II 

115TH CONGRESS 

1ST SESSION S. 1386 

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 SENATE OF THE UNITED STATES 

JUNE 20, 2017 

Ms. WARREN (for herself, Mrs. MURRAY, Mr. MURPHY, Ms. BALDWIN, Mr. 

BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Ms. CORTEZ MASTO, Ms. 

DUCKWORTH, Mr. DURBIN, Mr. FRANKEN, Mrs. GILLIBRAND, Ms. HARRIS, Ms. HIRONO, Mr. LEAHY, Mr. MARKEY, Mr. MERKLEY, Mr. REED, 

Mr. SANDERS, Mr. SCHUMER, Mr. VAN HOLLEN, Mr. WHITEHOUSE, and 

Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, 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 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. 

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


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1 SECTION 1. SHORT TITLE; FINDINGS. 

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

3 ‘‘Schedules That Work Act’’. 

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

5 (1) The vast majority of the United States 

6 workforce today is juggling responsibilities at home 

7 and at work. Sixty-four percent of mothers are the 

8 primary breadwinners or co-breadwinners in their 

9 families. 

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

11 workforce, both hourly and salaried workers often 

12 have little ability to make changes to their work 

13 schedules when those changes are needed to accom14 modate family responsibilities. 

15 (3)(A) Low-wage working mothers are more 

16 likely to be raising children on their own than high17 er-wage working mothers. For example, more than 

18 half of mothers in low-wage jobs who have very 

19 young children are single parents, compared to 

20 around one-third of all working mothers who have 

21 very young children. 

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

23 the least control over their work schedules and the 

24 most unpredictable schedules. For example— 


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1 (i) roughly half of low-wage workers re2 ported very little or no control over the timing 

3 of the hours they were scheduled to work; 

4 (ii)(I) many workers in low-wage jobs re5 ceive their work schedules with very little ad6 vance notice; and 

7 (II) 41 percent of workers who are ages 26 

8 through 32 (referred to in this section as 

9 ‘‘early-career workers’’) in hourly jobs report 

10 getting their work schedules a week or less in 

11 advance; 

12 (iii) some workers in low-wage jobs are 

13 sent home from work when work is slow with14 out being paid for their scheduled shift; 

15 (iv)(I) many employers have adopted ‘‘just16 in-time’’ scheduling, which bases workers’ 

17 schedules on perceived consumer demand and 

18 often results in workers being given very little 

19 advance notice of their work schedules; and 

20 (II) in some industries, the use of ‘‘call-in 

21 shift’’ requirements—requirements that workers 

22 call in to work to find out whether they will be 

23 scheduled to work later that day—have become 

24 common practice; and 


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1 (v)(I) 20 to 30 percent of workers in low2 wage jobs struggle with being required to work 

3 extra hours with little or no notice; and 

4 (II) in a typical month, for the 74 percent 

5 of early-career workers in hourly jobs who re6 port fluctuations in their work hours, those 

7 hours typically fluctuate by more than an 8- 

8 hour day of work and pay per week. 

9 (4) Unfair work scheduling practices make it 

10 difficult for low-wage workers to— 

11 (A) provide necessary care for children and 

12 other family members, including securing and 

13 maintaining stable child care; 

14 (B) access and receive needed care for the 

15 workers’ own serious health conditions; 

16 (C) pursue workforce training; 

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

18 part-time workers need to make ends meet; 

19 (E) plan for and access transportation to 

20 reach worksites; and 

21 (F) qualify for and maintain eligibility for 

22 needed public benefits and work supports, such 

23 as child care subsidies and benefits under the 

24 supplemental nutrition assistance program, due 

25 to fluctuations in income and work hours. 


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1 (5) Twenty-six percent of workers on irregular 

2 or on-call schedules and 19 percent of workers on 

3 rotating or split shift schedules experience work-fam4 ily conflict, compared to 11 percent of workers on 

5 regular work schedules. A recent national survey of 

6 retail workers found that unpredictable schedules for 

7 parents are associated with higher stress and less 

8 time spent with their children. 

9 (6) Unpredictable and unstable schedules are 

10 common in a wide range of occupations, including 

11 food preparation and service, retail sales, and clean12 ing occupations. According to data from the Bureau 

13 of Labor Statistics for early-career adults, 64 per14 cent of food service workers, 50 percent of retail 

15 workers, and 40 percent of cleaning workers know 

16 their schedules only a week or less in advance. The 

17 average variation between the least and most hours 

18 worked in a single month is 70 percent for food 

19 service workers, 50 percent for retail workers, and 

20 40 percent for cleaning workers. 

21 (7) Food service workers, retail workers, and 

22 cleaning workers are among the lowest-paid workers, 

23 and those 3 occupations account for nearly 

24,000,000 workers, which is almost 1 24 ⁄6 of the work25 force. 


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1 (8) Employers that have implemented fair work 

2 scheduling policies that allow workers to have more 

3 control over their work schedules, and provide more 

4 predictable and stable schedules, have experienced 

5 significant benefits, including reductions in absentee6 ism and workforce turnover, and increased worker 

7 morale and engagement. 

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

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

10 work hours and for more predictable schedules. 

11 SEC. 2. DEFINITIONS. 

12 As used in this Act: 

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

14 ‘‘bona fide business reason’’ means— 

15 (A) the identifiable burden of additional 

16 costs to an employer, including the cost of pro17 ductivity loss, retraining or hiring employees, or 

18 transferring employees from one facility to an19 other facility; 

20 (B) a significant detrimental effect on the 

21 employer’s ability to meet organizational needs 

22 or customer demand; 

23 (C) a significant inability of the employer, 

24 despite best efforts, to reorganize work among 


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1 existing (as of the date of the reorganization) 

2 staff; 

3 (D) a significant detrimental effect on 

4 business performance; 

5 (E) insufficiency of work during the peri6 ods an employee proposes to work; 

7 (F) the need to balance competing sched8 uling requests when it is not possible to grant 

9 all such requests without a significant detri10 mental effect on the employer’s ability to meet 

11 organizational needs; or 

12 (G) such other reason as may be specified 

13 by the Secretary of Labor (or the corresponding 

14 administrative officer specified in section 8). 

15 (2) CAREER-RELATED EDUCATIONAL OR TRAIN16 ING PROGRAM.—The term ‘‘career-related edu17 cational or training program’’ means an educational 

18 or training program or program of study offered by 

19 a public, private, or nonprofit career and technical 

20 education school, institution of higher education, or 

21 other entity that provides academic education, career 

22 and technical education, or training (including reme23 dial education or English as a second language, as 

24 appropriate), that is a program that leads to a rec25 ognized postsecondary credential (as identified under 


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1 section 122(d) of the Workforce Innovation and Op2 portunity Act (29 U.S.C. 3152(d))), and provides 

3 career awareness information. The term includes a 

4 program allowable under the Workforce Innovation 

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

6 Carl D. Perkins Career and Technical Education 

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

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

9 without regard to whether or not the program is 

10 funded under the corresponding Act. 

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

12 an individual with the status of being a significant 

13 provider of— 

14 (A) ongoing care or education, including 

15 responsibility for securing the ongoing care or 

16 education, of a child; or 

17 (B) ongoing care, including responsibility 

18 for securing the ongoing care, of— 

19 (i) a person with a serious health con20 dition who is in a family relationship with 

21 the individual; or 

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

23 age 65 or older. 

24 (4) CHILD.—The term ‘‘child’’ means a biologi25 cal, adopted, or foster child, a stepchild, a legal 


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

2 parentis to that child, who is— 

3 (A) under age 18; or 

4 (B) age 18 or older and incapable of self5 care because of a mental or physical disability. 

6 (5) COMMERCE TERMS.—The terms ‘‘com7 merce’’ and ‘‘industry or activity affecting com8 merce’’ have the meanings given the terms in section 

9 101 of the Family and Medical Leave Act of 1993 

10 (29 U.S.C. 2611). 

11 (6) COVERED EMPLOYER.— 

12 (A) IN GENERAL.—The term ‘‘covered em13 ployer’’— 

14 (i) means any person engaged in com15 merce or in any industry or activity affect16 ing commerce who employs 15 or more em17 ployees (described in paragraph (9)(A)); 

18 (ii) includes any person who acts, di19 rectly or indirectly, in the interest of such 

20 an employer to any of the employees (de21 scribed in paragraph (9)(A)) of such em22 ployer; 

23 (iii) includes any successor in interest 

24 of such an employer; and 


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1 (iv) includes an agency described in 

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

3 the Family and Medical Leave Act of 1993 

4 (29 U.S.C. 2611(4)), to which subpara5 graph (B) of such section shall apply. 

6 (B) RULE.—For purposes of determining 

7 the number of employees who work for a person 

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

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

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

11 or temporary basis shall be counted, except that 

12 if the number of such employees who perform 

13 work for such a person for compensation fluc14 tuates, the number may be determined for a 

15 calendar year based upon the average number 

16 of such employees who performed work for the 

17 person for compensation during the preceding 

18 calendar year. 

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

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

21 section 3 of the Fair Labor Standards Act of 

22 1938 (29 U.S.C. 203). 

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

24 partner’’ means the individual recognized as being in 

25 a relationship with an employee under any domestic 


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

2 or political subdivision of a State in which the em3 ployee resides. 

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

5 meaning given the term in section 3 of the Fair 

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

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

8 an individual who is— 

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

10 of the Fair Labor Standards Act of 1938 (29 

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

12 subparagraphs (B) through (G); 

13 (B) a State employee described in section 

14 304(a) of the Government Employee Rights Act 

15 of 1991 (42 U.S.C. 2000e–16c(a)); 

16 (C) a covered employee, as defined in sec17 tion 101 of the Congressional Accountability 

18 Act of 1995 (2 U.S.C. 1301), other than an ap19 plicant for employment; 

20 (D) a covered employee, as defined in sec21 tion 411(c) of title 3, United States Code; 

22 (E) a Federal officer or employee covered 

23 under subchapter V of chapter 63 of title 5, 

24 United States Code; 


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1 (F) an employee of the Library of Con2 gress; or 

3 (G) an employee of the Government Ac4 countability Office. 

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

6 a person— 

7 (A) who is— 

8 (i) a covered employer, as defined in 

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

10 of clauses (ii) through (vii); 

11 (ii) an entity employing a State em12 ployee described in section 304(a) of the 

13 Government Employee Rights Act of 1991; 

14 (iii) an employing office, as defined in 

15 section 101 of the Congressional Account16 ability Act of 1995; 

17 (iv) an employing office, as defined in 

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

19 Code; 

20 (v) an employing agency covered 

21 under subchapter V of chapter 63 of title 

22 5, United States Code; 

23 (vi) the Librarian of Congress; or 

24 (vii) the Comptroller General of the 

25 United States; and 


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1 (B) who is engaged in commerce (including 

2 government), in the production of goods for 

3 commerce, or in an enterprise engaged in com4 merce (including government) or in the produc5 tion of goods for commerce. 

6 (11) FAMILY RELATIONSHIP.—The term ‘‘fam7 ily relationship’’ means a relationship with— 

8 (A) a child, spouse, domestic partner, par9 ent, grandchild, grandparent, sibling, or parent 

10 of a spouse or domestic partner; or 

11 (B) any individual related to the employee 

12 involved by blood or affinity, whose close asso13 ciation with the employee is the equivalent of a 

14 family relationship described in subparagraph 

15 (A). 

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

17 means the child of a child. 

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

19 means the parent of a parent. 

20 (14) MINIMUM NUMBER OF EXPECTED WORK

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

22 work hours’’ means the minimum number of hours 

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

24 monthly basis. 


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1 (15) NONEXEMPT EMPLOYEE.—The ‘‘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 (16) PARENT.—The term ‘‘parent’’ means a bi8 ological or adoptive parent, a stepparent, or a person 

9 who stood in a parental relationship to an employee 

10 when the employee was a child. 

11 (17) PARENTAL RELATIONSHIP.—The term 

12 ‘‘parental relationship’’ means a relationship in 

13 which a person assumed the obligations incident to 

14 parenthood for a child and discharged those obliga15 tions before the child reached adulthood. 

16 (18) PART-TIME EMPLOYEE.—The term ‘‘part17 time employee’’ means an individual who works 

18 fewer than 30 hours per week on average during any 

19 1-month period. 

20 (19) RETAIL, FOOD SERVICE, OR CLEANING EM21 PLOYEE.—The term ‘‘retail, food service, or cleaning 

22 employee’’ means an individual nonexempt employee 

23 who is employed in any of the following occupations, 

24 as described by the Bureau of Labor Statistics 

25 Standard Occupational Classification System (as in 


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1 effect on the day before the date of enactment of 

2 this Act): 

3 (A) Retail sales occupations consisting of 

4 occupations described in 41–1010 and 41– 

5 2000, and all subdivisions thereof, of such Sys6 tem, which includes first-line supervisors of 

7 sales workers, cashiers, gaming change persons 

8 and booth cashiers, counter and rental clerks, 

9 parts salespersons, and retail salespersons. 

10 (B) Food preparation and serving related 

11 occupations as described in 35–0000, and all 

12 subdivisions thereof, of such System, which in13 cludes supervisors of food preparation and serv14 ing workers, cooks and food preparation work15 ers, food and beverage serving workers, and 

16 other food preparation and serving related 

17 workers. 

18 (C) Building cleaning occupations as de19 scribed in 37–2011, 37–2012 and 37–2019 of 

20 such System, which includes janitors and clean21 ers, maids and housekeeping cleaners, and 

22 building cleaning workers. 

23 (20) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of Labor. 


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1 (21) SERIOUS HEALTH CONDITION.—The term 

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

3 the term in section 101 of the Family and Medical 

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

5 (22) SIBLING.—The term ‘‘sibling’’ means a 

6 brother or sister, whether related by half blood, 

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

8 (23) SPLIT SHIFT.—The term ‘‘split shift’’ 

9 means a schedule of daily hours in which the hours 

10 worked are not consecutive, except that— 

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

12 for meals does not exceed one hour shall not be 

13 treated as a split shift; and 

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

15 employee’s work shift is requested by the em16 ployee shall not be treated as a split shift. 

17 (24) SPOUSE.— 

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

19 means a person with whom an individual en20 tered into— 

21 (i) a marriage as defined or recog22 nized under State law in the State in 

23 which the marriage was entered into; or 

24 (ii) in the case of a marriage entered 

25 into outside of any State, a marriage that 


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1 is recognized in the place where entered 

2 into and could have been entered into in at 

3 least 1 State. 

4 (B) SAME-SEX OR COMMON LAW MAR5 RIAGE.—Such term includes an individual in a 

6 same-sex or common law marriage that meets 

7 the requirements of subparagraph (A). 

8 (25) STATE.—The term ‘‘State’’ has the mean9 ing given the term in section 3 of the Fair Labor 

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

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

12 schedule’’ means those days and times within a work 

13 period when an employee is required by an employer 

14 to perform the duties of the employee’s employment 

15 for which the employee will receive compensation. 

16 (27) 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 (28) 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 a part-time employee 

24 makes a request for such a change for a reason related 

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1 less the employer has a bona fide business reason for deny2 ing the request. 

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 REPORTING TIME PAY, SPLIT 

13 SHIFT PAY, AND ADVANCE NOTICE OF WORK 

14 SCHEDULES FOR RETAIL, FOOD SERVICE, 

15 CLEANING, OR SECRETARY’S DESIGNATED 

16 EMPLOYEES. 

17 (a) REPORTING TIME PAY REQUIREMENT.—An em18 ployer shall pay a retail, food service, or cleaning employee 

19 or a designated employee, in an additional occupation des20 ignated by the Secretary, under section 8(a)(2) as appro21 priate for coverage under this Act (referred to in this Act 

22 as ‘‘a retail, food service, cleaning, or Secretary’s des23 ignated employee’’)— 

24 (1) for at least 4 hours at the regular rate of 

25 pay of the employee involved for each day on which 


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1 the retail, food service, cleaning, or Secretary’s des2 ignated employee reports for work, as required by 

3 the employer, but is given less than four hours of 

4 work, except that if the employee’s scheduled hours 

5 for a day are less than 4 hours, such employee shall 

6 be paid for the scheduled hours of the employee in7 volved for that day if given less than the scheduled 

8 hours of work; and 

9 (2) for at least 1 hour at the regular rate of 

10 pay of the employee involved for each day the retail, 

11 food service, cleaning, or Secretary’s designated em12 ployee is given specific instructions to contact the 

13 employer of the employee involved, or wait to be con14 tacted by the employer, less than 24 hours in ad15 vance of the start of a potential work shift to deter16 mine whether the employee must report to work for 

17 such shift. 

18 (b) SPLIT SHIFT PAY REQUIREMENT.—An employer 

19 shall pay a retail, food service, cleaning, or Secretary’s 

20 designated employee for one additional hour at the em21 ployee’s regular rate of pay for each day during which the 

22 employee works a split shift. 

23 (c) ADVANCE NOTICE REQUIREMENT.— 

24 (1) INITIAL SCHEDULE.—On or before a new 

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1 ignated employee’s first day of work, the employer 

2 shall inform the employee in writing of the work 

3 schedule of the employee involved and the minimum 

4 number of expected work hours the employee will be 

5 assigned to work per month. 

6 (2) PROVIDING NOTICE OF NEW SCHEDULES.— 

7 Except as provided in paragraph (3), if a retail, food 

8 service, cleaning, or Secretary’s designated employ9 ee’s work schedule changes from the work schedule 

10 of which the employee was informed pursuant to 

11 paragraph (1), the employer shall provide the em12 ployee with the new work schedule of the employee 

13 involved not less than 14 days before the first day 

14 of the new work schedule. If the expected minimum 

15 number of work hours that a retail, food service, 

16 cleaning, or Secretary’s designated employee will be 

17 assigned changes from the number of which the em18 ployee involved was informed pursuant to paragraph 

19 (1), the employer shall also provide notification of 

20 that change, not less than 14 days in advance of the 

21 first day this change will go into effect. Nothing in 

22 this subsection shall be construed to prohibit an em23 ployer from providing greater advance notice of a re24 tail, food service, cleaning, or Secretary’s designated 


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1 employee’s work schedule than is required under this 

2 section. 

3 (3) WORK SCHEDULE CHANGES MADE WITH

4 LESS THAN 24 HOURS’ NOTICE.—An employer may 

5 make work schedule changes as needed, including by 

6 offering additional hours of work to retail, food serv7 ice, cleaning, or Secretary’s designated employees 

8 beyond those previously scheduled, but an employer 

9 shall be required to provide one extra hour of pay 

10 at the employee’s regular rate for each shift that is 

11 changed with less than 24 hours’ notice, except in 

12 the case of the need to schedule the employee due 

13 to the unforeseen unavailability of a retail, food serv14 ice, cleaning, or Secretary’s designated employee 

15 previously scheduled to work that shift. 

16 (4) NOTIFICATIONS IN WRITING.—The notifica17 tions required under paragraphs (1) and (2) shall be 

18 made to the employee involved in writing. Nothing 

19 in this subsection shall be construed as prohibiting 

20 an employer from using any additional means of no21 tifying a retail, food service, cleaning, or Secretary’s 

22 designated employee of the work schedule of the em23 ployee involved. 

24 (5) SCHEDULE POSTING REQUIREMENT.—Every 

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1 ing, or Secretary’s designated employee, subject to 

2 this Act shall post the schedule and keep it posted 

3 in a conspicuous place in every establishment where 

4 such employee is employed so as to permit the em5 ployee involved to observe readily a copy. Availability 

6 of that schedule by electronic means accessible by all 

7 retail, food service, cleaning, or Secretary’s des8 ignated employees, of that employer shall be consid9 ered compliance with this subsection. 

10 (6) EMPLOYEE SHIFT TRADING.—Nothing in 

11 this subsection shall be construed to prevent an em12 ployer from allowing a retail, food service, cleaning, 

13 or Secretary’s designated employee to work in place 

14 of another employee who has been scheduled to work 

15 a particular shift as long as the change in schedule 

16 is mutually agreed upon by the employees. An em17 ployer shall not be subject to the requirements of 

18 paragraph (2) or (3) for such voluntary shift trades. 

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

20 to an employee pursuant to subsection (a), (b), or (c)(3) 

21 (referred to in this paragraph as ‘‘additional pay’’) shall 

22 be included in the employee’s regular paycheck. The em23 ployer shall identify, in the corresponding written wage 

24 statement or pay stub, the total number of hours of addi25 tional pay provided for the pay period involved and whethVerDate Sep 11 2014 02:15 Jun 24, 2017 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 er the additional pay was due to the requirements of sub2 section (a)(1), the requirements of subsection (a)(2), the 

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

4 subsection (c)(3). 

5 (e) EXCEPTION.—The requirements in subsections 

6 (a) through (d) shall not apply during periods when reg7 ular operations of the employer are suspended due to 

8 events beyond the employer’s control. 

9 SEC. 5. PROHIBITED ACTS. 

10 (a) INTERFERENCE WITH RIGHTS.—It shall be un11 lawful for any employer to interfere with, restrain, or deny 

12 the exercise or the attempt to exercise, any right of an 

13 employee as set forth in section 3 or of a retail, food serv14 ice, cleaning, or Secretary’s designated employee as set 

15 forth in section 4. 

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

17 for any employer to discharge, threaten to discharge, de18 mote, suspend, reduce work hours of, or take any other 

19 adverse employment action against any employee in retal20 iation for exercising the rights of an employee under this 

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

22 For purposes of section 3, such retaliation shall include 

23 taking an adverse employment action against any em24 ployee on the basis of that employee’s eligibility or per25 ceived eligibility to request or receive a change in the 


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1 terms and conditions of employment, as described in such 

2 section, on the basis of a reason set forth in section 3(c). 

3 (c) INTERFERENCE WITH PROCEEDINGS OR INQUIR4 IES.—It shall be unlawful for any person to discharge or 

5 in any other manner discriminate against any individual 

6 because such individual— 

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

8 caused to be instituted any proceeding, under or re9 lated to this Act; 

10 (2) has given or is about to give, any informa11 tion in connection with any inquiry or proceeding re12 lating to any right provided under this Act; or 

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

14 inquiry or proceeding relating to any right provided 

15 under this Act. 

16 SEC. 6. REMEDIES AND ENFORCEMENT. 

17 (a) INVESTIGATIVE AUTHORITY.— 

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

19 this Act, or any regulation or order issued under 

20 this Act, the Secretary shall have, subject to para21 graph (3), the investigative authority provided under 

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

23 1938 (29 U.S.C. 211(a)). 

24 (2) OBLIGATION TO KEEP AND PRESERVE

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


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1 preserve records pertaining to compliance with this 

2 Act in accordance with regulations issued by the 

3 Secretary under section 8. 

4 (3) REQUIRED SUBMISSIONS GENERALLY LIM5 ITED TO AN ANNUAL BASIS.—The Secretary shall 

6 not under the authority of this subsection require 

7 any employer to submit to the Secretary any books 

8 or records more than once during any 12-month pe9 riod, unless the Secretary has reasonable cause to 

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

11 regulation or order issued pursuant to this Act, or 

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

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

14 any investigation provided for in this section, the 

15 Secretary shall have the subpoena authority provided 

16 for under section 9 of the Fair Labor Standards Act 

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

18 (b) CIVIL ACTION BY EMPLOYEES.— 

19 (1) LIABILITY.—Any employer who violates sec20 tion 5(a) (with respect to a right set forth in sub21 section (a), (b), or (c)(3) of section 4) or subsection 

22 (b) or (c) of section 5 (referred to in this section as 

23 a ‘‘covered provision’’) shall be liable to any em24 ployee affected for— 

25 (A) damages equal to the amount of— 


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1 (i) any wages, salary, employment 

2 benefits (as defined in section 101 of the 

3 Family and Medical Leave Act of 1993 (29 

4 U.S.C. 2611)), or other compensation de5 nied, lost, or owed to such employee by 

6 reason of the violation; or 

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

8 employment benefits (as so defined), or 

9 other compensation have not been denied, 

10 lost, or owed to the employee, any actual 

11 monetary losses sustained by the employee 

12 as a direct result of the violation; 

13 (B) interest on the amount described in 

14 subparagraph (A) calculated at the prevailing 

15 rate; 

16 (C) an additional amount as liquidated 

17 damages equal to the sum of the amount de18 scribed in subparagraph (A) and the interest 

19 described in subparagraph (B), except that if 

20 an employer who has violated a covered provi21 sion proves to the satisfaction of the court that 

22 the act or omission which violated the covered 

23 provision was in good faith and that the em24 ployer had reasonable grounds for believing that 

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1 ered provision, such court may, in the discretion 

2 of the court, reduce the amount of liability to 

3 the amount and interest determined under sub4 paragraphs (A) and (B), respectively; and 

5 (D) such equitable relief as may be appro6 priate, including employment, reinstatement, 

7 and promotion. 

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

9 the damages or equitable relief set forth in para10 graph (1) may be maintained against any employer 

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

12 court of competent jurisdiction by any one or more 

13 employees for and on behalf of— 

14 (A) the employees; or 

15 (B) the employees and other employees 

16 similarly situated. 

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

18 action shall, in addition to any judgment awarded to 

19 the plaintiff, allow a reasonable attorney’s fee, rea20 sonable expert witness fees, and other costs of the 

21 action to be paid by the defendant. 

22 (4) LIMITATIONS.—The right provided by para23 graph (2) to bring an action by or on behalf of any 

24 employee shall terminate on the filing of a complaint 

25 by the Secretary in an action under subsection (c)(3) 


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1 in which a recovery is sought of the damages de2 scribed in paragraph (1)(A) owing to an employee by 

3 an employer liable under paragraph (1) unless the 

4 action described is dismissed without prejudice on 

5 motion of the Secretary. 

6 (c) ACTIONS BY THE SECRETARY.— 

7 (1) ADMINISTRATIVE ACTION.—The Secretary 

8 shall receive, investigate, and attempt to resolve 

9 complaints of violations of this Act in the same man10 ner that the Secretary receives, investigates, and at11 tempts to resolve complaints of violations of sections 

12 6 and 7 of the Fair Labor Standards Act of 1938 

13 (29 U.S.C. 206 and 207), and may issue an order 

14 making determinations, and assessing a civil penalty 

15 described in paragraph (3) (in accordance with para16 graph (3)), with respect to such an alleged violation. 

17 (2) ADMINISTRATIVE REVIEW.—An affected 

18 person who takes exception to an order issued under 

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

20 regarding such an order by an administrative law 

21 judge. In reviewing the order, the administrative law 

22 judge may hold an administrative hearing con23 cerning the order, in accordance with the require24 ments of sections 554, 556, and 557 of title 5, 

25 United States Code. Such hearing shall be conducted 


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1 expeditiously. If no affected person requests such re2 view within 60 days after the order is issued under 

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

4 final order that is not subject to judicial review. 

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

6 and repeatedly violates— 

7 (A) paragraph (1), (2), (4), or (5) of sec8 tion 4(c), or section 4(d), shall be subject to a 

9 civil penalty in an amount to be determined by 

10 the Secretary, but not to exceed $100 per viola11 tion; and 

12 (B) subsection (b) or (c) of section 5 shall 

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

14 determined by the Secretary, but not to exceed 

15 $1,100 per violation. 

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

17 an action in any court of competent jurisdiction on 

18 behalf of aggrieved employees to— 

19 (A) restrain violations of this Act; 

20 (B) award such equitable relief as may be 

21 appropriate, including employment, reinstate22 ment, and promotion; and 

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

24 provision, recover the damages and interest deVerDate Sep 11 2014 02:15 Jun 24, 2017 Jkt 069200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 scribed in subparagraphs (A) through (C) of 

2 subsection (b)(1). 

3 (d) LIMITATION.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), an action may be brought under this sec6 tion not later than 2 years after the date of the last 

7 event constituting the alleged violation for which the 

8 action is brought. 

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

10 action brought for a willful violation of section 5, 

11 such action may be brought within 3 years of the 

12 date of the last event constituting the alleged viola13 tion for which such action is brought. 

14 (3) COMMENCEMENT.—In determining when an 

15 action is commenced by the Secretary under this 

16 section for the purposes of this subsection, it shall 

17 be considered to be commenced on the date when the 

18 complaint is filed. 

19 (e) OTHER ADMINISTRATIVE OFFICERS.— 

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

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

22 under this Act shall be exercised by the Board of Di23 rectors of the Office of Compliance. 

24 (2) PRESIDENT; MERIT SYSTEMS PROTECTION

25 BOARD.—In the case of employees described in secVerDate Sep 11 2014 02:15 Jun 24, 2017 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1386.IS S1386

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1 tion 2(9)(D), the authority of the Secretary under 

2 this Act shall be exercised by the President and the 

3 Merit Systems Protection Board. 

4 (3) OFFICE OF PERSONNEL MANAGEMENT.—In 

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

6 the authority of the Secretary under this Act shall 

7 be exercised by the Office of Personnel Management. 

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

9 employees of the Library of Congress, the authority 

10 of the Secretary under this Act shall be exercised by 

11 the Librarian of Congress. 

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

13 employees of the Government Accountability Office, 

14 the authority of the Secretary under this Act shall 

15 be exercised by the Comptroller General of the 

16 United States. 

17 SEC. 7. NOTICE AND POSTING. 

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

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

20 employer where notices to employees and applicants for 

21 employment are customarily posted, a notice, to be pre22 pared or approved by the Secretary (or the corresponding 

23 administrative officer specified in section 8) setting forth 

24 excerpts from, or summaries of, the pertinent provisions 


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

2 complaint under this Act. 

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

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

5 exceed $100 for each separate offense. 

6 SEC. 8. REGULATIONS. 

7 (a) SECRETARY OF LABOR.— 

8 (1) IN GENERAL.—Except as provided in sub9 sections (b) through (f), not later than 180 days 

10 after the date of enactment of this Act, the Sec11 retary shall issue such regulations as may be nec12 essary to implement this Act. 

13 (2) REGULATIONS REGARDING ADDITIONAL OC14 CUPATIONS TO BE COVERED.— 

15 (A) IN GENERAL.—In carrying out para16 graph (1), the Secretary shall issue regulations 

17 that specify a process the Secretary will follow 

18 to identify and designate additional occupa19 tions, for purposes of section 4(a), that are ap20 propriate for coverage under this Act. Non21 exempt employees in such occupations shall be 

22 considered to be designated employees for pur23 poses 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. 9. 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 three weeks or 

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

14 work, and using computerized scheduling soft15 ware to provide more flexible, predictable, and 

16 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 amount of fluctuation in the num18 ber of hours the employee is scheduled to work 

19 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. 10. 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, regulation, requirement, 

10 policy, or standard that provides for greater rights for em11 ployees than are required in this Act. 

12 SEC. 11. EXEMPTION. 

13 This Act shall not apply to any employee covered by 

14 a bona fide collective bargaining agreement if the terms 

15 of the collective bargaining agreement include terms that 

16 govern work scheduling practices. 

17 SEC. 12. EFFECT ON OTHER LAW. 

18 (a) IN GENERAL.—Nothing in this Act shall be con19 strued as superseding, or creating or imposing any re20 quirement in conflict with, any Federal, State, or local 

21 regulation or other law (including the Americans with Dis22 abilities Act of 1990 (42 U.S.C. 12101 et seq.), the Fam23 ily and Medical Leave Act of 1993 (29 U.S.C. 2611 et 

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

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


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1 201 et seq.), and title VII of the Civil Rights Act of 1964 

2 (42 U.S.C. 2000e et seq.)). 

3 (b) RELATIONSHIP TO COLLECTIVE BARGAINING

4 RIGHTS.—Nothing in this Act shall be construed to dimin5 ish or impair the rights of an employee under any valid 

6 collective bargaining agreement. 

Æ 


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