II 

118TH CONGRESS 

1ST SESSION S. 2851 

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 

SEPTEMBER 19, 2023 

Ms. WARREN (for herself, Mr. SANDERS, Mr. VAN HOLLEN, Ms. KLOBUCHAR, 

Mr. MERKLEY, Mr. WHITEHOUSE, Mr. DURBIN, Mr. FETTERMAN, Mr. 

BLUMENTHAL, Ms. BALDWIN, Mr. MURPHY, Ms. DUCKWORTH, Mr. 

CASEY, Mr. CARDIN, Mrs. MURRAY, Mr. BOOKER, Mr. WELCH, Ms. 

HIRONO, Mr. REED, and Mr. PADILLA) 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. Women are primary breadwinners or 

co-breadwinners in 2 8 ⁄3 of families with children in 

9 the United States. 

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

11 workforce, many workers have little notice of their 

12 work schedules and lack the ability to make changes 

13 to the work hours in such schedules, which under14 mines their ability to accommodate family respon15 sibilities. 

16 (3)(A) Mothers working in low-paid jobs are 

17 more likely to be the primary or sole breadwinner for 

18 their families than mothers working in higher-paid 

jobs. For example, nearly 7 in 10 mothers in the 1 19 ⁄5

20 of households in the United States with the lowest 

21 incomes bring home all or most of their families’ income, compared to less than 1 22 ⁄3 of their counterparts 

23 in the highest-income quintile. 

24 (B) At the same time, low-paid workers often 

25 have the least control over their work hours and face 

26 the most unpredictable schedules. In some indusVerDate Sep 11 2014 17:01 Sep 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2851.IS S2851

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1 tries, ‘‘just-in-time’’ scheduling practices, which base 

2 workers’ schedules on perceived consumer demand to 

3 minimize labor costs, are particularly common. Em4 ployers using these practices often post work sched5 ules with little notice, vary work hours widely from 

6 week to week, cancel shifts at the last minute, and 

7 schedule employees for ‘‘on call’’ shifts (requiring an 

8 employee to call in to work to find out whether the 

9 employee will have to work later that day) or 

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

11 closing shift at night followed by an opening shift a 

12 few hours later). For example, national survey data 

13 show that— 

(i) about 2 14 ⁄3 of hourly retail and food serv15 ice workers receive their work schedules with 

less than 2 weeks’ advance notice and about 1 16 ⁄3

17 receive their schedule with less than 1 week’s 

18 notice; 

19 (ii) more than 1 in 5 hourly retail and food 

20 service workers have been scheduled for on-call 

21 shifts, and more than 1 in 3 have worked 

22 ‘‘clopening’’ shifts; and 

23 (iii) 65 percent of hourly retail and food 

24 service workers would like a more stable and 

25 predictable schedule. 


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1 (4) Unfair work scheduling practices make it 

2 difficult for low-paid workers to— 

3 (A) provide necessary care for children and 

4 other family members, including securing and 

5 maintaining stable child care; 

6 (B) access and receive needed care for the 

7 workers’ own serious health conditions; 

8 (C) pursue workforce training; 

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

10 workers need to make ends meet; 

11 (E) plan for and access transportation to 

12 reach worksites; and 

13 (F) qualify for and maintain eligibility for 

14 needed public benefits and work supports, such 

15 as child care subsidies and benefits under the 

16 supplemental nutrition assistance program, due 

17 to fluctuations in income and work hours. 

18 (5) Unstable work schedules pre-date the pan19 demic and economic recession caused by COVID–19, 

20 but the harm of these workplace practices was exac21 erbated as millions of workers risked their own 

22 health and safety at jobs with few protections, vola23 tile schedules, and inadequate hours, in an effort to 

24 support themselves and their families. Employers 

25 continued to use ‘‘just-in-time’’ scheduling practices 


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1 throughout the pandemic, even as workers faced ad2 ditional caregiving challenges due to school and child 

3 care closures and quarantines. 

4 (6) A growing body of research demonstrates 

5 that unstable and unpredictable work schedules have 

6 significant detrimental impacts on sleep quality, 

7 mental health, and happiness, and are associated 

8 with unstable child care arrangements and negative 

9 health and behavioral outcomes for children. And 

10 impacts are likely to be the most severe for workers 

11 of color and their families, as workers of color are 

12 more likely than their White counterparts—even 

13 compared to White coworkers at the same com14 pany—to experience unstable work schedules. Unsta15 ble and unpredictable work schedules—and the 

16 work-family conflict they produce—are also associ17 ated with higher rates of turnover, which creates 

18 further instability for employers and workers. Some 

19 examples of the detrimental impacts of unstable and 

20 unpredictable work schedules are as follows: 

21 (A) Unstable work schedules lead to more 

22 household economic strain and time conflicts 

23 and undermine the well-being of parents, all of 

24 which can negatively impact children’s health 

25 and behavior. 


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1 (B) Workers with the most severe insta2 bility in their work schedules also face the high3 est risk of negative behavior and health out4 comes for their children. 

5 (C) The exposure of a parent to on-call 

6 shifts and last-minute shift changes are associ7 ated with more unstable child care arrange8 ments and with the use of siblings to provide 

9 care. 

10 (D) Work schedule instability causes more 

11 work-family conflict, which increases the chance 

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

13 job, and is associated with downward mobility 

14 of the earnings of the worker. 

15 (E)(i) Relative to White workers, workers 

16 of color are more likely to— 

17 (I) have cancelled shifts; 

18 (II) have on-call shifts; 

19 (III) be involuntary part-time work20 ers; 

21 (IV) have trouble getting time off; 

22 and 

23 (V) work ‘‘clopening’’ shifts, as de24 scribed in paragraph (3)(B). 


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1 (ii) The statistics described in clause (i) re2 main true after controlling for demographics, 

3 human capital, worker power, firm segregation, 

4 and discordance with the race or ethnicity of 

5 the worker and the manager. Race gaps in job 

6 quality are greater for women of color. 

7 (F) Workers who receive shorter advance 

8 notice, who work on-call shifts, who experience 

9 last-minute shift cancellation and timing 

10 changes, or who have more volatile work hours 

11 are more likely to experience hunger, residential 

12 hardships, and greater overall economic hard13 ship. 

14 (7) Unpredictable and unstable work schedules 

15 are common in a wide range of occupations, with 

16 evidence of particular concentration in food service, 

17 retail, cleaning, hospitality, and warehouse occupa18 tions. These occupations are critically important to 

19 the United States economy. 

20 (8) Employers that have implemented fair work 

21 scheduling policies that allow workers to have more 

22 control over their work schedules, and provide more 

23 predictable and stable schedules, have experienced 

24 significant benefits, including reductions in absentee25 ism and workforce turnover, and increased worker 


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1 morale and engagement. For example, when Gap 

2 Inc. piloted strategies to make work schedules more 

3 stable and predictable for employees, the Gap Inc. 

4 stores that implemented these strategies experienced 

5 higher productivity and a 7 percent increase in sales, 

6 compared to those Gap Inc. stores that did not im7 plement these strategies. 

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 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, as applicable, the 

14 corresponding administrative officer specified in 

15 section 7(e)). 

16 (2) CAREER-RELATED EDUCATIONAL OR TRAIN17 ING PROGRAM.—The term ‘‘career-related edu18 cational or training program’’ means an educational 

19 or training program or program of study offered by 

20 a public, private, or nonprofit career and technical 

21 education school, institution of higher education, or 

22 other entity that provides academic education, career 

23 and technical education, or training (including reme24 dial education or English as a second language, as 

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1 ognized postsecondary credential (as identified under 

2 section 122(d) of the Workforce Innovation and Op3 portunity Act (29 U.S.C. 3152(d)), and provides ca4 reer awareness information. The term includes a 

5 program allowable under the Workforce Innovation 

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

7 Carl D. Perkins Career and Technical Education 

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

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

10 without regard to whether or not the program is 

11 funded under the corresponding Act. 

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

13 an individual with the status of being a significant 

14 provider of— 

15 (A) ongoing care or education, including 

16 responsibility for securing the ongoing care or 

17 education, of a child; or 

18 (B) ongoing care, including responsibility 

19 for securing the ongoing care, of— 

20 (i) a person with a serious health con21 dition who is in a family relationship with 

22 the individual; or 

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

24 age 65 or older. 


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1 (4) CHILD.—The term ‘‘child’’ means, regard2 less of age, a biological, adopted, or foster child, a 

3 stepchild, a child of a domestic partner, a legal 

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

5 parentis to that child. 

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 (10)(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 (10)(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 (10)(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) COVERED SECTOR EMPLOYEE.—The term 

24 ‘‘covered sector employee’’ means— 


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1 (A) a nonexempt employee who is em2 ployed in a hospitality establishment, in a ware3 house establishment, or in any of the following 

4 occupations, as described by the Bureau of 

5 Labor Statistics Standard Occupational Classi6 fication System (as in effect on the day before 

7 the date of enactment of this Act)— 

8 (i) retail sales occupations consisting 

9 of occupations described in 41–1010 and 

10 41–2000, and all subdivisions thereof, of 

11 such System, which includes first-line su12 pervisors of sales workers, cashiers, gam13 bling change persons and booth cashiers, 

14 counter and rental clerks, parts sales15 persons, and retail salespersons; 

16 (ii) food preparation and serving re17 lated occupations as described in 35–0000, 

18 and all subdivisions thereof, of such Sys19 tem, which includes supervisors of food 

20 preparation and serving workers, cooks 

21 and food preparation workers, food and 

22 beverage serving workers, and other food 

23 preparation and serving related workers; or 

24 (iii) cleaning occupations as described 

25 in 37–2011, 37–2012, and 37–2019 of 


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1 such System, which includes janitors and 

2 cleaners, maids and housekeeping cleaners, 

3 and building cleaning workers; or 

4 (B) a nonexempt employee who is em5 ployed in any occupation that is designated by 

6 the Secretary under section 9(a)(2)(A) as ap7 propriate for coverage under section 4. 

8 (8) DOMESTIC PARTNER.—The term ‘‘domestic 

9 partner’’ means the individual recognized as being in 

10 a relationship with an employee under any domestic 

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

12 or political subdivision of a State in which the em13 ployee resides. 

14 (9) EMPLOY.—The term ‘‘employ’’ has the 

15 meaning given the term in section 3 of the Fair 

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

17 (10) EMPLOYEE.—The term ‘‘employee’’ means 

18 an individual who is— 

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

20 of the Fair Labor Standards Act of 1938 (29 

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

22 subparagraphs (B) through (G); 

23 (B) a State employee described in section 

24 304(a) of the Government Employee Rights Act 

25 of 1991 (42 U.S.C. 2000e–16c(a)); 


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1 (C) a covered employee, as defined in sec2 tion 101 of the Congressional Accountability 

3 Act of 1995 (2 U.S.C. 1301), other than an ap4 plicant for employment; 

5 (D) a covered employee, as defined in sec6 tion 411(c) of title 3, United States Code; 

7 (E) a Federal officer or employee covered 

8 under subchapter V of chapter 63 of title 5, 

9 United States Code; 

10 (F) an employee of the Library of Con11 gress; or 

12 (G) an employee of the Government Ac13 countability Office. 

14 (11) EMPLOYER.—The term ‘‘employer’’ means 

15 a person— 

16 (A) who is— 

17 (i) a covered employer, as defined in 

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

19 of clauses (ii) through (vii); 

20 (ii) an entity employing a State em21 ployee described in section 304(a) of the 

22 Government Employee Rights Act of 1991; 

23 (iii) an employing office, as defined in 

24 section 101 of the Congressional Account25 ability Act of 1995; 


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1 (iv) an employing office, as defined in 

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

3 Code; 

4 (v) an employing agency covered 

5 under subchapter V of chapter 63 of title 

6 5, United States Code; 

7 (vi) the Librarian of Congress; or 

8 (vii) the Comptroller General of the 

9 United States; and 

10 (B) who is engaged in commerce (including 

11 government), in the production of goods for 

12 commerce, or in an enterprise engaged in com13 merce (including government) or in the produc14 tion of goods for commerce. 

15 (12) FAMILY RELATIONSHIP.—The term ‘‘fam16 ily relationship’’ means a relationship with— 

17 (A) a child, spouse, domestic partner, par18 ent, grandchild, grandparent, sibling, or parent 

19 of a spouse or domestic partner; or 

20 (B) any individual related to the employee 

21 involved by blood or affinity, whose close asso22 ciation with the employee is the equivalent of a 

23 family relationship described in subparagraph 

24 (A). 


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

2 means the child of a child. 

3 (14) GRANDPARENT.—The term ‘‘grandparent’’ 

4 means the parent of a parent. 

5 (15) HOSPITALITY ESTABLISHMENT.—The 

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

7 motel, inn, or similar transient lodging establish8 ment. 

9 (16) MINIMUM NUMBER OF EXPECTED WORK

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

11 work hours’’ means the minimum number of hours 

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

13 monthly basis. 

14 (17) NONEXEMPT EMPLOYEE.—The term ‘‘non15 exempt employee’’ means an employee who is not 

16 employed in a bona fide executive, administrative, or 

17 professional capacity, as defined for purposes of sec18 tion 13(a)(1) of the Fair Labor Standards Act of 

19 1938 (29 U.S.C. 213(a)(1)). 

20 (18) ON-CALL SHIFT.—The term ‘‘on-call shift’’ 

21 means any time during which an employer requires 

22 an employee to— 

23 (A) be available to work; and 

24 (B) contact the employer or the designee 

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


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1 employer or designee, to determine whether the 

2 employee is required to report to work at that 

3 time. 

4 (19) PARENT.—The term ‘‘parent’’ means a bi5 ological or adoptive parent, a stepparent, or a person 

6 who stood in a parental relationship to an employee 

7 when the employee was a child. 

8 (20) PARENTAL RELATIONSHIP.—The term 

9 ‘‘parental relationship’’ means a relationship in 

10 which a person assumed the obligations incident to 

11 parenthood for a child and discharged those obliga12 tions before the child reached adulthood. 

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

14 means the Secretary of Labor. 

15 (22) SERIOUS HEALTH CONDITION.—The term 

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

17 the term in section 101 of the Family and Medical 

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

19 (23) SIBLING.—The term ‘‘sibling’’ means a 

20 brother or sister, whether related by half blood, 

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

22 (24) SPLIT SHIFT.—The term ‘‘split shift’’ 

23 means a schedule of daily hours in which the hours 

24 worked are not consecutive, except that— 


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

2 for meals does not exceed one hour shall not be 

3 treated as a split shift; and 

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

5 employee’s work shift is requested by the em6 ployee shall not be treated as a split shift. 

7 (25) SPOUSE.—The term ‘‘spouse’’ means a 

8 person with whom an individual entered into— 

9 (A) a marriage as defined or recognized 

10 under State law in the State in which the mar11 riage was entered into; or 

12 (B) in the case of a marriage entered into 

13 outside of any State, a marriage that is recog14 nized in the place where entered into and could 

15 have been entered into in at least 1 State. 

16 (26) STATE.—The term ‘‘State’’ has the mean17 ing given the term in section 3 of the Fair Labor 

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

19 (27) WAREHOUSE ESTABLISHMENT.—The term 

20 ‘‘warehouse establishment’’ means any business that 

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

22 commodities for hire or compensation, and, in con23 nection with such storage, may include the loading, 

24 packing, sorting, stacking, wrapping, distribution, or 

25 delivery of those goods, wares, or commodities. 


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1 (28) WORK SCHEDULE.—The term ‘‘work 

2 schedule’’ means all of an employee’s work shifts 

3 and on-call shifts, including specific start and end 

4 times for each shift, during a consecutive 7-day pe5 riod. 

6 (29) WORK SCHEDULE CHANGE.—The term 

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

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

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

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

11 employer. 

12 (30) WORK SHIFT.—The term ‘‘work shift’’ 

13 means the specific hours of the workday during 

14 which an employee works. 

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

16 PREDICTABLE, OR STABLE WORK SCHEDULE. 

17 (a) RIGHT TO REQUEST.—An employee may request 

18 from their employer a change in the terms and conditions 

19 of employment as they relate to factors including— 

20 (1) the number of hours the employee is re21 quired to work or be on call for work; 

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

23 work or be on call for work; 

24 (3) the location where the employee is required 

25 to work; 


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1 (4) the amount of notification the employee re2 ceives of work schedule assignments; and 

3 (5) minimizing fluctuations in the number of 

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

5 weekly, or monthly basis. 

6 (b) EMPLOYER OBLIGATION TO ENGAGE IN AN

7 INTERACTIVE PROCESS.— 

8 (1) IN GENERAL.—If an employee requests a 

9 change in the terms and conditions of employment 

10 as set forth in subsection (a), the employer shall en11 gage in a timely, good-faith interactive process with 

12 the employee that includes a discussion of potential 

13 schedule changes that would meet the employee’s 

14 needs. 

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

16 (A) subject to subsections (c) and (d), ei17 ther granting or denying the request; and 

18 (B) in the event of a denial— 

19 (i) considering alternatives to the pro20 posed change that might meet the employ21 ee’s needs and granting or denying a re22 quest for an alternative change in the 

23 terms and conditions of employment as set 

24 forth in subsection (a); and 


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1 (ii) stating the reason for denial, in2 cluding whether any such reason is a bona 

3 fide business reason. 

4 (3) INFORMATION.—If information provided by 

5 the employee making a request under this section re6 quires clarification, the employer shall explain what 

7 further information is needed and give the employee 

8 reasonable time to produce the information. 

9 (c) REQUESTS RELATED TO SERIOUS HEALTH CON10 DITION, CAREGIVING, ENROLLMENT IN EDUCATION OR

11 TRAINING, OR A SECOND JOB.—If an employee makes a 

12 request for a change in the terms and conditions of em13 ployment as set forth in subsection (a), specifying that the 

14 request is because of the employee’s serious health condi15 tion, the employee’s responsibilities as a caregiver, the em16 ployee’s enrollment in a career-related educational or 

17 training program, or a reason related to the employee’s 

18 second job, the employer shall grant the request, unless 

19 the employer has a bona fide business reason for denying 

20 the request. 

21 (d) OTHER REQUESTS.—If an employee makes a re22 quest for a change in the terms and conditions of employ23 ment as set forth in subsection (a), for a reason other than 

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

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


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1 the employer denies such a request, the employer shall 

2 provide the employee with the reason for the denial, in3 cluding whether any such reason is a bona fide business 

4 reason. 

5 SEC. 4. REQUIREMENTS FOR ADVANCE NOTICE OF WORK 

6 SCHEDULES, PREDICTABILITY PAY, AND 

7 SPLIT SHIFT PAY FOR COVERED SECTOR EM8 PLOYEES. 

9 (a) ADVANCE NOTICE REQUIREMENT.— 

10 (1) PROVIDING NOTICE OF WORK SCHED11 ULES.— 

12 (A) IN GENERAL.—An employer shall pro13 vide a covered sector employee with the work 

14 schedule of the employee— 

15 (i) not less than 14 days before the 

16 first day of such work schedule; or 

17 (ii) in the case of a new covered sector 

18 employee on or before the first day of work 

19 of such employee. 

20 (B) COMPENSATION FOR FAILURE TO PRO21 VIDE NOTICE OF WORK SCHEDULE.—An em22 ployer that violates subparagraph (A) shall 

23 compensate each affected employee in the 

24 amount of $75 per day that a work schedule is 

25 not provided in violation of such subparagraph. 


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1 (C) WORK SCHEDULE CHANGE.—An em2 ployer may make a work schedule change for 

3 the work schedule of a covered sector employee 

4 provided in accordance with subparagraph (A) 

5 if— 

6 (i) such work schedule change is made 

7 not less than 14 days prior to the first day 

8 on which the change is to take effect; or 

9 (ii) the employer provides predict10 ability pay for such change in accordance 

11 with subsection (b). 

12 (D) MINIMUM EXPECTED WORK HOURS.— 

13 (i) IN GENERAL.—An employer shall 

14 inform a covered sector employee of an es15 timate of the minimum number of expected 

16 work hours the employee will be assigned 

17 to work per month for the following 12- 

18 month period— 

19 (I) in the case of a new covered 

20 sector employee, on or before the first 

21 day of work of such employee; or 

22 (II) in the case of a covered sec23 tor employee who is employed by the 

24 employer on the date of enactment of 


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1 this Act, not later than 90 days after 

2 such date. 

3 (ii) UPDATING MINIMUM EXPECTED

4 WORK HOURS.—An employer shall, not less 

5 than once each year, provide each covered 

6 sector employee an updated estimate of the 

7 minimum number of expected work hours 

8 the employee will be assigned to work per 

9 month for the following 12-month period. 

10 Such a revised estimate shall be provided 

11 not later than the earlier of (as applica12 ble)— 

13 (I) 1 year after the date on which 

14 the estimate was provided under 

15 clause (i) or the most recent update of 

16 an estimate was provided under this 

17 clause; or 

18 (II) the day before the effective 

19 date of a significant change to the 

20 minimum expected work hours of the 

21 employee due to changes in the avail22 ability of the employee or to the busi23 ness needs of the employer. 

24 (2) NOTIFICATIONS IN WRITING.—The notifica25 tions required under subparagraphs (A) and (D) of 


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1 paragraph (1) shall be made to the employee in2 volved in writing. 

3 (3) SCHEDULE POSTING REQUIREMENT.— 

4 (A) IN GENERAL.—An employer shall post 

5 a copy of the work schedule of each covered sec6 tor employee in a conspicuous place that is 

7 readily accessible and visible to all covered sec8 tor employees at the workplace. Posting by elec9 tronic means accessible to all covered sector em10 ployees shall be considered compliance with this 

11 subparagraph. At the request of an employee, 

12 the employer shall carry out the posting so that 

13 the identity of the employee is not readily iden14 tifiable from the schedules posted. 

15 (B) RIGHT TO DECLINE.—A covered sector 

16 employee may decline, without penalty, to work 

17 any hours not included in the work schedule 

18 posted under subparagraph (A) as work hours 

19 for the covered sector employee. 

20 (C) CONSENT.—Except as described in 

21 subsection (b)(2), if a covered sector employee 

22 voluntarily consents to work any hours not 

23 posted under subparagraph (A), such consent 

24 must be recorded in writing. 


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1 (4) 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 covered sector employee 

6 than is required under this subsection; or 

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

8 written means required under paragraph (2), of 

9 notifying a covered sector employee of the work 

10 schedule of the employee. 

11 (b) PREDICTABILITY PAY FOR WORK SCHEDULE

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

13 (1) IN GENERAL.—Except as provided in para14 graph (2), for each work schedule change provided 

15 to a covered sector employee that occurs less than 

16 14 days prior to the first day on which the change 

17 is to take effect, the employer of the affected em18 ployee shall be required to provide the affected em19 ployee with pay (referred to in this subsection as 

20 ‘‘predictability pay’’) at the following rates: 

21 (A) The covered sector employee’s regular 

22 rate of pay per hour that the employee works 

23 plus one additional hour at such regular rate 

24 per work schedule change if the employer— 


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1 (i) adds any hours to the hours the 

2 employee is scheduled to work under sub3 section (a); or 

4 (ii) changes the date, time, or location 

5 of the work shift the employee is scheduled 

6 to work under subsection (a) with no loss 

7 of hours. 

(B) Not less than 1 8 ⁄2 times the covered sec9 tor employee’s regular rate of pay per hour for 

10 any hour that the employee is scheduled to 

11 work under subsection (a) and does not work 

12 due to the employer reducing or canceling such 

13 scheduled hours of work. 

14 (2) EXCEPTIONS TO PREDICTABILITY PAY.—An 

15 employer shall not be required to pay predictability 

16 pay under paragraph (1), or to obtain written con17 sent pursuant to subsection (a)(3)(C), under any of 

18 the following circumstances: 

19 (A) A covered sector employee requests a 

20 shift change in writing, including through the 

21 use of sick leave, vacation leave, or any other 

22 leave policy offered by the employer. 

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

24 mutually agreed upon shift trade or coverage 

25 arrangement between covered sector employees, 


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1 subject to any policy of the employer regarding 

2 required conditions for employees to exchange 

3 shifts. 

4 (C) The employer’s operations cannot 

5 begin or continue due to— 

6 (i) a threat to the property of an em7 ployee or the employer; 

8 (ii) the failure of a public utility or 

9 the shutdown of public transportation; 

10 (iii) a fire, flood, or other natural dis11 aster; 

12 (iv) a state of emergency declared by 

13 the President of the United States or by 

14 the governor of the State, or the mayor of 

15 the city, in which the operations are lo16 cated; or 

17 (v) a severe weather condition that 

18 poses a threat to employee safety. 

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

20 shall pay a covered sector employee for 1 additional hour 

21 at the employee’s regular rate of pay for each day during 

22 which the employee works a split shift. 

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

24 to an employee pursuant to subsection (a), (b), or (c) (re25 ferred to in this subsection as ‘‘additional pay’’) shall be 


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

2 shall identify, in the corresponding written wage statement 

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

4 provided for the pay period involved and whether the addi5 tional pay was due to the requirements of subsection (a), 

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

7 of subsection (c). 

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

9 (a) IN GENERAL.—An employee of a covered em10 ployer may decline, without penalty, to work any work 

11 shift or on-call shift that is scheduled or otherwise oc12 curs— 

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

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

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

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

17 (b) CONSENT.— 

18 (1) IN GENERAL.—An employee may consent to 

19 work a shift as described in subsection (a), if the 

20 covered employer obtains the employee’s consent in 

21 writing. Such consent may be for each such shift or 

22 for multiple shifts. 

23 (2) REVOCATION.—An employee may revoke the 

24 consent provided under paragraph (1), in writing, at 

25 any time during the employment. 


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1 (c) COMPENSATION.—For each instance that an em2 ployee of a covered employer works a shift described in 

3 subsection (a), the covered employer shall compensate the 

4 employee at 1.5 times the employee’s scheduled rate of pay 

5 for the hours worked that are less than 11 hours apart 

6 from the hours worked during the previous shift. 

7 SEC. 6. PROHIBITED ACTS. 

8 (a) INTERFERENCE WITH RIGHTS.—It shall be un9 lawful for any employer to interfere with, restrain, or deny 

10 the exercise or the attempt to exercise, any right provided 

11 under section 3, 4, or 5. 

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

13 for any employer to discharge, threaten to discharge, de14 mote, suspend, reduce work hours of, or take any other 

15 adverse employment action against any employee in retal16 iation for exercising the rights of an employee under this 

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

18 For purposes of section 3, such retaliation shall include 

19 taking an adverse employment action against any em20 ployee on the basis of that employee’s request for a change 

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

22 or perceived eligibility to request or receive a change in 

23 the terms and conditions of employment, as described in 

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

25 3(c). 


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1 (c) INTERFERENCE WITH PROCEEDINGS OR INQUIR2 IES.—It shall be unlawful for any person to discharge or 

3 in any other manner discriminate against any individual 

4 because such individual— 

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

6 caused to be instituted any proceeding, under or re7 lated to this Act; 

8 (2) has given or is about to give, any informa9 tion in connection with any inquiry or proceeding re10 lating to any right provided under this Act; or 

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

12 inquiry or proceeding relating to any right provided 

13 under this Act. 

14 SEC. 7. REMEDIES AND ENFORCEMENT. 

15 (a) INVESTIGATIVE AUTHORITY.— 

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

17 this Act, or any regulation or order issued under 

18 this Act, the Secretary shall have, subject to para19 graph (3), the investigative authority provided under 

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

21 1938 (29 U.S.C. 211(a)). 

22 (2) OBLIGATION TO KEEP AND PRESERVE

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

24 preserve records pertaining to compliance with this 


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1 Act in accordance with regulations issued by the 

2 Secretary under section 9. 

3 (3) REQUIRED SUBMISSIONS GENERALLY LIM4 ITED TO AN ANNUAL BASIS.—The Secretary shall 

5 not require, under the authority of this subsection, 

6 any employer to submit to the Secretary any books 

7 or records more than once during any 12-month pe8 riod, unless the Secretary has reasonable cause to 

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

10 regulation or order issued pursuant to this Act, or 

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

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

13 any investigation provided for in this section, the 

14 Secretary shall have the subpoena authority provided 

15 for under section 9 of the Fair Labor Standards Act 

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

17 (b) CIVIL ACTION BY EMPLOYEES.— 

18 (1) LIABILITY.— 

19 (A) IN GENERAL.—Any employer who vio20 lates subsection (a) of section 6 (with respect to 

21 a right provided under section 3 or 5 or sub22 section (a), (b), or (c) of section 4) or sub23 section (b) or (c) of such section (each such 

24 provision referred to in this section as a ‘‘covVerDate Sep 11 2014 17:01 Sep 24, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2851.IS S2851

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1 ered provision’’) shall be liable to any employee 

2 affected for— 

3 (i) damages equal to the amount of— 

4 (I) any wages, salary, employ5 ment benefits (as defined in section 

6 101 of the Family and Medical Leave 

7 Act of 1993 (29 U.S.C. 2611)), or 

8 other compensation denied, lost, or 

9 owed to such employee by reason of 

10 the violation; or 

11 (II) in a case in which wages, 

12 salary, employment benefits (as so de13 fined), or other compensation have 

14 not been denied, lost, or owed to the 

15 employee, any actual monetary losses 

16 sustained by the employee as a direct 

17 result of the violation; 

18 (ii) interest on the amount described 

19 in clause (i) calculated at the prevailing 

20 rate; 

21 (iii) except as described in subpara22 graph (B), an additional amount as liq23 uidated damages equal to the sum of the 

24 amount described in clause (i) and the in25 terest described in clause (ii); and 


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1 (iv) such equitable relief as may be 

2 appropriate, including employment, rein3 statement, and promotion. 

4 (B) EXCEPTION FOR LIQUIDATED DAM5 AGES.—If an employer who has violated a cov6 ered provision proves to the satisfaction of the 

7 court that the act or omission which violated 

8 the covered provision was in good faith and that 

9 the employer had reasonable grounds for believ10 ing that the act or omission was not a violation 

11 of a covered provision, such court may, in the 

12 discretion of the court, waive such liquidated 

13 damages. 

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

15 the damages, interest, or equitable relief set forth in 

16 paragraph (1) may be maintained against any em17 ployer (including a public agency) in any Federal or 

18 State court of competent jurisdiction by any one or 

19 more employees for and on behalf of— 

20 (A) the employees; or 

21 (B) the employees and any other employees 

22 similarly situated. 

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

24 action shall, in addition to any judgment awarded to 

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1 sonable expert witness fees, and other costs of the 

2 action to be paid by the defendant. 

3 (4) LIMITATIONS.—The right provided by para4 graph (2) to bring an action by or on behalf of any 

5 employee shall terminate on the filing of a complaint 

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

7 in which a recovery is sought of the damages, inter8 est, or equitable relief described in paragraph (1)(A) 

9 owing to an employee by an employer liable under 

10 paragraph (1) unless the action described is dis11 missed without prejudice on motion of the Secretary. 

12 (c) ACTIONS BY THE SECRETARY.— 

13 (1) ADMINISTRATIVE ACTION.—The Secretary 

14 shall receive, investigate, and attempt to resolve 

15 complaints of violations of this Act in the same man16 ner that the Secretary receives, investigates, and at17 tempts to resolve complaints of violations of sections 

18 6 and 7 of the Fair Labor Standards Act of 1938 

19 (29 U.S.C. 206 and 207), and may issue an order 

20 making determinations, and assessing a civil penalty 

21 described in paragraph (3) (in accordance with para22 graph (3)), with respect to such an alleged violation. 

23 (2) ADMINISTRATIVE REVIEW.—An affected 

24 person who takes exception to an order issued under 

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


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1 regarding such an order by an administrative law 

2 judge. In reviewing the order, the administrative law 

3 judge may hold an administrative hearing con4 cerning the order, in accordance with the require5 ments of sections 554, 556, and 557 of title 5, 

6 United States Code. Such hearing shall be conducted 

7 expeditiously. If no affected person requests such re8 view within 60 days after the order is issued under 

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

10 final order that is not subject to judicial review. 

11 (3) CIVIL PENALTY.— 

12 (A) IN GENERAL.—An employer who will13 fully and repeatedly violates— 

14 (i) section 4 or 5 shall be subject to 

15 a civil penalty in an amount per violation 

16 that is not less than $500 and not more 

17 than $1,000; or 

18 (ii) subsection (b) or (c) of section 6 

19 shall be subject to a civil penalty in an 

20 amount per violation that is not less than 

21 $1,100 and not more than $5,000. 

22 (B) WILLFULLY AND REPEATEDLY.—For 

23 purposes of subparagraph (A): 


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1 (i) REPEATEDLY.—The term ‘‘repeat2 edly’’, with respect to a violation, means 2 

3 or more such violations. 

4 (ii) WILLFULLY.—The term ‘‘will5 fully’’, with respect to a violation, means 

6 such a violation for which, based on all of 

7 the facts and circumstances surrounding 

8 the violation, an employer— 

9 (I) knew that its conduct was 

10 prohibited by, as applicable, section 4 

11 or 5 or subsection (b) or (c) of section 

12 6; or 

13 (II) showed reckless disregard for 

14 the requirements of, as applicable, 

15 section 4 or 5 or subsection (b) or (c) 

16 of section 6. 

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

18 an action in any court of competent jurisdiction on 

19 behalf of aggrieved employees to— 

20 (A) restrain violations of this Act; 

21 (B) award such equitable relief as may be 

22 appropriate, including employment, reinstate23 ment, and promotion; and 

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

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1 scribed in clauses (i) through (iii) of subsection 

2 (b)(1)(A). 

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 6, 

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 or by an em16 ployee under this section for the purposes of this 

17 subsection, it shall be considered to be commenced 

18 on the date when the complaint is filed. 

19 (e) OTHER ADMINISTRATIVE OFFICERS.— 

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

21 in section 2(10)(C), the authority of the Secretary 

22 under this Act shall be exercised by the Board of Di23 rectors of the Office of Congressional Workplace 

24 Rights. 


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1 (2) PRESIDENT; MERIT SYSTEMS PROTECTION

2 BOARD.—In the case of employees described in sec3 tion 2(10)(D), the authority of the Secretary under 

4 this Act shall be exercised by the President and the 

5 Merit Systems Protection Board. 

6 (3) OFFICE OF PERSONNEL MANAGEMENT.—In 

7 the case of employees described in section 2(10)(E), 

8 the authority of the Secretary under this Act shall 

9 be exercised by the Office of Personnel Management. 

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

11 employees of the Library of Congress, the authority 

12 of the Secretary under this Act shall be exercised by 

13 the Librarian of Congress. 

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

15 employees of the Government Accountability Office, 

16 the authority of the Secretary under this Act shall 

17 be exercised by the Comptroller General of the 

18 United States. 

19 SEC. 8. NOTICE AND POSTING. 

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

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

22 employer where notices to employees and applicants for 

23 employment are customarily posted, a notice, to be pre24 pared or approved by the Secretary (or, as applicable, the 

25 corresponding administrative officer specified in section 


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1 7(e)) setting forth excerpts from, or summaries of, the 

2 pertinent provisions of this Act and information pertaining 

3 to the filing of a complaint under this Act. 

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

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

6 exceed $100 for each separate offense. 

7 SEC. 9. REGULATIONS. 

8 (a) SECRETARY OF LABOR.— 

9 (1) IN GENERAL.—Except as provided in sub10 sections (b) through (f), not later than 180 days 

11 after the date of enactment of this Act, the Sec12 retary shall issue such regulations as may be nec13 essary to implement this Act. 

14 (2) REGULATIONS REGARDING ADDITIONAL OC15 CUPATIONS TO BE COVERED.— 

16 (A) IN GENERAL.—In carrying out para17 graph (1), the Secretary shall issue regulations 

18 that specify a process the Secretary will follow, 

19 in accordance with subparagraph (B), to iden20 tify and designate occupations in addition to re21 tail, food service, cleaning, hospitality, or ware22 house occupations that are appropriate for cov23 erage under section 4. 

24 (B) CRITERIA.—The regulations under 

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1 retary shall so designate an additional occupa2 tion— 

3 (i) in which not less than 10 percent 

4 of workers employed in the occupation gen5 erally— 

6 (I) receive advance notice of their 

7 work schedules less than 14 days be8 fore the first day of the work sched9 ules; or 

10 (II) experience fluctuations in the 

11 number of hours the employees are 

12 scheduled to work on a daily, weekly, 

13 or monthly basis; or 

14 (ii) for which the Secretary deter15 mines such designation is appropriate. 

16 (C) DATA REVIEW.—In issuing regulations 

17 under subparagraph (A), the Secretary shall 

18 specify the process by which the Department of 

19 Labor will review data from stakeholders, and 

20 data collected or generated by the Department, 

21 in designating occupations. 

22 (b) BOARD.— 

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

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

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1 place Rights shall issue such regulations as may be 

2 necessary to implement this Act with respect to em3 ployees described in section 2(10)(C). The proce4 dures applicable to regulations of the Board issued 

5 for the implementation of the Congressional Ac6 countability Act of 1995 (2 U.S.C. 1301 et seq.), 

7 prescribed in section 304 of that Act (2 U.S.C. 

8 1384), shall be the procedures applicable to regula9 tions issued under this subsection. 

10 (2) CONSIDERATION.—In prescribing the regu11 lations, the Board shall take into consideration the 

12 enforcement and remedies provisions concerning the 

13 Office, and applicable to rights and protections 

14 under the Family and Medical Leave Act of 1993 

15 (29 U.S.C. 2601 et seq.), under the Congressional 

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

17 (3) MODIFICATIONS.—The regulations issued 

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

19 the same as substantive regulations issued by the 

20 Secretary to implement this Act, except to the extent 

21 that the Board may determine, for good cause 

22 shown and stated together with the regulations 

23 issued by the Board, that a modification of such 

24 substantive regulations would be more effective for 

25 the implementation of the rights and protections 


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1 under this Act with respect to the employees de2 scribed in section 2(10)(C). 

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(10)(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 


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1 under this Act with respect to the employees de2 scribed in section 2(10)(D). 

3 (d) OFFICE OF PERSONNEL MANAGEMENT.— 

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

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

6 of Personnel Management shall issue such regula7 tions as may be necessary to implement this Act 

8 with respect to employees described in section 

9 2(10)(E). 

10 (2) CONSIDERATION.—In prescribing the regu11 lations, the Office shall take into consideration the 

12 enforcement and remedies provisions concerning the 

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

14 United States Code. 

15 (3) MODIFICATIONS.—The regulations issued 

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

17 the same as substantive regulations issued by the 

18 Secretary to implement this Act, except to the extent 

19 that the Office may determine, for good cause shown 

20 and stated together with the regulations issued by 

21 the Office, that a modification of such substantive 

22 regulations would be more effective for the imple23 mentation of the rights and protections under this 

24 Act with respect to the employees described in sec25 tion 2(10)(E). 


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1 (e) LIBRARIAN OF CONGRESS.— 

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

3 after the date of enactment of this Act, the Librar4 ian of Congress shall issue such regulations as may 

5 be necessary to implement this Act with respect to 

6 employees of the Library of Congress. 

7 (2) CONSIDERATION.—In prescribing the regu8 lations, the Librarian shall take into consideration 

9 the enforcement and remedies provisions concerning 

10 the Librarian of Congress under title I of the Fam11 ily and Medical Leave Act of 1993 (29 U.S.C. 2611 

12 et seq.). 

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 Librarian may determine, for good cause 

18 shown and stated together with the regulations 

19 issued by the Librarian, that a modification of such 

20 substantive regulations would be more effective for 

21 the implementation of the rights and protections 

22 under this Act with respect to employees of the Li23 brary of Congress. 

24 (f) COMPTROLLER GENERAL.— 


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

2 after the date of enactment of this Act, the Comp3 troller General shall issue such regulations as may 

4 be necessary to implement this Act with respect to 

5 employees of the Government Accountability Office. 

6 (2) CONSIDERATION.—In prescribing the regu7 lations, the Comptroller General shall take into con8 sideration the enforcement and remedies provisions 

9 concerning the Comptroller General under title I of 

10 the Family and Medical Leave Act of 1993 (29 

11 U.S.C. 2611 et seq.). 

12 (3) MODIFICATIONS.—The regulations issued 

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

14 the same as substantive regulations issued by the 

15 Secretary to implement this Act, except to the extent 

16 that the Comptroller General may determine, for 

17 good cause shown and stated together with the regu18 lations issued by the Comptroller General, that a 

19 modification of such substantive regulations would 

20 be more effective for the implementation of the 

21 rights and protections under this Act with respect to 

22 employees of the Government Accountability Office. 


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1 SEC. 10. RESEARCH, EDUCATION, AND TECHNICAL ASSIST2 ANCE PROGRAM AND SURVEYS. 

3 (a) IN GENERAL.—The Secretary shall provide infor4 mation and technical assistance to employers, labor orga5 nizations, and the general public concerning compliance 

6 with this Act. 

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

8 this Act— 

9 (1) the Secretary, acting through the Adminis10 trator of the Wage and Hour Division of the Depart11 ment of Labor, shall issue guidance on compliance 

12 with this Act regarding providing a flexible, predict13 able, or stable work environment through changes in 

14 the terms and conditions of employment as provided 

15 in section 3(a); and 

16 (2) the Secretary shall carry on a continuing 

17 program of research, education, and technical assist18 ance, including— 

19 (A)(i) conducting pilot programs that im20 plement fairer work schedules, including by pro21 moting cross training, providing 3 weeks or 

22 more advance notice of schedules, providing em23 ployees with a minimum number of hours of 

24 work, and using electronic workforce manage25 ment systems to provide more flexible, predict26 able, and stable schedules for employees; and 


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1 (ii) evaluating the results of such pilot pro2 grams for employees, employee’s families, and 

3 employers; 

4 (B) publishing and otherwise making avail5 able to employers, labor organizations, profes6 sional associations, educational institutions, the 

7 various communication media, and the general 

8 public the findings of studies regarding fair 

9 work scheduling policies and other materials for 

10 promoting compliance with this Act; 

11 (C) sponsoring and assisting State and 

12 community informational and educational pro13 grams; and 

14 (D) providing technical assistance to em15 ployers, labor organizations, professional asso16 ciations, and other interested persons on means 

17 of achieving and maintaining compliance with 

18 the provisions of this Act. 

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

20 acting through the Commissioner of the Bureau of Labor 

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

22 shall— 

23 (1) include in the Current Population Survey 

24 questions on— 


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1 (A) the magnitude of fluctuation in the 

2 number of hours the employee is scheduled to 

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

4 (B) the extent of advance notice an em5 ployee receives of the employee’s work schedule; 

6 (C) the extent to which an employee has 

7 input in the employee’s work schedule; and 

8 (D) the number of hours that an employee 

9 would prefer to work, relative to the number of 

10 hours the employee is currently working; and 

11 (2) at regular intervals, update and conduct the 

12 Contingent Worker Supplement, the Work Schedules 

13 and Work at Home Supplement, and other relevant 

14 supplements (as determined by the Secretary), to 

15 the Current Population Survey and the American 

16 Time Use Survey. 

17 SEC. 11. RIGHTS RETAINED BY EMPLOYEES. 

18 This Act provides minimum requirements and shall 

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

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

21 standard that provides for greater rights for employees 

22 than are required in this Act. 

23 SEC. 12. EXEMPTION. 

24 This Act shall not apply to any employee covered by 

25 a valid collective bargaining agreement if— 


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1 (1) the terms of the collective bargaining agree2 ment include terms that govern work scheduling 

3 practices; and 

4 (2) the provisions of this Act are expressly 

5 waived in such collective bargaining agreement. 

6 SEC. 13. EFFECT ON OTHER LAW. 

7 (a) IN GENERAL.—Nothing in this Act shall be con8 strued as superseding, or creating or imposing any re9 quirement in conflict with, any Federal, State, or local 

10 regulation or other law (including the Americans with Dis11 abilities Act of 1990 (42 U.S.C. 12101 et seq.), the Fam12 ily and Medical Leave Act of 1993 (29 U.S.C. 2601 et 

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

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

15 201 et seq.), and title VII of the Civil Rights Act of 1964 

16 (42 U.S.C. 2000e et seq.)). 

17 (b) RELATIONSHIP TO COLLECTIVE BARGAINING

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

19 be construed to diminish or impair the rights of an em20 ployee under any valid collective bargaining agreement. 

Æ 


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