,,ii #aafth ,,congress #b;d ,session ,s4 #cdia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ab1 #bjbj,ms4 ,smith 7for herself1 ,mrs4 ,gillibrand1 ,mr4 ,bennet1 ,mr4 ,van ,hollen1 ,mrs4 ,feinstein1 ,mr4 ,casey1 ,mr4 ,kaine1 ,mr4 ,sanders1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit adverse employment actions against quarantined or isolated individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,job ,protection for ,quarantined ,individuals ,act of #bjbj4 #b4 ,prohibition on adverse employment actions against quarantined or isolated individuals 7a7 ,in general ,an employer shall not discharge1 discipline1 threaten1 or penalize an employee of the employer1 or otherwise discriminate in the work terms1 conditions1 location1 or privileges of the employee1 because the employee-- 7#a7 has been1 or is1 in isolation or quarantine2 or 7#b7 has responsibility for the care of a family member in isolation or quarantine1 regardless of whether such employee has assumed responsibility for all or a portion of such care voluntarily1 by contract1 or by agreement4 7b7 ,enforcement authority 7#a7 ,investigative authority 7,a7 ,in general ,to ensure compliance with the provisions of subsection 7a7 or any order issued under this section1 the ,secretary shall have the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a771 with respect to employers1 employees1 and other individuals affected4 7,b7 ,subpoena authority ,for the purposes of any investigation provided for in this paragraph1 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 7#b7 ,civil action by employees or individuals 7,a7 ,right of action ,an action to recover the damages or equitable relief prescribed in subparagraph 7,b7 may be maintained against any employer in any ,federal or ,state court of competent jurisdiction by one or more employees or individuals or their representative for and on behalf of-- 7i7 the employees or individuals2 or 7ii7 the employees or individuals and others similarly situated4 7,b7 ,liability ,any employer who violates subsection 7a7 shall be liable to any employee or individual affected-- 7i7 for damages equal to-- 7,i7 the amount of-- 7aa7 any wages1 salary1 employment benefits1 or other compensation denied or lost by reason of the violation2 or 7bb7 in a case in which wages1 salary1 employment benefits1 or other compensation have not been denied or lost1 any actual monetary losses sustained as a direct result of the violation2 7,,ii7 the interest on the amount described in subclause 7,i7 calculated at the prevailing rate2 and 7,,iii7 an additional amount as liquidated damages2 and 7ii7 for such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,c7 ,fees and costs ,the court in an action under this paragraph 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#c7 ,action by the ,secretary 7,a7 ,administrative action ,the ,secretary shall receive1 investigate1 and attempt to resolve complaints of violations of subsection 7a7 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 #bjg74 7,b7 ,civil action ,the ,secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph 7#b77;,b77i74 7,c7 ,sums recovered ,any sums recovered by the ,secretary pursuant to subparagraph 7,b7 shall be held in a special deposit account and shall be paid1 on order of the ,secretary1 directly to each employee or individual affected4 ,any such sums not paid to an employee or individual affected because of inability to do so within a period of #c years shall be deposited into the ,treasury of the ,united ,states as miscellaneous receipts4 7#d7 ,limitation 7,a7 ,in general ,an action may be brought under paragraph 7#b71 7#c71 or 7#e7 not later than #b years after the date of the last event constituting the alleged violation for which the action is brought4 7,b7 ,commencement ,in determining when an action is commenced under paragraph 7#b71 7#c71 or 7#e7 for the purposes of this paragraph1 it shall be considered to be commenced on the date when the complaint is filed4 7#e7 ,action for injunction by ,secretary ,the district courts of the ,united ,states shall have jurisdiction1 for cause shown1 in an action brought by the ,secretary-- 7,a7 to restrain violations of subsection 7a71 including the restraint of any withholding of payment of wages1 salary1 employment benefits1 or other compensation1 plus interest1 found by the court to be due to employees under this section2 or 7,b7 to award such other equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7#f7 ,solicitor of ,labor ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under paragraph 7#c7 or 7#e74 7c7 ,definitions ,in this section3 7#a7 ,,fmla definitions ,the terms parent1 son or daughter1 spouse1 and covered servicemember 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#b7 ,any other individual related by blood or affinity whose close association is the equivalent of a family relationship ,the term any other individual related by blood or affinity whose close association is the equivalent of a family relationship1 used with respect to an employee1 means any person with whom the employee has a significant personal bond that is or is like a family relationship1 regardless of biological or legal relationship4 7#c7 ,domestic partner ,the term domestic partner1 used with respect to an employee1 means-- 7,a7 the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a ,state or political subdivision of a ,state2 or 7,b7 in the case of an unmarried employee1 an unmarried adult person who is in a committed1 personal relationship with the employee1 is not a domestic partner as described in subparagraph 7,a7 to or in such a relationship with any other person1 and who is designated to the employer by such employee as that employee's domestic partner4 7#d7 ,employer ,the term employer means a person engaged in an industry affecting commerce4 7#e7 ,family member ,the term family member means-- 7,a7 a spouse or domestic partner1 son or daughter1 son-in-law1 daughter-in-law1 parent1 parent-in-law1 grandparent1 grandchild1 sibling1 uncle or aunt1 or nephew or niece2 or 7,b7 the next of kin of a covered servicemember1 or any other individual related by blood or affinity whose close association is the equivalent of a family relationship with the covered servicemember4 7#f7 ,grandchild ,the term grandchild means the son or daughter of an employee's son or daughter4 7#g7 ,grandparent ,the term grandparent means a parent of a parent of an employee4 7#h7 ,isolation or quarantine ,the term isolation or quarantine1 with respect to an individual1 means isolation or quarantine because of-- 7,a7 a quarantine order under section #cfa of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfd72 7,b7 an order or directive of a ,state1 local1 or ,tribal government2 7,c7 an order of a ,federal1 ,state1 or ,tribal court2 7,d7 a written recommendation of a ,state1 local1 or ,tribal official that the individual enter isolation or quarantine2 or 7,e7 voluntary health monitoring1 which occurs when an individual does not have symptoms but is believed to have been exposed to someone who is sick based on guidance issued by the ,centers for ,disease ,control and ,prevention or the applicable ,state1 local1 or ,tribal health department4 7#i7 ,nephew2 niece ,the terms nephew and niece1 used with respect to an employee1 mean a son or daughter of the employee's sibling4 7#aj7 ,parent-in-law ,the term parent-in-law means a parent of the spouse or domestic partner of an employee4 7#aa7 ,sibling ,the term sibling means any person who is a son or daughter of an employee's parent 7other than the employee74 7#ab7 ,son-in-law2 daughter-in-law ,the terms son-in-law and daughter-in-law1 used with respect to an employee1 mean any person who is a spouse or domestic partner of a son or daughter1 as the case may be1 of the employee4 7#ac7 ,uncle2 aunt ,the terms uncle and aunt1 used with respect to an employee1 mean the son or daughter1 as the case may be1 of the employee's grandparent 7other than the employee's parent74 7d7 ,rule of construction ,nothing in this section shall be construed to alter the sick leave or sick pay terms of any employment relationship or require payment of wages for hours not worked4