I 

116TH CONGRESS 

1ST SESSION H. R. 5004 

To permit employees to request changes to their work schedules without 

fear of retaliation and to ensure that employers consider these requests, 

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 employees, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 8, 2019 

Ms. DELAURO (for herself, Mr. LOWENTHAL, Mrs. NAPOLITANO, Mr. LEVIN

of Michigan, Mr. PASCRELL, Mrs. DINGELL, Ms. NORTON, Mr. POCAN, 

Mr. SERRANO, Mr. CICILLINE, Mr. AGUILAR, Mr. GRIJALVA, Ms. OMAR, 

Mr. KILDEE, Ms. ESHOO, Ms. LEE of California, Ms. SCHAKOWSKY, Mr. 

ESPAILLAT, Mr. HASTINGS, Mr. KHANNA, Mr. LARSON of Connecticut, 

Mr. RYAN, Mrs. TORRES of California, Mr. DANNY K. DAVIS of Illinois, 

Mrs. WATSON COLEMAN, Mr. SMITH of Washington, Mrs. CAROLYN B. 

MALONEY of New York, Mrs. BEATTY, Mr. DESAULNIER, Ms. BONAMICI, 

Ms. JAYAPAL, Miss RICE of New York, Mr. MCGOVERN, Mr. GARCI ́A of 

Illinois, Mr. PALLONE, Ms. MCCOLLUM, Mr. TONKO, Mr. KENNEDY, Mr. 

LANGEVIN, Ms. PINGREE, and Ms. ROYBAL-ALLARD) introduced the following bill; which was referred to the Committee on Education and 

Labor, and in addition to the Committees on House Administration, 

Oversight and Reform, and the Judiciary, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To permit employees to request changes to their work schedules without fear of retaliation and to ensure that employers consider these requests, and to require employers 

to provide more predictable and stable schedules for emVerDate Sep 11 2014 02:02 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5004.IH H5004

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ployees in certain occupations with evidence of unpredictable and unstable scheduling practices that negatively 

affect employees, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Schedules That Work Act’’. 

6 (b) FINDINGS.—Congress finds the following: 

7 (1) The vast majority of the United States 

8 workforce today is juggling responsibilities at home 

9 and at work. Women are primary breadwinners or 

10 co-breadwinners in 64 percent of families in the 

11 United States. 

12 (2) Despite the dual responsibilities of today’s 

13 workforce, both hourly and salaried workers often 

14 have little ability to make changes to their work 

15 schedules when those changes are needed to accom16 modate family responsibilities. 

17 (3)(A) Mothers working in low-wage jobs are 

18 more likely to be the primary or sole breadwinner for 

19 their families than mothers working in higher-wage 

20 jobs. For example, nearly 7 in 10 mothers in the 

21 one-fifth of households in the United States with the 

22 lowest incomes bring home all or most of their famiVerDate Sep 11 2014 02:02 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5004.IH H5004

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1 lies’ income, compared to less than one-third of their 

2 counterparts in the highest-income quintile. 

3 (B) At the same time, low-wage workers have 

4 the least control over their work schedules and the 

5 most unpredictable schedules. Across industries, 

6 more than half (55 percent) of low-paid hourly work7 ers report that they receive a week or less of notice 

8 of their work schedules, and nearly two-thirds (65 

9 percent) report that their employer controls the tim10 ing of their work hours. In some industries, ‘‘just11 in-time’’ scheduling practices, which base workers’ 

12 schedules on perceived consumer demand to mini13 mize labor costs, are particularly common. Employ14 ers using these practices often post work schedules 

15 with little notice, vary work hours widely from week 

16 to week, cancel shifts at the last minute, and sched17 ule employees for ‘‘on call’’ shifts (requiring an em18 ployee to call in to work to find out whether the em19 ployee will have to work later that day) or 

20 ‘‘clopening’’ shifts (requiring an employee to work a 

21 closing shift at night followed by an opening shift a 

22 few hours later). For example, surveys of nearly 

23 30,000 hourly workers employed by the 80 largest 

24 retail and food service chains in the United States 

25 show that— 


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1 (i) about two-thirds of hourly retail and 

2 food service workers receive their work sched3 ules with less than 2 weeks’ advance notice; 

4 (ii) more than one in 4 hourly retail and 

5 food service workers have been scheduled for 

6 on-call shifts, and half have worked ‘‘clopening’’ 

7 shifts; and 

8 (iii) only one in 5 hourly retail and food 

9 service workers report working a regular day10 time schedule. 

11 (4) Unfair work scheduling practices make it 

12 difficult for low-wage workers to— 

13 (A) provide necessary care for children and 

14 other family members, including securing and 

15 maintaining stable child care; 

16 (B) access and receive needed care for the 

17 workers’ own serious health conditions; 

18 (C) pursue workforce training; 

19 (D) get or keep a second job, which many 

20 workers need to make ends meet; 

21 (E) plan for and access transportation to 

22 reach worksites; and 

23 (F) qualify for and maintain eligibility for 

24 needed public benefits and work supports, such 

25 as child care subsidies and benefits under the 


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1 supplemental nutrition assistance program, due 

2 to fluctuations in income and work hours. 

3 (5) A growing body of research demonstrates 

4 that unstable and unpredictable work schedules have 

5 significant detrimental impacts on sleep quality, 

6 mental health, and happiness, and are associated 

7 with unstable child care arrangements and negative 

8 health and behavioral outcomes for children. These 

9 work schedules—and the work-family conflict they 

10 produce—are also associated with higher rates of 

11 turnover, which creates further instability for em12 ployers and workers. Workers of color are also more 

13 likely than their White counterparts, even compared 

14 to White coworkers at the same company, to experi15 ence unstable work schedules. For example: 

16 (A) Unstable work schedules lead to more 

17 household economic strain and time conflicts, 

18 and hurt the well-being of parents. While 

19 household economic strain, time conflicts, and 

20 the well-being of parents may all negatively im21 pact the health and behavior of a child, a par22 ent’s well-being is the most significant factor in 

23 determining the behavior and health outcomes 

24 of a child. The more severe the work schedule 


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1 instability, the worse the child’s behavior and 

2 health outcomes. 

3 (B) The exposure of a parent to on-call 

4 shifts and last-minute shift changes are associ5 ated with more unstable child care arrange6 ments and with the use of siblings to provide 

7 care. 

8 (C) Work schedule instability causes more 

9 work-family conflict, which increases the chance 

10 that a worker will be forced to leave his or her 

11 job. This turnover is associated with downward 

12 mobility of the worker’s earnings. 

13 (D)(i) Relative to White workers, workers 

14 of color are more likely to— 

15 (I) have cancelled shifts; 

16 (II) have on-call shifts; 

17 (III) be involuntary part-time work18 ers; 

19 (IV) have trouble getting time off; 

20 and 

21 (V) work ‘‘clopening’’ shifts, as de22 scribed in paragraph (3)(B). 

23 (ii) The statistics described in clause (i) re24 main true after controlling for demographics, 

25 human capital, worker power, firm segregation, 


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1 and discordance with the race or ethnicity of 

2 the worker and the manager. Race gaps in job 

3 quality are greater for women of color. 

4 (E) Workers who receive shorter advanced 

5 notice, those who work on-call shifts, those who 

6 experience last minute shift cancellation and 

7 timing changes, and those with more volatile 

8 work hours are more likely to experience hun9 ger, residential hardships, and more overall eco10 nomic hardship. 

11 (6) Unpredictable and unstable work schedules 

12 are common in a wide range of occupations, with 

13 evidence of particular concentration in food service, 

14 retail, cleaning, hospitality, and warehouse occupa15 tions. These occupations are critically important to 

16 the United States economy. 

17 (7) Employers that have implemented fair work 

18 scheduling policies that allow workers to have more 

19 control over their work schedules, and provide more 

20 predictable and stable schedules, have experienced 

21 significant benefits, including reductions in absentee22 ism and workforce turnover, and increased worker 

23 morale and engagement. For example, when Gap 

24 Inc. piloted strategies to make work schedules more 

25 stable and predictable for employees, the Gap Inc. 


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1 stores that implemented these strategies experienced 

2 higher productivity, and a 7-percent increase in 

3 sales, compared to those Gap Inc. stores that did not 

4 implement these strategies. 

5 (8) This Act is a first step in responding to the 

6 needs of workers for a voice in the timing of their 

7 work hours and for more predictable schedules. 

8 SEC. 2. DEFINITIONS. 

9 As used in this Act: 

10 (1) BONA FIDE BUSINESS REASON.—The term 

11 ‘‘bona fide business reason’’ means— 

12 (A) the identifiable burden of additional 

13 costs to an employer, including the cost of pro14 ductivity loss, retraining or hiring employees, or 

15 transferring employees from one facility to an16 other facility; 

17 (B) a significant detrimental effect on the 

18 employer’s ability to meet organizational needs 

19 or customer demand; 

20 (C) a significant inability of the employer, 

21 despite best efforts, to reorganize work among 

22 existing (as of the date of the reorganization) 

23 staff; 

24 (D) a significant detrimental effect on 

25 business performance; 


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1 (E) insufficiency of work during the peri2 ods an employee proposes to work; 

3 (F) the need to balance competing sched4 uling requests when it is not possible to grant 

5 all such requests without a significant detri6 mental effect on the employer’s ability to meet 

7 organizational needs; or 

8 (G) such other reason as may be specified 

9 by the Secretary of Labor (or the corresponding 

10 administrative officer specified in section 9). 

11 (2) CAREER-RELATED EDUCATIONAL OR TRAIN12 ING PROGRAM.—The term ‘‘career-related edu13 cational or training program’’ means an educational 

14 or training program or program of study offered by 

15 a public, private, or nonprofit career and technical 

16 education school, institution of higher education, or 

17 other entity that provides academic education, career 

18 and technical education, or training (including reme19 dial education or English as a second language, as 

20 appropriate), that is a program that leads to a rec21 ognized postsecondary credential (as identified under 

22 section 122(d) of the Workforce Innovation and Op23 portunity Act (29 U.S.C. 3152(d)), and provides ca24 reer awareness information. The term includes a 

25 program allowable under the Workforce Innovation 


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1 and Opportunity Act (29 U.S.C. 3101 et seq.), the 

2 Carl D. Perkins Career and Technical Education 

3 Act of 2006 (20 U.S.C. 2301 et seq.), or the Higher 

4 Education Act of 1965 (20 U.S.C. 1001 et seq.), 

5 without regard to whether or not the program is 

6 funded under the corresponding Act. 

7 (3) CAREGIVER.—The term ‘‘caregiver’’ means 

8 an individual with the status of being a significant 

9 provider of— 

10 (A) ongoing care or education, including 

11 responsibility for securing the ongoing care or 

12 education, of a child; or 

13 (B) ongoing care, including responsibility 

14 for securing the ongoing care, of— 

15 (i) a person with a serious health con16 dition who is in a family relationship with 

17 the individual; or 

18 (ii) a parent of the individual, who is 

19 age 65 or older. 

20 (4) CHILD.—The term ‘‘child’’ means a biologi21 cal, adopted, or foster child, a stepchild, a legal 

22 ward, or a child of a person standing in loco 

23 parentis to that child, who is— 

24 (A) under age 18; or 


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1 (B) age 18 or older and incapable of self2 care because of a mental or physical disability. 

3 (5) COMMERCE TERMS.—The terms ‘‘com4 merce’’ and ‘‘industry or activity affecting com5 merce’’ have the meanings given the terms in section 

6 101 of the Family and Medical Leave Act of 1993 

7 (29 U.S.C. 2611). 

8 (6) COVERED EMPLOYER.— 

9 (A) IN GENERAL.—The term ‘‘covered em10 ployer’’— 

11 (i) means any person engaged in com12 merce or in any industry or activity affect13 ing commerce who employs 15 or more em14 ployees (described in paragraph (9)(A)); 

15 (ii) includes any person who acts, di16 rectly or indirectly, in the interest of such 

17 an employer to any of the employees (de18 scribed in paragraph (9)(A)) of such em19 ployer; 

20 (iii) includes any successor in interest 

21 of such an employer; and 

22 (iv) includes an agency described in 

23 subparagraph (A)(iii) of section 101(4) of 

24 the Family and Medical Leave Act of 1993 


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1 (29 U.S.C. 2611(4)), to which subpara2 graph (B) of such section shall apply. 

3 (B) RULE.—For purposes of determining 

4 the number of employees who work for a person 

5 described in subparagraph (A)(i), all employees 

6 (described in paragraph (9)(A)) performing 

7 work for compensation on a full-time, part-time, 

8 or temporary basis shall be counted, except that 

9 if the number of such employees who perform 

10 work for such a person for compensation fluc11 tuates, the number may be determined for a 

12 calendar year based upon the average number 

13 of such employees who performed work for the 

14 person for compensation during the preceding 

15 calendar year. 

16 (C) PERSON.—In this paragraph, the term 

17 ‘‘person’’ has the meaning given the term in 

18 section 3 of the Fair Labor Standards Act of 

19 1938 (29 U.S.C. 203). 

20 (7) DOMESTIC PARTNER.—The term ‘‘domestic 

21 partner’’ means the individual recognized as being in 

22 a relationship with an employee under any domestic 

23 partnership, civil union, or similar law of the State 

24 or political subdivision of a State in which the em25 ployee resides. 


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1 (8) EMPLOY.—The term ‘‘employ’’ has the 

2 meaning given the term in section 3 of the Fair 

3 Labor Standards Act of 1938 (29 U.S.C. 203). 

4 (9) EMPLOYEE.—The term ‘‘employee’’ means 

5 an individual who is— 

6 (A) an employee, as defined in section 3(e) 

7 of the Fair Labor Standards Act of 1938 (29 

8 U.S.C. 203(e)), who is not described in any of 

9 subparagraphs (B) through (G); 

10 (B) a State employee described in section 

11 304(a) of the Government Employee Rights Act 

12 of 1991 (42 U.S.C. 2000e–16c(a)); 

13 (C) a covered employee, as defined in sec14 tion 101 of the Congressional Accountability 

15 Act of 1995 (2 U.S.C. 1301), other than an ap16 plicant for employment; 

17 (D) a covered employee, as defined in sec18 tion 411(c) of title 3, United States Code; 

19 (E) a Federal officer or employee covered 

20 under subchapter V of chapter 63 of title 5, 

21 United States Code; 

22 (F) an employee of the Library of Con23 gress; or 

24 (G) an employee of the Government Ac25 countability Office. 


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1 (10) EMPLOYER.—The term ‘‘employer’’ means 

2 a person— 

3 (A) who is— 

4 (i) a covered employer, as defined in 

5 paragraph (6), who is not described in any 

6 of clauses (ii) through (vii); 

7 (ii) an entity employing a State em8 ployee described in section 304(a) of the 

9 Government Employee Rights Act of 1991; 

10 (iii) an employing office, as defined in 

11 section 101 of the Congressional Account12 ability Act of 1995; 

13 (iv) an employing office, as defined in 

14 section 411(c) of title 3, United States 

15 Code; 

16 (v) an employing agency covered 

17 under subchapter V of chapter 63 of title 

18 5, United States Code; 

19 (vi) the Librarian of Congress; or 

20 (vii) the Comptroller General of the 

21 United States; and 

22 (B) who is engaged in commerce (including 

23 government), in the production of goods for 

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1 merce (including government) or in the produc2 tion of goods for commerce. 

3 (11) FAMILY RELATIONSHIP.—The term ‘‘fam4 ily relationship’’ means a relationship with— 

5 (A) a child, spouse, domestic partner, par6 ent, grandchild, grandparent, sibling, or parent 

7 of a spouse or domestic partner; or 

8 (B) any individual related to the employee 

9 involved by blood or affinity, whose close asso10 ciation with the employee is the equivalent of a 

11 family relationship described in subparagraph 

12 (A). 

13 (12) GRANDCHILD.—The term ‘‘grandchild’’ 

14 means the child of a child. 

15 (13) GRANDPARENT.—The term ‘‘grandparent’’ 

16 means the parent of a parent. 

17 (14) MINIMUM NUMBER OF EXPECTED WORK

18 HOURS.—The term ‘‘minimum number of expected 

19 work hours’’ means the minimum number of hours 

20 an employee will be assigned to work on a weekly or 

21 monthly basis. 

22 (15) HOSPITALITY ESTABLISHMENT.—The 

23 term ‘‘hospitality establishment’’ means a hotel, 

24 motel, inn, or similar transient lodging establish25 ment. 


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1 (16) NONEXEMPT EMPLOYEE.—The term ‘‘non2 exempt employee’’ means an employee who is not 

3 employed in a bona fide executive, administrative, or 

4 professional capacity, as defined for purposes of sec5 tion 13(a)(1) of the Fair Labor Standards Act of 

6 1938 (29 U.S.C. 213(a)(1)). 

7 (17) ON-CALL SHIFT.—The term ‘‘on-call shift’’ 

8 means any time during which an employer requires 

9 an employee to— 

10 (A) be available to work; and 

11 (B) contact the employer or the designee 

12 of the employer, or wait to be contacted by the 

13 employer or designee, to determine whether the 

14 employee is required to report to work at that 

15 time. 

16 (18) PARENT.—The term ‘‘parent’’ means a bi17 ological or adoptive parent, a stepparent, or a person 

18 who stood in a parental relationship to an employee 

19 when the employee was a child. 

20 (19) PARENTAL RELATIONSHIP.—The term 

21 ‘‘parental relationship’’ means a relationship in 

22 which a person assumed the obligations incident to 

23 parenthood for a child and discharged those obliga24 tions before the child reached adulthood. 


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1 (20) RETAIL, FOOD SERVICE, CLEANING, HOS2 PITALITY, OR WAREHOUSE EMPLOYEE.—The term 

3 ‘‘retail, food service, cleaning, hospitality, or ware4 house employee’’ means a nonexempt employee who 

5 is employed in a hospitality establishment, in a 

6 warehouse establishment, or in any of the following 

7 occupations, as described by the Bureau of Labor 

8 Statistics Standard Occupational Classification Sys9 tem (as in effect on the day before the date of enact10 ment of this Act): 

11 (A) Retail sales occupations consisting of 

12 occupations described in 41–1010 and 41– 

13 2000, and all subdivisions thereof, of such Sys14 tem, which includes first-line supervisors of 

15 sales workers, cashiers, gambling change per16 sons and booth cashiers, counter and rental 

17 clerks, parts salespersons, and retail sales18 persons. 

19 (B) Food preparation and serving related 

20 occupations as described in 35–0000, and all 

21 subdivisions thereof, of such System, which in22 cludes supervisors of food preparation and serv23 ing workers, cooks and food preparation work24 ers, food and beverage serving workers, and 


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1 other food preparation and serving related 

2 workers. 

3 (C) Building cleaning occupations as de4 scribed in 37–2011, 37–2012, and 37–2019 of 

5 such System, which includes janitors and clean6 ers, maids and housekeeping cleaners, and 

7 building cleaning workers. 

8 (21) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of Labor. 

10 (22) SECRETARY’S DESIGNATED EMPLOYEE.— 

11 The term ‘‘Secretary’s designated employee’’ means 

12 an employee employed in an occupation, other than 

13 a retail, food service, cleaning, hospitality, or ware14 house occupation, that is designated by the Sec15 retary under section 9(a)(2) as appropriate for cov16 erage under section 4. 

17 (23) SERIOUS HEALTH CONDITION.—The term 

18 ‘‘serious health condition’’ has the meaning given 

19 the term in section 101 of the Family and Medical 

20 Leave Act of 1993 (29 U.S.C. 2611). 

21 (24) SIBLING.—The term ‘‘sibling’’ means a 

22 brother or sister, whether related by half blood, 

23 whole blood, or adoption, or as a stepsibling. 


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1 (25) SPLIT SHIFT.—The term ‘‘split shift’’ 

2 means a schedule of daily hours in which the hours 

3 worked are not consecutive, except that— 

4 (A) a schedule in which the total time out 

5 for meals does not exceed one hour shall not be 

6 treated as a split shift; and 

7 (B) a schedule in which the break in the 

8 employee’s work shift is requested by the em9 ployee shall not be treated as a split shift. 

10 (26) SPOUSE.— 

11 (A) IN GENERAL.—The term ‘‘spouse’’ 

12 means a person with whom an individual en13 tered into— 

14 (i) a marriage as defined or recog15 nized under State law in the State in 

16 which the marriage was entered into; or 

17 (ii) in the case of a marriage entered 

18 into outside of any State, a marriage that 

19 is recognized in the place where entered 

20 into and could have been entered into in at 

21 least 1 State. 

22 (B) SAME-Sex OR COMMON LAW MAR23 RIAGE.—Such term includes an individual in a 

24 same-sex or common law marriage that meets 

25 the requirements of subparagraph (A). 


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1 (27) STATE.—The term ‘‘State’’ has the mean2 ing given the term in section 3 of the Fair Labor 

3 Standards Act of 1938 (29 U.S.C. 203). 

4 (28) WAREHOUSE ESTABLISHMENT.—The term 

5 ‘‘warehouse establishment’’ means any business that 

6 engages primarily in the storage of goods, wares, or 

7 commodities for hire or compensation, and, in con8 nection with such storage, may include the loading, 

9 packing, sorting, stacking, wrapping, distribution, or 

10 delivery of those goods, wares, or commodities. 

11 (29) WORK SCHEDULE.—The term ‘‘work 

12 schedule’’ means all of an employee’s regular work 

13 shifts and on-call shifts, including specific start and 

14 end times for each shift, during a consecutive 7-day 

15 period. 

16 (30) WORK SCHEDULE CHANGE.—The term 

17 ‘‘work schedule change’’ means any modification to 

18 an employee’s work schedule, such as an addition or 

19 reduction of hours, cancellation of a shift, or a 

20 change in the date or time of a work shift, by an 

21 employer. 

22 (31) WORK SHIFT.—The term ‘‘work shift’’ 

23 means the specific hours of the workday during 

24 which an employee works. 


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1 SEC. 3. RIGHT TO REQUEST AND RECEIVE A FLEXIBLE, 

2 PREDICTABLE, OR STABLE WORK SCHEDULE. 

3 (a) RIGHT TO REQUEST.—An employee may apply 

4 to the employee’s employer to request a change in the 

5 terms and conditions of employment as they relate to— 

6 (1) the number of hours the employee is re7 quired to work or be on call for work; 

8 (2) the times when the employee is required to 

9 work or be on call for work; 

10 (3) the location where the employee is required 

11 to work; 

12 (4) the amount of notification the employee re13 ceives of work schedule assignments; and 

14 (5) minimizing fluctuations in the number of 

15 hours the employee is scheduled to work on a daily, 

16 weekly, or monthly basis. 

17 (b) EMPLOYER OBLIGATION TO ENGAGE IN AN

18 INTERACTIVE PROCESS.— 

19 (1) IN GENERAL.—If an employee applies to the 

20 employee’s employer to request a change in the 

21 terms and conditions of employment as set forth in 

22 subsection (a), the employer shall engage in a time23 ly, good faith interactive process with the employee 

24 that includes a discussion of potential schedule 

25 changes that would meet the employee’s needs. 

26 (2) RESULT.—Such process shall result in— 


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1 (A) either granting or denying the request; 

2 (B) in the event of a denial, considering al3 ternatives to the proposed change that might 

4 meet the employee’s needs and granting or de5 nying a request for an alternative change in the 

6 terms and conditions of employment as set 

7 forth in subsection (a); and 

8 (C) in the event of a denial, stating the 

9 reason for denial, including whether any such 

10 reason is a bona fide business reason. 

11 (3) INFORMATION.—If information provided by 

12 the employee making a request under this section re13 quires clarification, the employer shall explain what 

14 further information is needed and give the employee 

15 reasonable time to produce the information. 

16 (c) REQUESTS RELATED TO CAREGIVING, ENROLL17 MENT IN EDUCATION OR TRAINING, OR A SECOND JOB.— 

18 If an employee makes a request for a change in the terms 

19 and conditions of employment as set forth in subsection 

20 (a) because of a serious health condition of the employee, 

21 due to the employee’s responsibilities as a caregiver, or 

22 due to the employee’s enrollment in a career-related edu23 cational or training program, or if an employee makes a 

24 request for such a change for a reason related to a second 

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1 ployer has a bona fide business reason for denying the re2 quest. 

3 (d) OTHER REQUESTS.—If an employee makes a re4 quest for a change in the terms and conditions of employ5 ment as set forth in subsection (a), for a reason other than 

6 those reasons set forth in subsection (c), the employer may 

7 deny the request for any reason that is not unlawful. If 

8 the employer denies such a request, the employer shall 

9 provide the employee with the reason for the denial, in10 cluding whether any such reason is a bona fide business 

11 reason. 

12 SEC. 4. REQUIREMENTS FOR PREDICTABILITY PAY, SPLIT 

13 SHIFT PAY, AND ADVANCE NOTICE OF WORK 

14 SCHEDULES FOR RETAIL, FOOD SERVICE, 

15 CLEANING, HOSPITALITY, WAREHOUSE, OR 

16 SECRETARY’S DESIGNATED EMPLOYEES. 

17 (a) ADVANCE NOTICE REQUIREMENT.— 

18 (1) INITIAL SCHEDULE.—On or before the first 

19 day of work for a new retail, food service, cleaning, 

20 hospitality, or warehouse employee, or Secretary’s 

21 designated employee, the employer shall inform the 

22 employee of the work schedule of the employee and 

23 the minimum number of expected work hours the 

24 employee will be assigned to work per month. 

25 (2) PROVIDING NOTICE OF NEW SCHEDULES.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subsection (b)(2), if the work schedule of a re3 tail, food service, cleaning, hospitality, or ware4 house employee, or Secretary’s designated em5 ployee, changes from the work schedule of 

6 which the employee was informed pursuant to 

7 paragraph (1), the employer shall provide the 

8 employee with the new work schedule of the em9 ployee not less than 14 days before the first day 

10 of the new work schedule. Such a change shall 

11 include a change in the number of hours of 

12 work for which an employee is assigned. 

13 (B) COMPENSATION FOR FAILURE TO PRO14 VIDE TIMELY NOTICE.—An employer that vio15 lates subparagraph (A) shall compensate each 

16 affected employee in the amount of $75 per day 

17 that the new work schedule is not provided. 

18 (3) NOTIFICATIONS IN WRITING.—The notifica19 tions of the work schedules required under para20 graphs (1) and (2) shall be made to the employee in21 volved in writing. 

22 (4) SCHEDULE POSTING REQUIREMENT.— 

23 (A) IN GENERAL.—Every employer em24 ploying any retail, food service, cleaning, hospi25 tality, or warehouse employee, or Secretary’s 


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1 designated employee, shall post a copy of the 

2 work schedule of each such employee and keep 

3 it posted in a conspicuous place in every estab4 lishment where such employee is employed so as 

5 to permit the employee involved to observe read6 ily the copy. Availability of that schedule by 

7 electronic means accessible to all retail, food 

8 service, cleaning, hospitality, or warehouse em9 ployees, or Secretary’s designated employees, of 

10 that employer shall be considered compliance 

11 with this subparagraph. 

12 (B) RIGHT TO DECLINE.—A retail, food 

13 service, cleaning, hospitality, or warehouse em14 ployee, or Secretary’s designated employee, may 

15 decline to work any hours not included in the 

16 work schedule posted under subparagraph (A) 

17 as work hours for the employee. 

18 (C) CONSENT.—If a retail, food service, 

19 cleaning, hospitality, or warehouse employee, or 

20 Secretary’s designated employee, voluntarily 

21 consents to work any hours not posted under 

22 subparagraph (A), such consent must be re23 corded in writing. 


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1 (5) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection shall be construed to prohibit an em3 ployer from— 

4 (A) providing greater advance notice of the 

5 work schedule of a retail, food service, cleaning, 

6 hospitality, or warehouse employee, or Sec7 retary’s designated employee, than is required 

8 under this subsection; or 

9 (B) using any means, in addition to the 

10 written means required under paragraph (3), of 

11 notifying a retail, food service, cleaning, hospi12 tality, or warehouse employee, or Secretary’s 

13 designated employee, of the work schedule of 

14 the employee. 

15 (b) PREDICTABILITY FOR WORK SCHEDULE

16 CHANGES MADE WITH LESS THAN 14 DAYS’ NOTICE.— 

17 (1) IN GENERAL.—An employer may, subject to 

18 subsection (a) and paragraph (2), make changes as 

19 needed to the work schedule of a retail, food service, 

20 cleaning, hospitality, or warehouse employee, or Sec21 retary’s designated employee, including by offering 

22 additional hours of work in addition to those sched23 uled pursuant to the requirements under subsection 

24 (a). 


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1 (2) PREDICTABILITY PAY.—Except as provided 

2 in paragraph (3), for each employer-initiated change 

3 to a work schedule provided to an employee under 

4 subsection (a) that occurs less than 14 days prior to 

5 the first day on which the change is to take effect, 

6 the employer shall be required to provide the af7 fected employee with pay (referred to in this sub8 section as ‘‘predictability pay’’) at the following 

9 rates: 

10 (A) One hour at the employee’s regular 

11 rate of pay if such change is an addition to the 

12 hours the employee is scheduled to work under 

13 subsection (a) or if the employer changes the 

14 date, time, or location of the work shift with no 

15 loss of hours. 

16 (B) Not less than one-half times the em17 ployee’s regular rate of pay per hour for any 

18 hour that the employee is scheduled to work 

19 under subsection (a) and does not work due to 

20 the employer subtracting or canceling such 

21 scheduled hours of work. 

22 (3) EXCEPTIONS TO PREDICTABILITY PAY.—An 

23 employer shall not be required to pay predictability 

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1 sent pursuant to subsection (a)(5), under any of the 

2 following circumstances: 

3 (A) A retail, food service, cleaning, hospi4 tality, or warehouse employee, or Secretary’s 

5 designated employee, requests a shift change in 

6 writing, including through the use of sick leave, 

7 vacation leave, or any other leave policy offered 

8 by the employer. 

9 (B) A schedule change is the result of a 

10 mutually agreed upon shift trade or coverage 

11 arrangement between retail, food service, clean12 ing, hospitality, or warehouse employees, or 

13 Secretary’s designated employees, subject to 

14 any policy of the employer regarding required 

15 conditions for employees to exchange shifts. 

16 (C) The employer’s operations cannot 

17 begin or continue due to— 

18 (i) a threat to the property of an em19 ployee or the employer; 

20 (ii) the failure of a public utility or 

21 the shutdown of public transportation; 

22 (iii) a fire, flood, or other natural dis23 aster; 

24 (iv) a state of emergency declared by 

25 the President of the United States or by 


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1 the governor of the State, or the mayor of 

2 the city, in which the operations are lo3 cated; or 

4 (v) a severe weather condition that 

5 poses a threat to employee safety. 

6 (c) SPLIT SHIFT PAY REQUIREMENT.—An employer 

7 shall pay a retail, food service, cleaning, hospitality, or 

8 warehouse employee, or Secretary’s designated employee, 

9 for one additional hour at the employee’s regular rate of 

10 pay for each day during which the employee works a split 

11 shift. 

12 (d) PAY STUB TRANSPARENCY.—Any pay provided 

13 to an employee pursuant to subsection (a), (b), or (c) (re14 ferred to in this subsection as ‘‘additional pay’’) shall be 

15 included in the employee’s regular paycheck. The employer 

16 shall identify, in the corresponding written wage statement 

17 or pay stub, the total number of hours of additional pay 

18 provided for the pay period involved and whether the addi19 tional pay was due to the requirements of subsection (a), 

20 the requirements of subsection (b), or the requirements 

21 of subsection (c). 

22 SEC. 5. RIGHT TO REST BETWEEN WORK SHIFTS. 

23 (a) IN GENERAL.—An employee employed by a cov24 ered employer may decline, without penalty, to work any 


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1 work shift or on-call shift that is scheduled or otherwise 

2 occurs— 

3 (1) less than 11 hours after the end of the work 

4 shift or on-call shift for the previous day; or 

5 (2) during the 11 hours following the end of a 

6 work shift or on-call shift that spanned 2 days. 

7 (b) CONSENT.—An employee employed by a covered 

8 employer may— 

9 (1) consent to work a shift described in sub10 section (a) in writing, either for each such shift or 

11 for multiple shifts; and 

12 (2) may revoke such consent in writing at any 

13 time during employment. 

14 (c) COMPENSATION.—For each instance that an em15 ployee employed by a covered employer works a shift de16 scribed in subsection (a), the covered employer shall com17 pensate the employee at one and one-half times the em18 ployee’s scheduled rate of pay for the hours worked that 

19 are less than 11 hours apart from the hours worked dur20 ing the previous shift. 

21 SEC. 6. PROHIBITED ACTS. 

22 (a) INTERFERENCE WITH RIGHTS.—It shall be un23 lawful for any employer to interfere with, restrain, or deny 

24 the exercise or the attempt to exercise, any right of— 

25 (1) an employee as set forth in section 3; 


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1 (2) a retail, food service, cleaning, hospitality, 

2 or warehouse employee, or Secretary’s designated 

3 employee, as set forth in section 4; or 

4 (3) an employee of a covered employer as set 

5 forth in section 5. 

6 (b) RETALIATION PROHIBITED.—It shall be unlawful 

7 for any employer to discharge, threaten to discharge, de8 mote, suspend, reduce work hours of, or take any other 

9 adverse employment action against any employee in retal10 iation for exercising the rights of an employee under this 

11 Act or opposing any practice made unlawful by this Act. 

12 For purposes of section 3, such retaliation shall include 

13 taking an adverse employment action against any em14 ployee on the basis of that employee’s request for a change 

15 in work schedule, or because of an employee’s eligibility 

16 or perceived eligibility to request or receive a change in 

17 the terms and conditions of employment, as described in 

18 such section, on the basis of a reason set forth in section 

19 3(c). 

20 (c) INTERFERENCE WITH PROCEEDINGS OR INQUIR21 IES.—It shall be unlawful for any person to discharge or 

22 in any other manner discriminate against any individual 

23 because such individual— 


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1 (1) has filed any charge, or has instituted or 

2 caused to be instituted any proceeding, under or re3 lated to this Act; 

4 (2) has given or is about to give, any informa5 tion in connection with any inquiry or proceeding re6 lating to any right provided under this Act; or 

7 (3) has testified, or is about to testify, in any 

8 inquiry or proceeding relating to any right provided 

9 under this Act. 

10 SEC. 7. REMEDIES AND ENFORCEMENT. 

11 (a) INVESTIGATIVE AUTHORITY.— 

12 (1) IN GENERAL.—To ensure compliance with 

13 this Act, or any regulation or order issued under 

14 this Act, the Secretary shall have, subject to para15 graph (3), the investigative authority provided under 

16 section 11(a) of the Fair Labor Standards Act of 

17 1938 (29 U.S.C. 211(a)). 

18 (2) OBLIGATION TO KEEP AND PRESERVE

19 RECORDS.—Each employer shall make, keep, and 

20 preserve records pertaining to compliance with this 

21 Act in accordance with regulations issued by the 

22 Secretary under section 9. 

23 (3) REQUIRED SUBMISSIONS GENERALLY LIM24 ITED TO AN ANNUAL BASIS.—The Secretary shall 

25 not under the authority of this subsection require 


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1 any employer to submit to the Secretary any books 

2 or records more than once during any 12-month pe3 riod, unless the Secretary has reasonable cause to 

4 believe there may exist a violation of this Act or any 

5 regulation or order issued pursuant to this Act, or 

6 is investigating a charge pursuant to subsection (c). 

7 (4) SUBPOENA POWERS.—For the purposes of 

8 any investigation provided for in this section, the 

9 Secretary shall have the subpoena authority provided 

10 for under section 9 of the Fair Labor Standards Act 

11 of 1938 (29 U.S.C. 209). 

12 (b) CIVIL ACTION BY EMPLOYEES.— 

13 (1) LIABILITY.—Any employer who violates a 

14 section 6(a) (with respect to a right set forth in sub15 section (a), (b), or (c) of section 4), section 5, or 

16 subsection (b) or (c) of section 6 (each such provi17 sion referred to in this section as a ‘‘covered provi18 sion’’) shall be liable to any employee affected for— 

19 (A) damages equal to the amount of— 

20 (i) any wages, salary, employment 

21 benefits (as defined in section 101 of the 

22 Family and Medical Leave Act of 1993 (29 

23 U.S.C. 2611)), or other compensation de24 nied, lost, or owed to such employee by 

25 reason of the violation; or 


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1 (ii) in a case in which wages, salary, 

2 employment benefits (as so defined), or 

3 other compensation have not been denied, 

4 lost, or owed to the employee, any actual 

5 monetary losses sustained by the employee 

6 as a direct result of the violation; 

7 (B) interest on the amount described in 

8 subparagraph (A) calculated at the prevailing 

9 rate; 

10 (C) an additional amount as liquidated 

11 damages equal to the sum of the amount de12 scribed in subparagraph (A) and the interest 

13 described in subparagraph (B), except that if 

14 an employer who has violated a covered provi15 sion proves to the satisfaction of the court that 

16 the act or omission which violated the covered 

17 provision was in good faith and that the em18 ployer had reasonable grounds for believing that 

19 the act or omission was not a violation of a cov20 ered provision, such court may, in the discretion 

21 of the court, reduce the amount of liability to 

22 the amount and interest determined under sub23 paragraphs (A) and (B), respectively; and 


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1 (D) such equitable relief as may be appro2 priate, including employment, reinstatement, 

3 and promotion. 

4 (2) RIGHT OF ACTION.—An action to recover 

5 the damages or equitable relief set forth in para6 graph (1) may be maintained against any employer 

7 (including a public agency) in any Federal or State 

8 court of competent jurisdiction by any one or more 

9 employees for and on behalf of— 

10 (A) the employees; or 

11 (B) the employees and other employees 

12 similarly situated. 

13 (3) FEES AND COSTS.—The court in such an 

14 action shall, in addition to any judgment awarded to 

15 the plaintiff, allow a reasonable attorney’s fee, rea16 sonable expert witness fees, and other costs of the 

17 action to be paid by the defendant. 

18 (4) LIMITATIONS.—The right provided by para19 graph (2) to bring an action by or on behalf of any 

20 employee shall terminate on the filing of a complaint 

21 by the Secretary in an action under subsection (c)(4) 

22 in which a recovery is sought of the damages de23 scribed in paragraph (1)(A) owing to an employee by 

24 an employer liable under paragraph (1) unless the 


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1 action described is dismissed without prejudice on 

2 motion of the Secretary. 

3 (c) ACTIONS BY THE SECRETARY.— 

4 (1) ADMINISTRATIVE ACTION.—The Secretary 

5 shall receive, investigate, and attempt to resolve 

6 complaints of violations of this Act in the same man7 ner that the Secretary receives, investigates, and at8 tempts to resolve complaints of violations of sections 

9 6 and 7 of the Fair Labor Standards Act of 1938 

10 (29 U.S.C. 206 and 207), and may issue an order 

11 making determinations, and assessing a civil penalty 

12 described in paragraph (3) (in accordance with para13 graph (3)), with respect to such an alleged violation. 

14 (2) ADMINISTRATIVE REVIEW.—An affected 

15 person who takes exception to an order issued under 

16 paragraph (1) may request review of and a decision 

17 regarding such an order by an administrative law 

18 judge. In reviewing the order, the administrative law 

19 judge may hold an administrative hearing con20 cerning the order, in accordance with the require21 ments of sections 554, 556, and 557 of title 5, 

22 United States Code. Such hearing shall be conducted 

23 expeditiously. If no affected person requests such re24 view within 60 days after the order is issued under 


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1 paragraph (1), the order shall be considered to be a 

2 final order that is not subject to judicial review. 

3 (3) CIVIL PENALTY.—An employer who willfully 

4 and repeatedly violates— 

5 (A) section 4 or 5 shall be subject to a civil 

6 penalty in an amount to be determined by the 

7 Secretary, but not to exceed $100 per violation; 

8 and 

9 (B) subsection (b) or (c) of section 6 shall 

10 be subject to a civil penalty in an amount to be 

11 determined by the Secretary, but not to exceed 

12 $1,100 per violation. 

13 (4) CIVIL ACTION.—The Secretary may bring 

14 an action in any court of competent jurisdiction on 

15 behalf of aggrieved employees to— 

16 (A) restrain violations of this Act; 

17 (B) award such equitable relief as may be 

18 appropriate, including employment, reinstate19 ment, and promotion; and 

20 (C) in the case of a violation of a covered 

21 provision, recover the damages and interest de22 scribed in subparagraphs (A) through (C) of 

23 subsection (b)(1). 

24 (d) LIMITATION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), an action may be brought under this sec3 tion not later than 2 years after the date of the last 

4 event constituting the alleged violation for which the 

5 action is brought. 

6 (2) WILLFUL VIOLATION.—In the case of such 

7 action brought for a willful violation of section 6, 

8 such action may be brought within 3 years of the 

9 date of the last event constituting the alleged viola10 tion for which such action is brought. 

11 (3) COMMENCEMENT.—In determining when an 

12 action is commenced by the Secretary under this 

13 section for the purposes of this subsection, it shall 

14 be considered to be commenced on the date when the 

15 complaint is filed. 

16 (e) OTHER ADMINISTRATIVE OFFICERS.— 

17 (1) BOARD.—In the case of employees described 

18 in section 2(9)(C), the authority of the Secretary 

19 under this Act shall be exercised by the Board of Di20 rectors of the Office of Compliance. 

21 (2) PRESIDENT; MERIT SYSTEMS PROTECTION

22 BOARD.—In the case of employees described in sec23 tion 2(9)(D), the authority of the Secretary under 

24 this Act shall be exercised by the President and the 

25 Merit Systems Protection Board. 


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1 (3) OFFICE OF PERSONNEL MANAGEMENT.—In 

2 the case of employees described in section 2(9)(E), 

3 the authority of the Secretary under this Act shall 

4 be exercised by the Office of Personnel Management. 

5 (4) LIBRARIAN OF CONGRESS.—In the case of 

6 employees of the Library of Congress, the authority 

7 of the Secretary under this Act shall be exercised by 

8 the Librarian of Congress. 

9 (5) COMPTROLLER GENERAL.—In the case of 

10 employees of the Government Accountability Office, 

11 the authority of the Secretary under this Act shall 

12 be exercised by the Comptroller General of the 

13 United States. 

14 SEC. 8. NOTICE AND POSTING. 

15 (a) IN GENERAL.—Each employer shall post and 

16 keep posted, in conspicuous places on the premises of the 

17 employer where notices to employees and applicants for 

18 employment are customarily posted, a notice, to be pre19 pared or approved by the Secretary (or the corresponding 

20 administrative officer specified in section 9) setting forth 

21 excerpts from, or summaries of, the pertinent provisions 

22 of this Act and information pertaining to the filing of a 

23 complaint under this Act. 


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1 (b) PENALTY.—Any employer that willfully violates 

2 this section may be assessed a civil money penalty not to 

3 exceed $100 for each separate offense. 

4 SEC. 9. REGULATIONS. 

5 (a) SECRETARY OF LABOR.— 

6 (1) IN GENERAL.—Except as provided in sub7 sections (b) through (f), not later than 180 days 

8 after the date of enactment of this Act, the Sec9 retary shall issue such regulations as may be nec10 essary to implement this Act. 

11 (2) REGULATIONS REGARDING ADDITIONAL OC12 CUPATIONS TO BE COVERED.— 

13 (A) IN GENERAL.—In carrying out para14 graph (1), the Secretary shall issue regulations, 

15 for purposes of defining Secretary’s designated 

16 employees under section 2(22), that specify a 

17 process the Secretary will follow to identify and 

18 designate occupations in addition to retail, food 

19 service, cleaning, hospitality, or warehouse oc20 cupations that are appropriate for coverage 

21 under section 4. Nonexempt employees in occu22 pations designated under this subparagraph 

23 shall be considered to be Secretary’s designated 

24 employees for purposes of this Act. 


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1 (B) CRITERIA.—The regulations shall pro2 vide that the Secretary shall so designate an 

3 additional occupation— 

4 (i) in which not less than 10 percent 

5 of workers employed in the occupation gen6 erally— 

7 (I) receive advance notice of their 

8 work schedules less than 14 days be9 fore the first day of the work sched10 ules; or 

11 (II) experience fluctuations in the 

12 number of hours the employees are 

13 scheduled to work on a daily, weekly, 

14 or monthly basis; or 

15 (ii) for which the Secretary deter16 mines such designation is appropriate. 

17 (C) DATA REVIEW.—In issuing the regula18 tions, the Secretary shall specify the process by 

19 which the Department of Labor will review data 

20 from stakeholders, and data collected or gen21 erated by the Department, in making those des22 ignations. 

23 (b) BOARD.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of enactment of this Act, the Board 


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1 of Directors of the Office of Compliance shall issue 

2 such regulations as may be necessary to implement 

3 this Act with respect to employees described in sec4 tion 2(9)(C). The procedures applicable to regula5 tions of the Board issued for the implementation of 

6 the Congressional Accountability Act of 1995 (2 

7 U.S.C. 1301 et seq.), prescribed in section 304 of 

8 that Act (2 U.S.C. 1384), shall be the procedures 

9 applicable to regulations issued under this sub10 section. 

11 (2) CONSIDERATION.—In prescribing the regu12 lations, the Board shall take into consideration the 

13 enforcement and remedies provisions concerning the 

14 Board, and applicable to rights and protections 

15 under the Family and Medical Leave Act of 1993 

16 (29 U.S.C. 2611 et seq.), under the Congressional 

17 Accountability Act of 1995 (2 U.S.C. 1301 et seq.). 

18 (3) MODIFICATIONS.—The regulations issued 

19 under paragraph (1) to implement this Act shall be 

20 the same as substantive regulations issued by the 

21 Secretary to implement this Act, except to the extent 

22 that the Board may determine, for good cause 

23 shown and stated together with the regulations 

24 issued by the Board, that a modification of such 

25 substantive regulations would be more effective for 


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1 the implementation of the rights and protections 

2 under this Act. 

3 (c) PRESIDENT.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this Act, the Presi6 dent shall issue such regulations as may be nec7 essary to implement this Act with respect to employ8 ees described in section 2(9)(D). 

9 (2) CONSIDERATION.—In prescribing the regu10 lations, the President shall take into consideration 

11 the enforcement and remedies provisions concerning 

12 the President and the Merit Systems Protection 

13 Board, and applicable to rights and protections 

14 under the Family and Medical Leave Act of 1993, 

15 under chapter 5 of title 3, United States Code. 

16 (3) MODIFICATIONS.—The regulations issued 

17 under paragraph (1) to implement this Act shall be 

18 the same as substantive regulations issued by the 

19 Secretary to implement this Act, except to the extent 

20 that the President may determine, for good cause 

21 shown and stated together with the regulations 

22 issued by the President, that a modification of such 

23 substantive regulations would be more effective for 

24 the implementation of the rights and protections 

25 under this Act. 


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1 (d) OFFICE OF PERSONNEL MANAGEMENT.— 

2 (1) IN GENERAL.—Not later than 180 days 

3 after the date of enactment of this Act, the Office 

4 of Personnel Management shall issue such regula5 tions as may be necessary to implement this Act 

6 with respect to employees described in section 

7 2(9)(E). 

8 (2) CONSIDERATION.—In prescribing the regu9 lations, the Office shall take into consideration the 

10 enforcement and remedies provisions concerning the 

11 Office under subchapter V of chapter 63 of title 5, 

12 United States Code. 

13 (3) MODIFICATIONS.—The regulations issued 

14 under paragraph (1) to implement this Act shall be 

15 the same as substantive regulations issued by the 

16 Secretary to implement this Act, except to the extent 

17 that the Office may determine, for good cause shown 

18 and stated together with the regulations issued by 

19 the Office, that a modification of such substantive 

20 regulations would be more effective for the imple21 mentation of the rights and protections under this 

22 Act. 

23 (e) LIBRARIAN OF CONGRESS.— 

24 (1) IN GENERAL.—Not later than 180 days 

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1 ian of Congress shall issue such regulations as may 

2 be necessary to implement this Act with respect to 

3 employees of the Library of Congress. 

4 (2) CONSIDERATION.—In prescribing the regu5 lations, the Librarian shall take into consideration 

6 the enforcement and remedies provisions concerning 

7 the Librarian of Congress under title I of the Fam8 ily and Medical Leave Act of 1993 (29 U.S.C. 2611 

9 et seq.). 

10 (3) MODIFICATIONS.—The regulations issued 

11 under paragraph (1) to implement this Act shall be 

12 the same as substantive regulations issued by the 

13 Secretary to implement this Act, except to the extent 

14 that the Librarian may determine, for good cause 

15 shown and stated together with the regulations 

16 issued by the Librarian, that a modification of such 

17 substantive regulations would be more effective for 

18 the implementation of the rights and protections 

19 under this Act. 

20 (f) COMPTROLLER GENERAL.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of enactment of this Act, the Comp23 troller General shall issue such regulations as may 

24 be necessary to implement this Act with respect to 

25 employees of the Government Accountability Office. 


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1 (2) CONSIDERATION.—In prescribing the regu2 lations, the Comptroller General shall take into con3 sideration the enforcement and remedies provisions 

4 concerning the Comptroller General under title I of 

5 the Family and Medical Leave Act of 1993. 

6 (3) MODIFICATIONS.—The regulations issued 

7 under paragraph (1) to implement this Act shall be 

8 the same as substantive regulations issued by the 

9 Secretary to implement this Act, except to the extent 

10 that the Comptroller General may determine, for 

11 good cause shown and stated together with the regu12 lations issued by the Comptroller General, that a 

13 modification of such substantive regulations would 

14 be more effective for the implementation of the 

15 rights and protections under this Act. 

16 SEC. 10. RESEARCH, EDUCATION, AND TECHNICAL ASSIST17 ANCE PROGRAM AND SURVEYS. 

18 (a) IN GENERAL.—The Secretary shall provide infor19 mation and technical assistance to employers, labor orga20 nizations, and the general public concerning compliance 

21 with this Act. 

22 (b) PROGRAM.—In order to achieve the objectives of 

23 this Act— 

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1 ment of Labor, shall issue guidance on compliance 

2 with this Act regarding providing a flexible, predict3 able, or stable work environment through changes in 

4 the terms and conditions of employment as provided 

5 in section 3(a); and 

6 (2) the Secretary shall carry on a continuing 

7 program of research, education, and technical assist8 ance, including— 

9 (A)(i) conducting pilot programs that im10 plement fairer work schedules, including by pro11 moting cross training, providing 3 weeks or 

12 more advance notice of schedules, providing em13 ployees with a minimum number of hours of 

14 work, and using electronic workforce manage15 ment systems to provide more flexible, predict16 able, and stable schedules for employees; and 

17 (ii) evaluating the results of such pilot pro18 grams for employees, employee’s families, and 

19 employers; 

20 (B) publishing and otherwise making avail21 able to employers, labor organizations, profes22 sional associations, educational institutions, the 

23 various communication media, and the general 

24 public the findings of studies regarding fair 


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1 work scheduling policies and other materials for 

2 promoting compliance with this Act; 

3 (C) sponsoring and assisting State and 

4 community informational and educational pro5 grams; and 

6 (D) providing technical assistance to em7 ployers, labor organizations, professional asso8 ciations, and other interested persons on means 

9 of achieving and maintaining compliance with 

10 the provisions of this Act. 

11 (c) CURRENT POPULATION SURVEY.—The Secretary, 

12 acting through the Commissioner of the Bureau of Labor 

13 Statistics, and the Director of the Bureau of the Census 

14 shall— 

15 (1) include in the Current Population Survey 

16 questions on— 

17 (A) the magnitude of fluctuation in the 

18 number of hours the employee is scheduled to 

19 work on a daily, weekly, or monthly basis; 

20 (B) the extent of advance notice an em21 ployee receives of the employee’s work schedule; 

22 and 

23 (C) the extent to which an employee has 

24 input in the employee’s work schedule; and 


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1 (2) conduct at regular intervals the Contingent 

2 Worker Supplement, the Work Schedules and Work 

3 at Home Supplement, and other relevant supple4 ments (as determined by the Secretary), to the Cur5 rent Population Survey. 

6 SEC. 11. RIGHTS RETAINED BY EMPLOYEES. 

7 This Act provides minimum requirements and shall 

8 not be construed to preempt, limit, or otherwise affect the 

9 applicability of any other law, requirement, policy, or 

10 standard that provides for greater rights for employees 

11 than are required in this Act. 

12 SEC. 12. EXEMPTION. 

13 This Act shall not apply to any employee covered by 

14 a valid collective bargaining agreement if— 

15 (1) the terms of the collective bargaining agree16 ment include terms that govern work scheduling 

17 practices; and 

18 (2) the provisions of this Act are expressly 

19 waived in such collective bargaining agreement. 

20 SEC. 13. EFFECT ON OTHER LAW. 

21 (a) IN GENERAL.—Nothing in this Act shall be con22 strued as superseding, or creating or imposing any re23 quirement in conflict with, any Federal, State, or local 

24 regulation or other law (including the Americans with Dis25 abilities Act of 1990 (42 U.S.C. 12101 et seq.), the FamVerDate Sep 11 2014 02:02 Nov 19, 2019 Jkt 099200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5004.IH H5004

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1 ily and Medical Leave Act of 1993 (29 U.S.C. 2611 et 

2 seq.), the National Labor Relations Act (29 U.S.C. 151 

3 et seq.), the Fair Labor Standards Act of 1938 (29 U.S.C. 

4 201 et seq.), and title VII of the Civil Rights Act of 1964 

5 (42 U.S.C. 2000e et seq.)). 

6 (b) RELATIONSHIP TO COLLECTIVE BARGAINING

7 RIGHTS.—Nothing in this Act (including section 12) shall 

8 be construed to diminish or impair the rights of an em9 ployee under any valid collective bargaining agreement. 

Æ 


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