,,ii #aaith ,,congress #ast ,session ,s4 #ceej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ag1 #bjbe,ms4 ,warren 7for herself1 ,mr4 ,blumenthal1 ,mr4 ,van ,hollen1 ,ms4 ,baldwin1 ,mr4 ,durbin1 ,mr4 ,reed1 ,mr4 ,booker1 ,mr4 ,markey1 ,mr4 ,sanders1 ,mr4 ,whitehouse1 ,mr4 ,murphy1 ,ms4 ,klobuchar1 ,ms4 ,duckworth1 ,mr4 ,welch1 ,mr4 ,schumer1 ,ms4 ,hirono1 ,mr4 ,merkley1 ,mr4 ,wyden1 ,mrs4 ,murray1 ,mr4 ,padilla1 and ,mr4 ,fetterman7 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 ,in families with children1 #de percent of mothers are primary breadwinners and #be percent are co-breadwinners4 7#b7 ,despite the dual responsibilities of today's workforce1 many workers have little notice of their work schedules and lack the ability to make changes to the work hours in such schedules1 which undermines their ability to accommodate family responsibilities4 7#c7 7,a7 ,mothers working in low-paid jobs are more likely to be the primary or sole breadwinner for their families than mothers working in higher-paid jobs4 ,for example1 almost #ij percent mothers in the #a_/e of households in the ,united ,states with the lowest incomes bring home all or most of their families' income1 which is almost #c times higher when compared to counterparts in the highest-income quintile4 7,b7 ,at the same time1 low-paid workers often have the least control over their work hours and face the most unpredictable schedules4 ,in some industries1 just-in-time scheduling practices1 which base workers' schedules on perceived consumer demand to minimize labor costs1 are particularly common4 ,employers using these practices often post work schedules with little notice1 vary work hours widely from week to week1 cancel shifts at the last minute1 and schedule employees for on call shifts 7requiring an employee to call in to work to find out whether the employee will have to work later that day7 or clopening shifts 7requiring an employee to work a closing shift at night followed by an opening shift a few hours later74 ,for example1 national survey data show that-- 7i7 about #b_/c of hourly retail and food service workers receive their work schedules with less than #b weeks' advance notice and about #a_/c receive their schedule with less than #a week's notice2 7ii7 more than #a in #e hourly retail and food service workers have been scheduled for on-call shifts1 and more than #a in #c have worked clopening shifts2 and 7iii7 #fe percent of hourly retail and food service workers would like a more stable and predictable schedule4 7#d7 ,unfair work scheduling practices make it difficult for low-paid 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 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 subsidies1 ,medicaid1 and benefits under the supplemental nutrition assistance program1 due to fluctuations in income and work hours4 7#e7 ,a growing body of research demonstrates that unstable and unpredictable work schedules have significant detrimental impacts on sleep quality1 mental health1 and happiness1 and are associated with unstable child care arrangements and negative health and behavioral outcomes for children4 ,and impacts are likely to be the most severe for workers of color and their families1 as workers of color are more likely than their ,white counterparts--even compared to ,white coworkers at the same company--to experience unstable work schedules4 ,unstable and unpredictable work schedules are also associated with higher rates of turnover1 which creates further instability for employers and workers4 ,some examples of the detrimental impacts of unstable and unpredictable work schedules are as follows3 7,a7 ,unstable work schedules lead to more household economic strain and time conflicts and undermine the well-being of parents1 all of which can negatively impact children's health and behavior4 7,b7 ,workers with the most severe instability in their work schedules also face the highest risk of negative behavior and health outcomes for their children4 7,c7 ,the exposure of a parent to on-call shifts and last-minute shift changes are associated with more unstable child care arrangements and with the use of siblings to provide care4 7,d7 ,work schedule instability causes more work-family conflict1 which increases the chance that a worker will be forced to leave his or her job1 and is associated with downward mobility of the earnings of the worker4 7,e7 7i7 ,relative to ,white workers1 workers of color are more likely to-- 7,i7 have cancelled shifts2 7,,ii7 have on-call shifts2 7,,iii7 be involuntary part-time workers2 7,,iv7 have trouble getting time off2 and 7,v7 work clopening shifts1 as described in paragraph 7#c77;,b74 7ii7 ,the statistics described in clause 7i7 remain true after controlling for demographics1 human capital1 worker power1 firm segregation1 and discordance with the race or ethnicity of the worker and the manager4 ,race gaps in job quality are greater for women of color4 7,f7 ,workers who receive shorter advance notice1 who work on-call shifts1 who experience last-minute shift cancellation and timing changes1 or who have more volatile work hours are more likely to experience hunger1 housing insecurity1 and greater overall economic hardship4 7#f7 ,unpredictable and unstable work schedules are common in a wide range of occupations1 with evidence of particular concentration in food service1 retail1 cleaning1 hospitality1 and warehouse occupations4 ,these occupations are critically important to the ,united ,states economy4 7#g7 ,since #bjae1 ten municipalities in the ,united ,states and the ,state of ,oregon have enacted laws requiring employers to implement fair scheduling practices4 ,research from #c municipalities affirms that workers in jobs covered by these laws report significantly better outcomes than their peers in uncovered positions1 including more predictable schedules and compensation for employer-driven schedule changes4 ,survey research also indicates that covered workers experience improvements in well-being and financial security4 7#h7 ,scheduling practices that benefit employees can benefit employers1 too4 ,relative to their peers with lower-quality schedules1 workers with more input1 stability1 and predictability in their work hours report greater job satisfaction and less work family-conflict1 which can also improve productivity and reduce turnover4 ,for example1 a randomized experiment demonstrated that improving schedule stability and predictability for hourly employees at ,gap ,inc4 stores increased store productivity and sales4 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 ,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 7or1 as applicable1 the corresponding administrative officer specified in section #g7;e774 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;d771 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 means1 regardless of age1 a biological1 adopted1 or foster child1 a stepchild1 a child of a domestic partner1 a legal ward1 or a child of a person standing in loco parentis to that child4 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#aj77;,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#aj77;,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#aj77;,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 ,covered sector employee ,the term covered sector employee means-- 7,a7 a nonexempt employee who is employed in a hospitality establishment1 in a warehouse establishment1 or 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 ,act7-- 7i7 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 gambling change persons and booth cashiers1 counter and rental clerks1 parts salespersons1 and retail salespersons2 7ii7 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 workers2 or 7iii7 cleaning occupations as described in #cg-bjaa1 #cg-bjab1 and #cg-bjai of such ,system1 which includes janitors and cleaners1 maids and housekeeping cleaners1 and building cleaning workers2 or 7,b7 a nonexempt employee who is employed in any occupation that is designated by the ,secretary under section #i7;a77#b77;,a7 as appropriate for coverage under section #d4 7#h7 ,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#i7 ,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#aj7 ,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 ,code 7without regard to the limitation in section #fcha7a77;,b7 of that title71 who is not covered under subparagraph 7,d72 7,f7 an employee of the ,library of ,congress2 or 7,g7 an employee of the ,government ,accountability ,office4 7#aa7 ,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#ab7 ,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#ac7 ,grandchild ,the term grandchild means the child of a child4 7#ad7 ,grandparent ,the term grandparent means the parent of a parent4 7#ae7 ,hospitality establishment ,the term hospitality establishment means a hotel1 motel1 inn1 or similar transient lodging establishment4 7#af7 ,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#ag7 ,nonexempt employee ,the term nonexempt employee means an employee who is not employed in a bona fide executive1 administrative1 or professional capacity1 as defined and delimited for purposes of section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a774 7#ah7 ,on-call shift ,the term on-call shift means any time during which an employer requires an employee to-- 7,a7 be available to work2 and 7,b7 contact the employer or the designee of the employer1 or wait to be contacted by the employer or designee1 to determine whether the employee is required to report to work at that time4 7#ai7 ,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#bj7 ,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#ba7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#bb7 ,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#bc7 ,sibling ,the term sibling means a brother or sister1 whether related by half blood1 whole blood1 or adoption or as a stepsibling4 7#bd7 ,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#be7 ,spouse ,the term spouse means a person with whom an individual entered into-- 7,a7 a marriage as defined or recognized under ,state law in the ,state in which the marriage was entered into2 or 7,b7 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#bf7 ,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#bg7 ,warehouse establishment ,the term warehouse establishment means any business that engages primarily in the storage of goods1 wares1 or commodities for hire or compensation1 and1 in connection with such storage1 may include the loading1 packing1 sorting1 stacking1 wrapping1 distribution1 or delivery of those goods1 wares1 or commodities4 7#bh7 ,work schedule ,the term work schedule means all of an employee's work shifts and on-call shifts1 including specific start and end times for each shift1 during a consecutive #g-;day period4 7#bi7 ,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#cj7 ,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 predictable1 or stable work schedule 7a7 ,right ,to request ,an employee may request from their employer a change in the terms and conditions of employment as they relate to factors including-- 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 requests 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 subject to subsections 7c7 and 7d71 either granting or denying the request2 and 7,b7 in the event of a denial-- 7i7 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 7ii7 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 serious health condition1 caregiving1 enrollment in education or training1 or another job ,if an employee makes a request for a change in the terms and conditions of employment as set forth in subsection 7a71 specifying that the request is because of the employee's serious health condition1 the employee's responsibilities as a caregiver1 the employee's enrollment in a career-related educational or training program1 or a reason related to another job of the employee1 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 #d4 ,requirements for advance notice of work schedules1 predictability pay1 and split shift pay for covered sector employees 7a7 ,advance notice requirement 7#a7 ,providing notice of work schedules 7,a7 ,in general ,an employer shall provide a covered sector employee with the work schedule of the employee-- 7i7 not less than #ad days before the first day of such work schedule2 or 7ii7 in the case of a new covered sector employee on or before the first day of work of such employee4 7,b7 ,compensation for failure to provide notice of work schedule ,an employer that violates subparagraph 7,a7 shall compensate each affected employee in the amount of #ge per day that a work schedule is not provided in violation of such subparagraph4 7,c7 ,work schedule change ,an employer may make a work schedule change for the work schedule of a covered sector employee provided in accordance with subparagraph 7,a7 if-- 7i7 such work schedule change is made not less than #ad days prior to the first day on which the change is to take effect2 or 7ii7 the employer provides predictability pay for such change in accordance with subsection 7b74 7,d7 ,minimum expected work hours 7i7 ,in general ,an employer shall inform a covered sector employee of an estimate of the minimum number of expected work hours the employee will be assigned to work per month for the following #ab-month period-- 7,i7 in the case of a new covered sector employee1 on or before the first day of work of such employee2 or 7,,ii7 in the case of a covered sector employee who is employed by the employer on the date of enactment of this ,act1 not later than #ij days after such date4 7ii7 ,updating minimum expected work hours ,an employer shall1 not less than once each year1 provide each covered sector employee an updated estimate of the minimum number of expected work hours the employee will be assigned to work per month for the following #ab-month period4 ,such a revised estimate shall be provided not later than the earlier of 7as applicable7-- 7,i7 #a year after the date on which the estimate was provided under clause 7i7 or the most recent update of an estimate was provided under this clause2 or 7,,ii7 the day before the effective date of a significant change to the minimum expected work hours of the employee due to changes in the availability of the employee or to the business needs of the employer4 7#b7 ,notifications in writing ,the notifications required under subparagraphs 7,a7 and 7,d7 of paragraph 7#a7 shall be made to the employee involved in writing4 7#c7 ,schedule posting requirement 7,a7 ,in general ,an employer shall post a copy of the work schedule of each covered sector employee in a conspicuous place that is readily accessible and visible to all covered sector employees at the workplace4 ,posting by electronic means accessible to all covered sector employees shall be considered compliance with this subparagraph4 ,at the request of an employee1 the employer shall carry out the posting so that the identity of the employee is not readily identifiable from the schedules posted4 7,b7 ,right to decline ,a covered sector employee may decline1 without penalty1 to work any hours not included in the work schedule posted under subparagraph 7,a7 as work hours for the covered sector employee4 7,c7 ,consent ,except as described in subsection 7b77#b71 if a covered sector employee voluntarily consents to work any hours not posted under subparagraph 7,a71 such consent must be recorded in writing4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to prohibit an employer from-- 7,a7 providing greater advance notice of the work schedule of a covered sector employee than is required under this subsection2 or 7,b7 using any means1 in addition to the written means required under paragraph 7#b71 of notifying a covered sector employee of the work schedule of the employee4 7b7 ,predictability pay for work schedule changes made with less than #ad days' notice 7#a7 ,in general ,except as provided in paragraph 7#b71 for each work schedule change provided to a covered sector employee that occurs less than #ad days prior to the first day on which the change is to take effect1 the employer of the affected employee shall be required to provide the affected employee with pay 7referred to in this subsection as predictability pay7 at the following rates3 7,a7 ,the covered sector employee's regular rate of pay per hour that the employee works plus one additional hour at such regular rate per work schedule change if the employer-- 7i7 adds any hours to the hours the employee is scheduled to work under subsection 7a72 or 7ii7 changes the date1 time1 or location of the work shift the employee is scheduled to work under subsection 7a7 with no loss of hours4 7,b7 ,not less than #a_/b times the covered sector employee's regular rate of pay per hour for any hour that the employee is scheduled to work under subsection 7a7 and does not work due to the employer reducing or canceling such scheduled hours of work4 7#b7 ,exceptions to predictability pay ,an employer shall not be required to pay predictability pay under paragraph 7#a71 or to obtain written consent pursuant to subsection 7a77#c77;,c71 under any of the following circumstances3 7,a7 ,a covered sector employee requests a shift change in writing1 including through the use of sick leave1 vacation leave1 or any other leave policy offered by the employer4 7,b7 ,a schedule change is the result of a mutually agreed upon shift trade or coverage arrangement between covered sector employees1 subject to any policy of the employer regarding required conditions for employees to exchange shifts4 7,c7 ,the employer's operations cannot begin or continue due to-- 7i7 a threat to the property of an employee or the employer2 7ii7 the failure of a public utility or the shutdown of public transportation2 7iii7 a fire1 flood1 or other natural disaster2 7iv7 a state of emergency declared by the ,president of the ,united ,states or by the governor of the ,state1 or the mayor of the city1 in which the operations are located2 or 7v7 a severe weather condition that poses a threat to employee safety4 7c7 ,split shift pay requirement ,an employer shall pay a covered sector employee for #a additional hour at the employee's regular rate of pay for each day during which the employee works a split shift4 7d7 ,pay stub transparency ,any pay provided to an employee pursuant to subsection 7a71 7b71 or 7c7 7referred to in this subsection 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 7a71 the requirements of subsection 7b71 or the requirements of subsection 7c74 #e4 ,right to rest between work shifts 7a7 ,in general ,an employee of a covered employer may decline1 without penalty1 to work any work shift or on-call shift that is scheduled or otherwise occurs-- 7#a7 less than #aa hours after the end of the work shift or on-call shift for the previous day2 or 7#b7 during the #aa hours following the end of a work shift or on-call shift that spanned #b days4 7b7 ,consent 7#a7 ,in general ,an employee may consent to work a shift as described in subsection 7a71 if the covered employer obtains the employee's consent in writing4 ,such consent may be for each such shift or for multiple shifts4 7#b7 ,revocation ,an employee may revoke the consent provided under paragraph 7#a71 in writing1 at any time during the employment4 7c7 ,compensation ,for each instance that an employee of a covered employer works a shift described in subsection 7a71 the covered employer shall compensate the employee at #a4e times the employee's scheduled rate of pay for the hours worked that are less than #aa hours apart from the hours worked during the previous shift4 #f4 ,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 provided under section #c1 #d1 or #e4 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 request for a change in work schedule1 or because of an 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 #g4 ,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 #i4 7#c7 ,required submissions generally limited to an annual basis ,the ,secretary shall not require1 under the authority of this subsection1 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 7,a7 ,in general ,any employer who violates subsection 7a7 of section #f 7with respect to a right provided under section #c or #e or subsection 7a71 7b71 or 7c7 of section #d7 or subsection 7b7 or 7c7 of such section 7each such provision referred to in this section as a covered provision7 shall be liable to any employee affected for-- 7i7 damages equal to the amount of-- 7,i7 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 7,,ii7 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 7ii7 interest on the amount described in clause 7i7 calculated at the prevailing rate2 7iii7 except as described in subparagraph 7,b71 an additional amount as liquidated damages equal to the sum of the amount described in clause 7i7 and the interest described in clause 7ii72 and 7iv7 such equitable relief as may be appropriate1 including employment1 reinstatement1 and promotion4 7,b7 ,exception for liquidated damages ,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 waive such liquidated damages4 7#b7 ,right of action ,an action to recover the damages1 interest1 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 any 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#d7 in which a recovery is sought of the damages1 interest1 or equitable relief 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 7,a7 ,in general ,an employer who willfully and repeatedly violates-- 7i7 section #d or #e shall be subject to a civil penalty in an amount per violation that is not less than #ejj and not more than #a1jjj2 or 7ii7 subsection 7b7 or 7c7 of section #f shall be subject to a civil penalty in an amount per violation that is not less than #a1ajj and not more than #e1jjj4 7,b7 ,willfully and repeatedly ,for purposes of subparagraph 7,a73 7i7 ,repeatedly ,the term repeatedly1 with respect to a violation1 means #b or more such violations4 7ii7 ,willfully ,the term willfully1 with respect to a violation1 means such a violation for which1 based on all of the facts and circumstances surrounding the violation1 an employer-- 7,i7 knew that its conduct was prohibited by1 as applicable1 section #d or #e or subsection 7b7 or 7c7 of section #f2 or 7,,ii7 showed reckless disregard for the requirements of1 as applicable1 section #d or #e or subsection 7b7 or 7c7 of section #f4 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 clauses 7i7 through 7iii7 of subsection 7b77#a77;,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 #f1 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 or by an employee 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 #b7aj77;,c71 the authority of the ,secretary under this ,act shall be exercised by the ,board of ,directors of the ,office of ,congressional ,workplace ,rights4 7#b7 ,president2 merit systems protection board ,in the case of employees described in section #b7aj77;,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 #b7aj77;,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 #h4 ,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 7or1 as applicable1 the corresponding administrative officer specified in section #g7;e77 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 #i4 ,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 follow1 in accordance with subparagraph 7,b71 to identify and designate occupations in addition to retail1 food service1 cleaning1 hospitality1 or warehouse occupations that are appropriate for coverage under section #d4 7,b7 ,criteria ,the regulations under subparagraph 7,a7 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 regulations under subparagraph 7,a71 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 designating occupations4 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 ,congressional ,workplace ,rights shall issue such regulations as may be necessary to implement this ,act with respect to employees described in section #b7aj77;,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 ,office1 and applicable to rights and protections under the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja 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 ,act with respect to the employees described in section #b7aj77;,c74 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 #b7aj77;,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 ,act with respect to the employees described in section #b7aj77;,d74 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 #b7aj77;,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 ,act with respect to the employees described in section #b7aj77;,e74 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 ,act with respect to employees of the ,library of ,congress4 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 #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 ,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 ,act with respect to employees of the ,government ,accountability ,office4 #aj4 ,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 #c weeks or more advance notice of schedules1 providing employees with a minimum number of hours of work1 and using electronic workforce management systems 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 magnitude of fluctuation in the number of hours the employee is scheduled to work on a daily1 weekly1 or monthly basis2 7,b7 the extent of advance notice an employee receives of the employee's work schedule2 7,c7 the extent to which an employee has input in the employee's work schedule2 and 7,d7 the number of hours that an employee would prefer to work1 relative to the number of hours the employee is currently working2 and 7#b7 at regular intervals1 update and conduct 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 ,survey and the ,american ,time ,use ,survey4 #aa4 ,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 requirement1 policy1 or standard that provides for greater rights for employees than are required in this ,act4 #ab4 ,exemption ,this ,act shall not apply to any employee covered by a valid collective bargaining agreement if-- 7#a7 the terms of the collective bargaining agreement include terms that govern work scheduling practices2 and 7#b7 the provisions of this ,act are expressly waived in such collective bargaining agreement4 #ac4 ,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 #bfja 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 7including section #ab7 shall be construed to diminish or impair the rights of an employee under any valid collective bargaining agreement4