ,comptroller ,general may determine1 for good cause shown and stated together with the regulations issued by the ,comptroller ,general1 that a modification of such substantive regulations would be more effective for the implementation of the rights and protections under this ,act4 #i4 ,research1 education1 and technical assistance program and surveys 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 ,current population survey ,the ,secretary1 acting through the ,commissioner of the ,bureau of ,labor ,statistics1 and the ,director of the ,bureau of the ,census shall-- 7#a7 include in the ,current ,population ,survey questions on-- 7,a7 the amount of fluctuation in the number of hours the employee is scheduled to work on a daily1 weekly or monthly basis2 7,b7 the extent of advance notice an employee receives of the employee's work schedule2 and 7,c7 the extent to which an employee has input in the employee's work schedule2 and 7#b7 conduct at regular intervals the ,contingent ,worker ,supplement1 the ,work ,schedules and ,work at ,home ,supplement1 and other relevant supplements 7as determined by the ,secretary71 to the ,current ,population ,survey4 #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 7a7 ,in general ,nothing in this ,act shall be construed as superseding1 or creating or imposing any requirement in conflict with1 any ,federal1 ,state1 or local regulation or other law 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 the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 and title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq4774 7b7 ,relationship to collective bargaining rights ,nothing in this ,act shall be construed to diminish or impair the rights of an employee under any valid collective bargaining agreement4