,,ii #aaeth ,,congress #b;d ,session ,s4 #cfdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ae1 #bjah ,mr4 ,sanders introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to prohibit certain large business entities from purchasing the securities of those entities on national securities exchanges1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,welfare for ,any ,large ,monopoly ,amassing ,revenue from ,taxpayers ,act of #bjah4 #b4 ,prohibition 7a7 ,in general ,a large employer that commits a violation described in subsection 7b7 may not purchase a security of the large employer on a national securities exchange during the fiscal year in which the large employer commits that violation4 7b7 ,violations described ,a violation described in this subsection is1 with respect to a large employer1 any of the following3 7#a7 ,the large employer pays an employee of the large employer wages1 as such term is defined for purposes of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 except excluding any amount of cash tips received in the course of employment by an employee1 at a rate that is less than #ae per hour4 7#b7 ,the large employer interferes with1 restrains1 or denies the exercise of1 or the attempt to exercise1 any right provided under subsection 7c74 7#c7 ,the compensation ratio with respect to the large employer is in an amount that is more than #aej4 7c7 ,earned paid sick time 7#a7 ,earning of paid sick time ,a large employer-- 7,a7 shall provide each employee employed by the large employer not less than #a hour of earned paid sick time for every #cj hours worked2 and 7,b7 shall not be required to permit an employee to earn1 under this subsection1 more than #ef hours of paid sick time in a year1 unless the large employer chooses to set a higher limit4 7#b7 ,exempt employees 7,a7 ,in general ,except as provided in paragraph 7#c71 for purposes of this subsection1 an employee who is exempt from overtime requirements under section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a77 shall be assumed to work #dj hours in each workweek4 7,b7 ,shorter normal workweek ,if the normal workweek of an employee described in subparagraph 7,a7 is less than #dj hours1 the employee shall earn paid sick time based upon that normal workweek4 7#c7 ,dates for beginning to earn paid sick time and use 7,a7 ,in general ,an employee shall begin to earn paid sick time under this subsection at the commencement of the employment of the employee4 7,b7 ,use ,an employee-- 7i7 shall be entitled to use paid sick time that the employee has earned beginning on the #fjth calendar day following commencement of the employment of the employee2 and 7ii7 after the #fjth calendar day described in clause 7i71 may use the paid sick time of the employee as the time is earned4 7,c7 ,discretion of employer ,a large employer may1 at the discretion of the large employer-- 7i7 loan paid sick time to an employee for use by such employee in advance of the employee earning such sick time as provided in this subsection2 and 7ii7 permit the use of paid sick time by an employee before the #fjth day of employment of the employee4 7#d7 ,carryover 7,a7 ,in general ,except as provided in subparagraph 7,b71 paid sick time earned under this subsection shall carry over from one year to the next4 7,b7 ,construction ,this subsection shall not be construed to require a large employer to permit an employee to earn more than #ef hours of earned paid sick time at a given time4 7#e7 ,large employers with existing policies ,any large employer with a paid leave policy that makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions described in section #c7ac7 shall not be required to permit an employee to earn additional paid sick time under this subsection4 7#f7 ,construction ,nothing in this subsection shall be construed as requiring financial or other reimbursement to an employee from a large employer upon the employee's termination1 resignation1 retirement1 or other separation from employment for earned paid sick time that has not been used4 7#g7 ,reinstatement ,if an employee is separated from employment with a large employer and1 not later than #a year after the date on which the employee is separated1 is rehired by the same large employer-- 7,a7 the large employer shall reinstate the previously earned paid sick time of the employee2 and 7,b7 the employee shall be entitled to use the earned paid sick time and earn additional paid sick time at the recommencement of employment with the large employer4 7#h7 ,prohibition ,a large employer may not require1 as a condition of providing paid sick time under this subsection1 that the employee involved search for or find a replacement employee to cover the hours during which the employee is using paid sick time4 7d7 ,enforcement 7#a7 ,in general ,with respect to a large employer that makes a purchase that violates subsection 7a7-- 7,a7 the ,commission may impose a civil penalty on the large employer in an amount that is equal to the amount paid by the large employer to make that purchase2 and 7,b7 an individual who is an executive officer of the large employer on the date on which that purchase is made may not serve as an executive officer of the large employer1 any successor of the large employer1 or any affiliate of the large employer-- 7i7 if the purchase is the first instance in which the large employer has violated subsection 7a71 during the #a-year period beginning on the date on which that purchase is made2 and 7ii7 if the purchase is not the first instance in which the large employer has violated subsection 7a71 at any time after the date on which that purchase is made4 7#b7 ,regulations ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall promulgate regulations that instruct national securities exchanges and large employers regarding how those entities shall comply with the requirements of this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,affiliate ,the term affiliate means1 with respect to a large employer-- 7,a7 any incorporated or unincorporated business association or trust that controls the large employer2 7,b7 any incorporated or unincorporated business association or trust that is controlled by an entity described in subparagraph 7,a72 and 7,c7 any incorporated or unincorporated business association or trust that is controlled by the large employer4 7#b7 ,child ,the term child means a biological1 foster1 or adopted child1 a stepchild1 a child of a domestic partner1 a legal ward1 or a child of a person standing in loco parentis1 who is-- 7,a7 younger than #ah years of age2 or 7,b7 not younger than #ah years of age and incapable of self-care because of a mental or physical disability4 7#c7 ,commission ,the term ,commission means the ,securities and ,exchange ,commission4 7#d7 ,committed relationship ,the term committed relationship-- 7,a7 means a relationship between #b individuals1 each of whom is not younger than #ah years of age1 in which-- 7i7 each individual is the sole domestic partner of the other individual2 and 7ii7 both individuals share responsibility for a significant measure of each other's common welfare2 and 7,b7 includes any relationship described in subparagraph 7,a7 between #b individuals1 including individuals of the same sex1 that is granted legal recognition by a ,state1 or a political subdivision of a ,state1 as a marriage or analogous relationship1 including a civil union or domestic partnership4 7#e7 ,compensation ratio ,the term compensation ratio means1 with respect to a large employer in a fiscal year1 the quotient obtained by dividing1 for that fiscal year-- 7,a7 as submitted by the large employer under section #bbi4djb7;c7 of title #ag1 ,code of ,federal ,regulations1 or any successor regulation1 the greater of the compensation of-- 7i7 the chief executive officer of the large employer2 or 7ii7 the most highly compensated employee of the large employer2 by 7,b7 the median of all wages 7not including any amount of cash tips received in the course of employment by an employee71 paid to all employees of the large employer who are employed in the ,united ,states4 7#f7 ,dating violence ,the term dating violence has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#g7 ,domestic partner ,the term domestic partner means1 with respect to an individual1 another individual with whom the individual is in a committed relationship4 7#h7 ,domestic violence ,the term domestic violence-- 7,a7 has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a771 except that the reference in that section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located2 and 7,b7 includes dating violence4 7#i7 ,employee ,the term employee means-- 7,a7 any full-time or part-time employee2 7,b7 any individual who is a full-time or part-time independent contractor 7including any employee of that independent contractor7 and provides services to an employer1 unless-- 7i7 the individual is free from control and direction in connection with the performance of the service1 both under the contract for the performance of service and in fact2 7ii7 the service is performed outside the usual course of the business of the employer2 and 7iii7 the individual is customarily engaged in an independently established trade1 occupation1 profession1 or business of the same nature as that involved in the service performed2 and 7,c7 any individual who is a full-time or part-time joint employee1 provided that the employer possesses1 reserves1 or exercises sufficient direct or indirect control over the essential terms and conditions of employment of the employee4 7#aj7 ,executive officer ,the term executive officer1 with respect to a large employer-- 7,a7 means any individual who participates1 or has authority to participate 7other than in the capacity of a director71 in major policymaking functions of the large employer1 without regard to whether-- 7i7 the individual has an official title2 or 7ii7 the individual receives a salary or other compensation2 and 7,b7 includes the chairman of the board of directors of the large employer1 the president of the large employer1 each vice president of the large employer1 and the chief financial officer of the large employer1 unless-- 7i7 a resolution of the board of directors of the large employer or the bylaws of the large employer explicitly exclude that individual from participation 7other than in the capacity of a director7 in major policymaking functions of the large employer2 and 7ii7 the individual does not participate in major policymaking functions of the large employer4 7#aa7 ,large employer 7,a7 ,in general ,the term large employer means1 with respect to a fiscal year1 an employer that-- 7i7 employed an average of not fewer than #ejj employees on business days during the preceding fiscal year2 and 7ii7 is subject to part #bbi of title #ag1 ,code of ,federal ,regulations1 or any successor regulations1 for that fiscal year4 7,b7 ,rules for determining employer size ,for purposes of this paragraph3 7i7 ,application of aggregation rule for employers ,all persons treated as a single employer under subsection 7b71 7c71 7m71 or 7o7 of section #dad of the ,internal ,revenue ,code of #aihf shall be treated as #a employer4 7ii7 ,employers not in existence in preceding year ,in the case of an employer that was not in existence throughout the preceding fiscal year1 the determination of whether the employer is a large employer shall be based on the average number of employees that the employer is reasonably expected to employ on business days in the current fiscal year4 7iii7 ,predecessors ,any reference in this paragraph to an employer shall include a reference to any predecessor of the employer4 7#ab7 ,national securities exchange ,the term national securities exchange means an exchange that is registered as a national securities exchange under section #f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;f74 7#ac7 ,paid sick time ,the term paid sick time means an increment of compensated leave that can be earned by an employee for use during an absence from employment for an absence resulting from-- 7,a7 a physical or mental illness1 injury1 or medical condition of the employee or a related person with respect to the employee2 7,b7 obtaining professional medical diagnosis or care1 or preventive medical care1 for the employee or a related person with respect to the employee2 7,c7 caring for-- 7i7 a related person with respect to the employee1 who has any of the conditions or needs for diagnosis or care described in subparagraph 7,a7 or 7,b72 7ii7 a child1 in a situation in which the employee is required to attend-- 7,i7 a school meeting2 or 7,,ii7 a meeting at a place where the child is receiving care necessitated by the health condition or disability of the child2 or 7iii7 a related person with respect to the employee1 who is otherwise in need of care2 or 7,d7 domestic violence1 sexual assault1 or stalking1 if the time is to-- 7i7 seek medical attention for the employee1 or a related person with respect to the employee1 to recover from physical or psychological injury or disability caused by domestic violence1 sexual assault1 or stalking2 7ii7 obtain or assist a related person with respect to the employee in obtaining services from a victim services organization2 7iii7 obtain or assist a related person with respect to the employee in obtaining psychological or other counseling2 7iv7 seek relocation2 or 7v7 take legal action1 including preparing for or participating in any civil or criminal legal proceeding relating to or resulting from domestic violence1 sexual assault1 or stalking4 7#ad7 ,parent ,the term parent means a biological1 foster1 or adoptive parent of an employee1 a stepparent1 parent-in-law1 or parent of a domestic partner1 of an employee1 or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child4 7#ae7 ,related person ,the term related person means1 with respect to an employee-- 7,a7 a child of the employee2 7,b7 a parent of the employee2 7,c7 a spouse of the employee2 7,d7 a domestic partner of the employee2 or 7,e7 any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship4 7#af7 ,security ,the term security has the meaning given the term in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#ag7 ,sexual assault2 stalking ,the terms sexual assault and stalking have the meanings given the terms in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#ah7 ,spouse ,the term spouse1 with respect to an employee1 has the meaning given the term by the marriage laws of the ,state in which the marriage was celebrated4 7#ai7 ,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#bj7 ,successor ,the term successor means1 with respect to a person or other incorporated or unincorporated business association or trust 7referred to in this paragraph as a covered person71 any person1 business association1 or trust that acquires1 through merger1 acquisition1 or other means1 not less than #be percent of the assets of that covered person4 7#ba7 ,victim services organization ,the term victim services organization-- 7,a7 means a nonprofit1 nongovernmental organization that-- 7i7 provides assistance to a victim of domestic violence1 sexual assault1 or stalking2 or 7ii7 advocates for a victim described in clause 7i72 and 7,b7 includes-- 7i7 a rape crisis center2 7ii7 an organization carrying out a domestic violence1 sexual assault1 or stalking prevention or treatment program2 7iii7 an organization operating a shelter or providing counseling services2 and 7iv7 a legal services organization or other organization providing assistance through the legal process4