,i #aafth ,,congress #ast ,session ,h4 ,r4 #ejgc ,,in ,,the ,,house ,,of ,,representatives ,november #ac1 #bjai,ms4 ,ocasio-,cortez 7for herself1 ,ms4 ,meng1 ,ms4 ,garcia of ,texas1 ,ms4 ,tlaib1 ,mrs4 ,napolitano1 ,mr4 ,garca of ,illinois1 and ,ms4 ,lee of ,california7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform1 and in addition to the ,committee on ,education and ,labor1 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 a score of worker-friendliness of each employer before entering into a ,federal contract1 to establish a contracting preference for such score1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,a ,just ,society3 ,the ,uplift ,our ,workers ,act4 #b4 ,worker-friendliness scores for ,federal contracts 7a7 ,scores required ,with respect to any contract or subcontract 7at any tier7 entered into on or after the date on which the method for a score is developed pursuant to subsection 7b71 the head of the executive agency shall-- 7#a7 ensure that contracting officers consider the score approximately equal in importance or significantly more important than cost or price 7as described in section #ccjf of title #da1 ,united ,states ,code72 and 7#b7 ensure that an offeror for a prime contract does not subcontract with any entity that violates the labor laws and executive orders listed in subsection 7b74 7b7 ,components of score ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,labor1 in coordination with the ,director of the ,office of ,management and ,budget1 shall-- 7#a7 develop a method to assess and provide a score with respect to the worker-friendliness of each prospective contractor or subcontractor 7at any tier7 that is an employer that submits a bid for a ,federal contract before entering into the contract which takes into account-- 7,a7 whether the employer is in compliance with the applicable labor laws and executive orders listed in subsection 7c71 including whether the employer has been subject to any administrative or civil judgments or arbitral decisions for any violations of such laws or orders2 7,b7 whether the employer guarantees that the maximum amount of work that may be performed under the contract by full-time workers will be performed by such workers by working #dj hours per work week2 7,c7 whether the employer provides paid overtime for any work that exceeds #dj hours per work week2 7,d7 whether employers are paid at least #ae an hour1 and wages are otherwise reflective of the prevailing wage2 7,e7 whether the employer has a policy of providing employees with guaranteed predictive scheduling1 the quality of which shall be assessed by determining-- 7i7 whether the policy is crafted for the purpose of ending unstable scheduling and allows workers to effectively provide for their families financially and emotionally2 7ii7 whether an employer has clear consistent processes in place to provide all employees with a good faith written estimate of 7#a7 how many shifts an employee is scheduled to work per month1 7#b7 the days and hours these shifts will occur1 and 7#c7 whether the employee will be expected to work on-call shifts2 7iii7 whether an employer provides employees with their final schedules not less than two weeks in advance1 including whether such final schedules are written and posted in the workplace1 or posted on an electronic portal easily accessed by all employees2 7iv7 whether an employer reports changes to an employee's schedule within a reasonable amount of time and compensates employees when the employer cancels or alters shifts2 7v7 whether an employer limits 8on call0 scheduling practices and provides reasonable compensation1 in addition to regular pay1 to employees that are given less than #bd hours notice before the start of a scheduled work shift2 7vi7 whether an employer reasonably compensates each employee who reports to work anticipating that the employee will work a certain number of hours 7determined by the employer7 but is sent home by the employer before such hours are complete2 7vii7 whether an employer guarantees a reasonable rest period when employees work consecutive shifts2 7viii7 whether an employer consistently offers any 8extra0 hours or shifts to existing employees before hiring new employees1 using a temp agency1 or using contractors or subcontractors2 7ix7 whether an employer maintains and utilizes an easily accessible and universally available voluntary standby list of current employees willing to work additional hours due to unanticipated need or unexpected absence2 7x7 whether an employee avoids consistent or systematic under-scheduling which would result in employees consistently working significantly more hours than written in work schedule2 7xi7 whether an employer allows employees to request not to be scheduled for work shifts during certain times or at certain locations1 and to identify preferences for the hours or locations of work2 and 7xii7 whether an employer guarantees its employees will not be subject to informal or formal retaliation 7such a demotion1 reduction in hours1 harassment1 or termination7 for requesting predictable schedules2 7,f7 whether the employer has a policy of guaranteeing access to paid sick leave1 the quality of which shall be assessed by determining-- 7i7 whether an employer guarantees a minimum of #ef hours paid sick leave annually for all employees2 7ii7 in the case of an employer with #aj or more employees1 whether the employer guarantees more than #ef hours of paid sick leave annually for all employees2 7iii7 whether this paid sick leave is distinct from time accrued as part of a paid time off policy2 7iv7 whether an employer provides leave as an upfront allocation at the start of employment and the start of subsequent year of employment as opposed to requiring that employees accrue paid sick leave2 7v7 whether an employer allows paid sick leave to be used by its employees to recover from illness1 injury1 medical condition as well as to seek medical diagnosis1 preventive care1 and other medical reasons2 7vi7 whether an employer allows this paid sick leave to also be used to aid1 care for1 or attend medical appointments with an employee's family 7including the employee's child1 parent1 legal guardian or ward1 sibling1 grandparent1 grandchild1 spouse1 registered domestic partner under any ,state or local law1 or other person reasonably designated as family72 7vii7 whether an employer ensures that any verification requirements or policy around use of paid sick leave is reasonable and in no way onerous2 and 7viii7 whether an employer allows employees to use paid sick leave to recover from or seek assistance in the aftermath of domestic violence1 sexual assault1 sexual violence1 or stalking2 7,g7 whether the employer has a policy of providing employees access with paid parental and family leave1 the quality of which shall be assessed by determining-- 7i7 whether an employer guarantees #ab weeks or more paid family or parental leave annually after birth of a child1 adoption of a child1 foster placement1 or serious illness of the employee or the employee's family member serious illness 7as defined in section #aja of the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfaa772 7ii7 whether an employer provides leave as an upfront allocation at the start of employment as opposed to requiring that employees accrue or earn paid family leave2 7iii7 whether an employer guarantees such leave for both full-time and part-time employees2 7iv7 whether an employer guarantees full or significant wage replacement during the course of this leave2 7v7 whether an employer guarantees a high weekly benefit cap or no such cap2 7vi7 whether the employer's paid family leave policy include job protection for all employees2 7vii7 whether such leave may be used when an employee's child1 parent1 legal guardian or ward1 sibling1 grandparent1 grandchild1 spouse1 registered domestic partner under any ,state or local law1 or other person reasonably designated as family is deployed abroad on active military service2 and 7viii7 whether such policy allows for flexible hours once an employee returns to work following paid family and medical leave2 7,h7 whether the employer has a policy to employ individuals who are represented by a labor organization that has entered into a collective bargaining agreement on the behalf of such individuals1 the quality of which shall be assessed by determining-- 7i7 whether an employer has policies guaranteeing the employees' right to be represented by a labor organization and has committed to engage in timely good faith negotiations with the such labor organization2 7ii7 whether an employer has policies that recognize labor organizations formed as a result of an election or use of authorization cards2 7iii7 whether an employer has policies guaranteeing its employees right to strike2 and 7iv7 whether an employer has policies guaranteeing that an employee will not be subject to informal or formal retaliation 7such a demotion1 reduction in hour1 harassment1 or termination7 for joining or attempting to be represented by a labor organization2 7,i7 whether the employer provides high-quality healthcare that is subsidized by the employer2 7,j7 whether the employees have an opportunity to form a worker or employment cooperative2 7,k7 whether the employer has policies in places to proactively manage the ethical1 social1 and environmental risks in the supply chain2 and 7,l7 any other relevant requirements as determined by the ,secretary and the ,director2 7#b7 provide the head of each executive agency with recommendations on how to evaluate such a score in making contracting decisions1 and ensure that such recommendations will result in a preference for an employer that has higher scores with respect to worker-friendliness2 7#c7 identify best practices for the implementation of the scoring process described in paragraph 7#a71 including best practices to-- 7,a7 ensure that contracting officers consider this score approximately equal in importance or significantly more important than cost or price 7as described in section #ccjf of title #da1 ,united ,states ,code72 and 7,b7 ensure that an offeror for a prime contract does not subcontract with any entity that violates the labor laws and executive orders listed in subsection 7c72 7#d7 maintain such scores in a database that is publicly accessible1 which may be an existing database or a new database developed and maintained by the ,secretary of ,labor2 7#e7 create a process for an employer to appeal a score1 including by submitting additional data or requesting a new score due to changes to employee policy2 7#f7 review each score every #e years to ensure that such score is up-to-date2 and 7#g7 enable employers that are not ,federal contractors to request such a score for purposes of promoting worker-friendly policies4 7c7 ,labor laws and executive orders ,the laws and executive orders listed in this subsection are as follows3 7#a7 ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 7#b7 ,the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #feb et seq474 7#c7 ,the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja et seq474 7#d7 ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq474 7#e7 ,subchapter ,,iv of chapter #ca1 of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7#f7 ,chapter #fg of title #da1 ,united ,states ,code 7commonly referred to as the ,service ,contract ,act74 7#g7 ,executive ,order #aabdf of ,september #bd1 #aife 7,equal ,employment ,opportunity74 7#h7 ,section #ejc of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gic74 7#i7 ,the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq474 7#aj7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq474 7#aa7 ,the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7#ab7 ,the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq474 7#ac7 ,chapter #dc of title #ch1 ,united ,states ,code 7commonly known as the 8,uniformed ,services ,employment and ,reemployment ,rights ,act of #aiid074 7#ad7 ,executive ,order #acfeh dated ,february #ab1 #bjad4 7#ae7 ,state laws comparable to the laws and executive orders listed in paragraphs 7#a7 through 7#ad74 7d7 ,bi-,yearly report ,not later than #ab months after the date of enactment of this ,act and every #f months thereafter until the method described in section #b7;b77#a7 is developed1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 the status of developing the method described in section #b7;b77#a72 7#b7 the factors described in section #b7;b77#a7 being taken into account in providing a score and how each such factor is being weighted2 7#c7 the stakeholders consulted in developing the method described in section #b7;b77#a72 and 7#d7 how the ,secretary is meeting the requirements of the ,secretary under this section4 7e7 ,update of ,,far ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,acquisition ,regulation shall be amended to carry out this ,act4 7f7 ,definitions ,in this section3 7#a7 ,contract ,the term contract does not include a contract with the ,federal ,prison ,industries4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#c7 ,executive agency ,the term executive agency has the meaning given that term in section #acc of title #da1 ,united ,states ,code4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,labor4