I 

114TH CONGRESS 

1ST SESSION H. R. 3071 

To permit employees to request changes to their work schedules without 

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

and to require employers to provide more predictable and stable schedules 

for employees in certain occupations with evidence of unpredictable and 

unstable scheduling practices that negatively affect employees, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2015 

Ms. DELAURO (for herself, Mr. SCOTT of Virginia, Ms. ADAMS, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BRADY of Pennsylvania, Mr. CARTWRIGHT, Ms. JUDY CHU of California, Ms. CLARKE of New York, Mr. 

CONYERS, Mr. COURTNEY, Mr. CUMMINGS, Mr. DELANEY, Mr. 

DESAULNIER, Ms. EDWARDS, Mr. ELLISON, Ms. FUDGE, Mr. GRIJALVA, 

Mr. GUTIE ́RREZ, Ms. HAHN, Mr. HONDA, Ms. JACKSON LEE, Mr. 

JEFFRIES, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KENNEDY, Mr. 

LANGEVIN, Ms. LEE, Mr. LEWIS, Mrs. CAROLYN B. MALONEY of New 

York, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCGOVERN, Ms. MOORE, Mr. 

NADLER, Ms. NORTON, Mr. PASCRELL, Ms. PINGREE, Mr. POCAN, Mr. 

RANGEL, Mr. RUSH, Mr. RYAN of Ohio, Ms. LORETTA SANCHEZ of California, Ms. SCHAKOWSKY, Mr. TAKANO, Mr. TONKO, Mr. VAN HOLLEN, 

Ms. WILSON of Florida, Mrs. WATSON COLEMAN, Ms. SLAUGHTER, Mr. 

BRENDAN F. BOYLE of Pennsylvania, Ms. CLARK of Massachusetts, Mr. 

DANNY K. DAVIS of Illinois, Mr. GENE GREEN of Texas, Mr. 

MCDERMOTT, Mrs. NAPOLITANO, Ms. PLASKETT, Ms. SPEIER, Mr. 

BECERRA, Mr. BEYER, Mrs. DAVIS of California, Mr. AL GREEN of 

Texas, Mr. HIGGINS, Mr. LARSEN of Washington, Mr. TED LIEU of California, and Ms. ROYBAL-ALLARD) introduced the following bill; which 

was referred to the Committee on Education and the Workforce, and in 

addition to the Committees on House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 


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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, 

3 SECTION 1. SHORT TITLE; FINDINGS. 

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

5 ‘‘Schedules That Work Act’’. 

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

7 (1) The vast majority of the United States 

8 workforce today is juggling responsibilities at home 

9 and at work. Women are primary breadwinners or 

10 co-breadwinners in 63 percent of families in the 

11 United States. 

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

13 workforce, both hourly and salaried workers often 

14 have little ability to make changes to their work 

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

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

18 likely to be raising children on their own than highVerDate Sep 11 2014 00:10 Jul 18, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3071.IH H3071

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1 er-wage working mothers. For example, more than 

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

3 young children are single parents, compared to less 

4 than one-third of all working mothers who have very 

5 young children. 

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

7 the least control over their work schedules and the 

8 most unpredictable schedules. For example— 

9 (i) roughly half of low-wage workers re10 ported very little or no control over the timing 

11 of the hours they were scheduled to work; 

12 (ii)(I) many workers in low-wage jobs re13 ceive their work schedules with very little ad14 vance notice; and 

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

16 through 32 (referred to in this section as ‘‘early 

17 career workers’’) in hourly jobs report getting 

18 their work schedules a week or less in advance; 

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

20 sent home from work when work is slow with21 out being paid for their scheduled shift; 

22 (iv)(I) many employers have adopted ‘‘just23 in-time’’ scheduling, which bases workers’ 

24 schedules on perceived consumer demand and 


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1 often results in workers being given very little 

2 advance notice of their work schedules; and 

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

4 shift’’ requirements—requirements that workers 

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

6 scheduled to work later that day—have become 

7 common practice; and 

8 (v)(I) 20 to 30 percent of workers in low9 wage jobs struggle with being required to work 

10 extra hours with little or no notice; and 

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

12 of early-career workers in hourly jobs who re13 port fluctuations in their work hours, those 

14 hours typically fluctuate by more than an 8- 

15 hour day of work and pay per week. 

16 (4) Unfair work scheduling practices make it 

17 difficult for low-wage workers to— 

18 (A) provide necessary care for children and 

19 other family members, including securing and 

20 maintaining stable child care; 

21 (B) access and receive needed care for the 

22 workers’ own serious health conditions; 

23 (C) pursue workforce training; 

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

25 part-time workers need to make ends meet; 


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1 (E) plan for and access transportation to 

2 reach worksites; and 

3 (F) qualify for and maintain eligibility for 

4 needed public benefits and work supports, such 

5 as child care subsidies and benefits under the 

6 supplemental nutrition assistance program, due 

7 to fluctuations in income and work hours. 

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

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

10 rotating or split shift schedules experience work-fam11 ily conflict, as compared to 11 percent of workers on 

12 regular work schedules. 

13 (6) Unpredictable and unstable schedules are 

14 common in a wide range of occupations, including 

15 food preparation and service, retail sales, and clean16 ing occupations. According to data from the Bureau 

17 of Labor Statistics for early-career adults, 64 per18 cent of food service workers, 50 percent of retail 

19 workers, and 40 percent of cleaning workers know 

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

21 average variation between the least and most hours 

22 worked in a single month is 70 percent for food 

23 service workers, 50 percent for retail workers, and 

24 40 percent for cleaning workers. 


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

2 cleaning workers are among the lowest-paid workers. 

3 The median pay for workers in those 3 occupations 

4 is between $9.20 and $10.57 per hour, and women 

5 make up more than half of the workers in those oc6 cupations. Workers in those occupations account for 

7 nearly 18 percent of workers in the economy, which 

8 is more than 24,000,000 workers. 

9 (8) Employers that have implemented fair work 

10 scheduling policies that allow workers to have more 

11 control over their work schedules, and provide more 

12 predictable and stable schedules, have experienced 

13 significant benefits, including reductions in absentee14 ism and workforce turnover, and increased worker 

15 morale and engagement. 

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

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

18 work hours and for more predictable schedules. 

19 SEC. 2. DEFINITIONS. 

20 As used in this Act: 

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

22 ‘‘bona fide business reason’’ means— 

23 (A) the identifiable burden of additional 

24 costs to an employer, including the cost of pro25 ductivity loss, retraining or hiring employees, or 


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1 transferring employees from one facility to an2 other facility; 

3 (B) a significant detrimental effect on the 

4 employer’s ability to meet organizational needs 

5 or customer demand; 

6 (C) a significant inability of the employer, 

7 despite best efforts, to reorganize work among 

8 existing (as of the date of the reorganization) 

9 staff; 

10 (D) a significant detrimental effect on 

11 business performance; 

12 (E) insufficiency of work during the peri13 ods an employee proposes to work; 

14 (F) the need to balance competing sched15 uling requests when it is not possible to grant 

16 all such requests without a significant detri17 mental effect on the employer’s ability to meet 

18 organizational needs; or 

19 (G) such other reason as may be specified 

20 by the Secretary of Labor (or the corresponding 

21 administrative officer specified in section 8). 

22 (2) CAREER-RELATED EDUCATIONAL OR TRAIN23 ING PROGRAM.—The term ‘‘career-related edu24 cational or training program’’ means an educational 

25 or training program or program of study offered by 


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1 a public, private, or nonprofit career and technical 

2 education school, institution of higher education, or 

3 other entity that provides academic education, career 

4 and technical education, or training (including reme5 dial education or English as a second language, as 

6 appropriate), that is a program that leads to a rec7 ognized postsecondary credential (as identified under 

8 section 122(d) of the Workforce Innovation and Op9 portunity Act), and provides career awareness infor10 mation. The term includes a program allowable 

11 under the Workforce Innovation and Opportunity 

12 Act (29 U.S.C. 3101 et seq.), the Carl D. Perkins 

13 Career and Technical Education Act of 2006 (20 

14 U.S.C. 2301 et seq.), or the Higher Education Act 

15 of 1965 (20 U.S.C. 1001 et seq.), without regard to 

16 whether or not the program is funded under the cor17 responding Act. 

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

19 an individual with the status of being a significant 

20 provider of— 

21 (A) ongoing care or education, including 

22 responsibility for securing the ongoing care or 

23 education, of a child; or 

24 (B) ongoing care, including responsibility 

25 for securing the ongoing care, of— 


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1 (i) a person with a serious health con2 dition who is in a family relationship with 

3 the individual; or 

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

5 age 65 or older. 

6 (4) CHILD.—The term ‘‘child’’ means a biologi7 cal, adopted, or foster child, a stepchild, a legal 

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

9 parentis to that child, who is— 

10 (A) under age 18; or 

11 (B) age 18 or older and incapable of self12 care because of a mental or physical disability. 

13 (5) COMMERCE TERMS.—The terms ‘‘com14 merce’’ and ‘‘industry or activity affecting com15 merce’’ have the meanings given the terms in section 

16 101 of the Family and Medical Leave Act of 1993 

17 (29 U.S.C. 2611). 

18 (6) COVERED EMPLOYER.— 

19 (A) IN GENERAL.—The term ‘‘covered em20 ployer’’— 

21 (i) means any person engaged in com22 merce or in any industry or activity affect23 ing commerce who employs 15 or more em24 ployees (described in paragraph (9)(A)); 


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1 (ii) includes any person who acts, di2 rectly or indirectly, in the interest of such 

3 an employer to any of the employees (de4 scribed in paragraph (9)(A)) of such em5 ployer; 

6 (iii) includes any successor in interest 

7 of such an employer; and 

8 (iv) includes an agency described in 

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

10 the Family and Medical Leave Act of 1993 

11 (29 U.S.C. 2611(4)), to which subpara12 graph (B) of such section shall apply. 

13 (B) RULE.—For purposes of determining 

14 the number of employees who work for a person 

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

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

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

18 or temporary basis shall be counted, except that 

19 if the number of such employees who perform 

20 work for such a person for compensation fluc21 tuates, the number may be determined for a 

22 calendar year based upon the average number 

23 of such employees who performed work for the 

24 person for compensation during the preceding 

25 calendar year. 


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

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

3 section 3 of the Fair Labor Standards Act of 

4 1938 (29 U.S.C. 203). 

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

6 partner’’ means the individual recognized as being in 

7 a relationship with an employee under any domestic 

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

9 or political subdivision of a State in which the em10 ployee resides. 

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

12 meaning given the term in section 3 of the Fair 

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

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

15 an individual who is— 

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

17 of the Fair Labor Standards Act of 1938 (29 

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

19 subparagraphs (B) through (G); 

20 (B) a State employee described in section 

21 304(a) of the Government Employee Rights Act 

22 of 1991 (42 U.S.C. 2000e–16c(a)); 

23 (C) a covered employee, as defined in sec24 tion 101 of the Congressional Accountability 


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1 Act of 1995 (2 U.S.C. 1301), other than an ap2 plicant for employment; 

3 (D) a covered employee, as defined in sec4 tion 411(c) of title 3, United States Code; 

5 (E) a Federal officer or employee covered 

6 under subchapter V of chapter 63 of title 5, 

7 United States Code; 

8 (F) an employee of the Library of Con9 gress; or 

10 (G) an employee of the Government Ac11 countability Office. 

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

13 a person— 

14 (A) who is— 

15 (i) a covered employer, as defined in 

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

17 of clauses (ii) through (vii); 

18 (ii) an entity employing a State em19 ployee described in section 304(a) of the 

20 Government Employee Rights Act of 1991; 

21 (iii) an employing office, as defined in 

22 section 101 of the Congressional Account23 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 (11) 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 (12) GRANDCHILD.—The term ‘‘grandchild’’ 

2 means the child of a child. 

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

4 means the parent of a parent. 

5 (14) MINIMUM NUMBER OF EXPECTED WORK

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

7 work hours’’ means the minimum number of hours 

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

9 monthly basis. 

10 (15) NONEXEMPT EMPLOYEE.—The ‘‘non11 exempt employee’’ means an employee who is not 

12 employed in a bona fide executive, administrative, or 

13 professional capacity, as defined for purposes of sec14 tion 13(a)(1) of the Fair Labor Standards Act of 

15 1938 (29 U.S.C. 213(a)(1)). 

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

18 who stood in a parental relationship to an employee 

19 when the employee was a child. 

20 (17) PARENTAL RELATIONSHIP.—The term 

21 ‘‘parental relationship’’ means a relationship in 

22 which a person assumed the obligations incident to 

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


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1 (18) PART-TIME EMPLOYEE.—The term ‘‘part2 time employee’’ means an individual who works 

3 fewer than 30 hours per week on average during any 

4 1-month period. 

5 (19) RETAIL, FOOD SERVICE, OR CLEANING EM6 PLOYEE.—The term ‘‘retail, food service, or cleaning 

7 employee’’ means an individual nonexempt employee 

8 who is employed in any of the following occupations, 

9 as described by the Bureau of Labor Statistics 

10 Standard Occupational Classification System (as in 

11 effect on the day before the date of enactment of 

12 this Act): 

13 (A) Retail sales occupations consisting of 

14 occupations described in 41–1010 and 41– 

15 2000, and all subdivisions thereof, of such Sys16 tem, which includes first-line supervisors of 

17 sales workers, cashiers, gaming change persons 

18 and booth cashiers, counter and rental clerks, 

19 parts salespersons, and retail salespersons. 

20 (B) Food preparation and serving related 

21 occupations as described in 35–0000, and all 

22 subdivisions thereof, of such System, which in23 cludes supervisors of food preparation and serv24 ing workers, cooks and food preparation work25 ers, food and beverage serving workers, and 


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1 other food preparation and serving related 

2 workers. 

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

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

7 building cleaning workers. 

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

9 means the Secretary of Labor. 

10 (21) SERIOUS HEALTH CONDITION.—The term 

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

12 the term in section 101 of the Family and Medical 

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

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

15 brother or sister, whether related by half blood, 

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

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

18 means a schedule of daily hours in which the hours 

19 worked are not consecutive, except that— 

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

21 for meals does not exceed one hour shall not be 

22 treated as a split shift; and 

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

24 employee’s work shift is requested by the em25 ployee shall not be treated as a split shift. 


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1 (24) SPOUSE.— 

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

3 means a person with whom an individual en4 tered into— 

5 (i) a marriage as defined or recog6 nized under State law in the State in 

7 which the marriage was entered into; or 

8 (ii) in the case of a marriage entered 

9 into outside of any State, a marriage that 

10 is recognized in the place where entered 

11 into and could have been entered into in at 

12 least 1 State. 

13 (B) SAME-SEX OR COMMON LAW MAR14 RIAGE.—Such term includes an individual in a 

15 same-sex or common law marriage that meets 

16 the requirements of subparagraph (A). 

17 (25) STATE.—The term ‘‘State’’ has the mean18 ing given the term in section 3 of the Fair Labor 

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

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

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

22 period when an employee is required by an employer 

23 to perform the duties of the employee’s employment 

24 for which the employee will receive compensation. 


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1 (27) WORK SCHEDULE CHANGE.—The term 

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

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

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

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

6 employer. 

7 (28) WORK SHIFT.—The term ‘‘work shift’’ 

8 means the specific hours of the workday during 

9 which an employee works. 

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

11 PREDICTABLE OR STABLE WORK SCHEDULE. 

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

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

14 terms and conditions of employment as they relate to— 

15 (1) the number of hours the employee is re16 quired to work or be on call for work; 

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

18 work or be on call for work; 

19 (3) the location where the employee is required 

20 to work; 

21 (4) the amount of notification the employee re22 ceives of work schedule assignments; and 

23 (5) minimizing fluctuations in the number of 

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

25 weekly, or monthly basis. 


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1 (b) EMPLOYER OBLIGATION TO ENGAGE IN AN

2 INTERACTIVE PROCESS.— 

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

4 employee’s employer to request a change in the 

5 terms and conditions of employment as set forth in 

6 subsection (a), the employer shall engage in a time7 ly, good faith interactive process with the employee 

8 that includes a discussion of potential schedule 

9 changes that would meet the employee’s needs. 

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

11 (A) either granting or denying the request; 

12 (B) in the event of a denial, considering al13 ternatives to the proposed change that might 

14 meet the employee’s needs and granting or de15 nying a request for an alternative change in the 

16 terms and conditions of employment as set 

17 forth in subsection (a); and 

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

19 reason for denial, including whether any such 

20 reason is a bona fide business reason. 

21 (3) INFORMATION.—If information provided by 

22 the employee making a request under this section re23 quires clarification, the employer shall explain what 

24 further information is needed and give the employee 

25 reasonable time to produce the information. 


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1 (c) REQUESTS RELATED TO CAREGIVING, ENROLL2 MENT IN EDUCATION OR TRAINING, OR A SECOND JOB.— 

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

4 and conditions of employment as set forth in subsection 

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

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

7 due to the employee’s enrollment in a career-related edu8 cational or training program, or if a part-time employee 

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

10 to a second job, the employer shall grant the request, un11 less the employer has a bona fide business reason for deny12 ing the request. 

13 (d) OTHER REQUESTS.—If an employee makes a re14 quest for a change in the terms and conditions of employ15 ment as set forth in subsection (a), for a reason other than 

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

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

18 the employer denies such a request, the employer shall 

19 provide the employee with the reason for the denial, in20 cluding whether any such reason is a bona fide business 

21 reason. 


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1 SEC. 4. REQUIREMENTS FOR REPORTING TIME PAY, SPLIT 

2 SHIFT PAY, AND ADVANCE NOTICE OF WORK 

3 SCHEDULES FOR RETAIL, FOOD SERVICE, 

4 CLEANING, OR SECRETARY’S DESIGNATED 

5 EMPLOYEES. 

6 (a) REPORTING TIME PAY REQUIREMENT.—An em7 ployer shall pay a retail, food service, or cleaning employee 

8 or a designated employee, in an additional occupation des9 ignated by the Secretary, under section 8(a)(2) as appro10 priate for coverage under this Act (referred to in this Act 

11 as ‘‘a retail, food service, cleaning, or Secretary’s des12 ignated employee’’)— 

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

14 pay of the employee involved for each day on which 

15 the retail, food service, cleaning, or Secretary’s des16 ignated employee reports for work, as required by 

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

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

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

20 be paid for the scheduled hours of the employee in21 volved for that day if given less than the scheduled 

22 hours of work; and 

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

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

25 food service, cleaning, or Secretary’s designated em26 ployee is given specific instructions to contact the 


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1 employer of the employee involved, or wait to be con2 tacted by the employer, less than 24 hours in ad3 vance of the start of a potential work shift to deter4 mine whether the employee must report to work for 

5 such shift. 

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

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

8 designated employee for one additional hour at the em9 ployee’s regular rate of pay for each day during which the 

10 employee works a split shift. 

11 (c) ADVANCE NOTICE REQUIREMENT.— 

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

13 retail, food service, cleaning, or Secretary’s des14 ignated employee’s first day of work, the employer 

15 shall inform the employee in writing of the work 

16 schedule of the employee involved and the minimum 

17 number of expected work hours the employee will be 

18 assigned to work per month. 

19 (2) PROVIDING NOTICE OF NEW SCHEDULES.— 

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

21 service, cleaning, or Secretary’s designated employ22 ee’s work schedule changes from the work schedule 

23 of which the employee was informed pursuant to 

24 paragraph (1), the employer shall provide the em25 ployee with the new work schedule of the employee 


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1 involved not less than 14 days before the first day 

2 of the new work schedule. If the expected minimum 

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

4 cleaning, or Secretary’s designated employee will be 

5 assigned changes from the number of which the em6 ployee involved was informed pursuant to paragraph 

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

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

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

10 this subsection shall be construed to prohibit an em11 ployer from providing greater advance notice of a re12 tail, food service, cleaning, or Secretary’s designated 

13 employee’s work schedule than is required under this 

14 section. 

15 (3) WORK SCHEDULE CHANGES MADE WITH

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

17 make work schedule changes as needed, including by 

18 offering additional hours of work to retail, food serv19 ice, cleaning, or Secretary’s designated employees 

20 beyond those previously scheduled, but an employer 

21 shall be required to provide one extra hour of pay 

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

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

24 the case of the need to schedule the employee due 

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1 ice, cleaning, or Secretary’s designated employee 

2 previously scheduled to work that shift. 

3 (4) NOTIFICATIONS IN WRITING.—The notifica4 tions required under paragraphs (1) and (2) shall be 

5 made to the employee involved in writing. Nothing 

6 in this subsection shall be construed as prohibiting 

7 an employer from using any additional means of no8 tifying a retail, food service, cleaning, or Secretary’s 

9 designated employee of the work schedule of the em10 ployee involved. 

11 (5) SCHEDULE POSTING REQUIREMENT.—Every 

12 employer employing any retail, food service, clean13 ing, or Secretary’s designated employee, subject to 

14 this Act shall post the schedule and keep it posted 

15 in a conspicuous place in every establishment where 

16 such employee is employed so as to permit the em17 ployee involved to observe readily a copy. Availability 

18 of that schedule by electronic means accessible by all 

19 retail, food service, cleaning, or Secretary’s des20 ignated employees, of that employer shall be consid21 ered compliance with this subsection. 

22 (6) EMPLOYEE SHIFT TRADING.—Nothing in 

23 this subsection shall be construed to prevent an em24 ployer from allowing a retail, food service, cleaning, 

25 or Secretary’s designated employee to work in place 


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1 of another employee who has been scheduled to work 

2 a particular shift as long as the change in schedule 

3 is mutually agreed upon by the employees. An em4 ployer shall not be subject to the requirements of 

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

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

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

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

9 be included in the employee’s regular paycheck. The em10 ployer shall identify, in the corresponding written wage 

11 statement or pay stub, the total number of hours of addi12 tional pay provided for the pay period involved and wheth13 er the additional pay was due to the requirements of sub14 section (a)(1), the requirements of subsection (a)(2), the 

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

16 subsection (c)(3). 

17 (e) EXCEPTION.—The requirements in subsections 

18 (a) through (d) shall not apply during periods when reg19 ular operations of the employer are suspended due to 

20 events beyond the employer’s control. 

21 SEC. 5. PROHIBITED ACTS. 

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

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

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1 ice, cleaning, or Secretary’s designated employee as set 

2 forth in section 4. 

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

4 for any employer to discharge, threaten to discharge, de5 mote, suspend, reduce work hours of, or take any other 

6 adverse employment action against any employee in retal7 iation for exercising the rights of an employee under this 

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

9 For purposes of section 3, such retaliation shall include 

10 taking an adverse employment action against any em11 ployee on the basis of that employee’s eligibility or per12 ceived eligibility to request or receive a change in the 

13 terms and conditions of employment, as described in such 

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

15 (c) INTERFERENCE WITH PROCEEDINGS OR INQUIR16 IES.—It shall be unlawful for any person to discharge or 

17 in any other manner discriminate against any individual 

18 because such individual— 

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

20 caused to be instituted any proceeding, under or re21 lated to this Act; 

22 (2) has given or is about to give, any informa23 tion in connection with any inquiry or proceeding re24 lating to any right provided under this Act; or 


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

2 inquiry or proceeding relating to any right provided 

3 under this Act. 

4 SEC. 6. REMEDIES AND ENFORCEMENT. 

5 (a) INVESTIGATIVE AUTHORITY.— 

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

7 this Act, or any regulation or order issued under 

8 this Act, the Secretary shall have, subject to para9 graph (3), the investigative authority provided under 

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

11 1938 (29 U.S.C. 211(a)). 

12 (2) OBLIGATION TO KEEP AND PRESERVE

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

14 preserve records pertaining to compliance with this 

15 Act in accordance with regulations issued by the 

16 Secretary under section 8. 

17 (3) REQUIRED SUBMISSIONS GENERALLY LIM18 ITED TO AN ANNUAL BASIS.—The Secretary shall 

19 not under the authority of this subsection require 

20 any employer to submit to the Secretary any books 

21 or records more than once during any 12-month pe22 riod, unless the Secretary has reasonable cause to 

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

24 regulation or order issued pursuant to this Act, or 

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


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

2 any investigation provided for in this section, the 

3 Secretary shall have the subpoena authority provided 

4 for under section 9 of the Fair Labor Standards Act 

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

6 (b) CIVIL ACTION BY EMPLOYEES.— 

7 (1) LIABILITY.—Any employer who violates sec8 tion 5(a) (with respect to a right set forth in sub9 section (a), (b), or (c)(3) of section 4) or subsection 

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

11 a ‘‘covered provision’’) shall be liable to any em12 ployee affected for— 

13 (A) damages equal to the amount of— 

14 (i) any wages, salary, employment 

15 benefits (as defined in section 101 of the 

16 Family and Medical Leave Act of 1993 (29 

17 U.S.C. 2611)), or other compensation de18 nied, lost, or owed to such employee by 

19 reason of the violation; or 

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

21 employment benefits (as so defined), or 

22 other compensation have not been denied, 

23 lost, or owed to the employee, any actual 

24 monetary losses sustained by the employee 

25 as a direct result of the violation; 


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1 (B) interest on the amount described in 

2 subparagraph (A) calculated at the prevailing 

3 rate; 

4 (C) an additional amount as liquidated 

5 damages equal to the sum of the amount de6 scribed in subparagraph (A) and the interest 

7 described in subparagraph (B), except that if 

8 an employer who has violated a covered provi9 sion proves to the satisfaction of the court that 

10 the act or omission which violated the covered 

11 provision was in good faith and that the em12 ployer had reasonable grounds for believing that 

13 the act or omission was not a violation of a cov14 ered provision, such court may, in the discretion 

15 of the court, reduce the amount of liability to 

16 the amount and interest determined under sub17 paragraphs (A) and (B), respectively; and 

18 (D) such equitable relief as may be appro19 priate, including employment, reinstatement, 

20 and promotion. 

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

22 the damages or equitable relief set forth in para23 graph (1) may be maintained against any employer 

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


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1 court of competent jurisdiction by any one or more 

2 employees for and on behalf of— 

3 (A) the employees; or 

4 (B) the employees and other employees 

5 similarly situated. 

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

7 action shall, in addition to any judgment awarded to 

8 the plaintiff, allow a reasonable attorney’s fee, rea9 sonable expert witness fees, and other costs of the 

10 action to be paid by the defendant. 

11 (4) LIMITATIONS.—The right provided by para12 graph (2) to bring an action by or on behalf of any 

13 employee shall terminate on the filing of a complaint 

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

15 in which a recovery is sought of the damages de16 scribed in paragraph (1)(A) owing to an employee by 

17 an employer liable under paragraph (1) unless the 

18 action described is dismissed without prejudice on 

19 motion of the Secretary. 

20 (c) ACTIONS BY THE SECRETARY.— 

21 (1) ADMINISTRATIVE ACTION.—The Secretary 

22 shall receive, investigate, and attempt to resolve 

23 complaints of violations of this Act in the same man24 ner that the Secretary receives, investigates, and at25 tempts to resolve complaints of violations of sections 


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1 6 and 7 of the Fair Labor Standards Act of 1938 

2 (29 U.S.C. 206 and 207), and may issue an order 

3 making determinations, and assessing a civil penalty 

4 described in paragraph (3) (in accordance with para5 graph (3)), with respect to such an alleged violation. 

6 (2) ADMINISTRATIVE REVIEW.—An affected 

7 person who takes exception to an order issued under 

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

9 regarding such an order by an administrative law 

10 judge. In reviewing the order, the administrative law 

11 judge may hold an administrative hearing con12 cerning the order, in accordance with the require13 ments of sections 554, 556, and 557 of title 5, 

14 United States Code. Such hearing shall be conducted 

15 expeditiously. If no affected person requests such re16 view within 60 days after the order is issued under 

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

18 final order that is not subject to judicial review. 

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

20 and repeatedly violates— 

21 (A) paragraph (1), (2), (4), or (5) of sec22 tion 4(c), or section 4(d), shall be subject to a 

23 civil penalty in an amount to be determined by 

24 the Secretary, but not to exceed $100 per viola25 tion; and 


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

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

3 determined by the Secretary, but not to exceed 

4 $1,100 per violation. 

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

6 an action in any court of competent jurisdiction on 

7 behalf of aggrieved employees to— 

8 (A) restrain violations of this Act; 

9 (B) award such equitable relief as may be 

10 appropriate, including employment, reinstate11 ment, and promotion; and 

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

13 provision, recover the damages and interest de14 scribed in subparagraphs (A) through (C) of 

15 subsection (b)(1). 

16 (d) LIMITATION.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), an action may be brought under this sec19 tion not later than 2 years after the date of the last 

20 event constituting the alleged violation for which the 

21 action is brought. 

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

23 action brought for a willful violation of section 5, 

24 such action may be brought within 3 years of the 


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1 date of the last event constituting the alleged viola2 tion for which such action is brought. 

3 (3) COMMENCEMENT.—In determining when an 

4 action is commenced by the Secretary under this 

5 section for the purposes of this subsection, it shall 

6 be considered to be commenced on the date when the 

7 complaint is filed. 

8 (e) OTHER ADMINISTRATIVE OFFICERS.— 

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

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

11 under this Act shall be exercised by the Board of Di12 rectors of the Office of Compliance. 

13 (2) PRESIDENT; MERIT SYSTEMS PROTECTION

14 BOARD.—In the case of employees described in sec15 tion 2(9)(D), the authority of the Secretary under 

16 this Act shall be exercised by the President and the 

17 Merit Systems Protection Board. 

18 (3) OFFICE OF PERSONNEL MANAGEMENT.—In 

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

20 the authority of the Secretary under this Act shall 

21 be exercised by the Office of Personnel Management. 

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

23 employees of the Library of Congress, the authority 

24 of the Secretary under this Act shall be exercised by 

25 the Librarian of Congress. 


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

2 employees of the Government Accountability Office, 

3 the authority of the Secretary under this Act shall 

4 be exercised by the Comptroller General of the 

5 United States. 

6 SEC. 7. NOTICE AND POSTING. 

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

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

9 employer where notices to employees and applicants for 

10 employment are customarily posted, a notice, to be pre11 pared or approved by the Secretary (or the corresponding 

12 administrative officer specified in section 8) setting forth 

13 excerpts from, or summaries of, the pertinent provisions 

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

15 complaint under this Act. 

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

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

18 exceed $100 for each separate offense. 

19 SEC. 8. REGULATIONS. 

20 (a) SECRETARY OF LABOR.— 

21 (1) IN GENERAL.—Except as provided in sub22 sections (b) through (f), not later than 180 days 

23 after the date of enactment of this Act, the Sec24 retary shall issue such regulations as may be nec25 essary to implement this Act. 


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1 (2) REGULATIONS REGARDING ADDITIONAL OC2 CUPATIONS TO BE COVERED.— 

3 (A) IN GENERAL.—In carrying out para4 graph (1), the Secretary shall issue regulations 

5 that specify a process the Secretary will follow 

6 to identify and designate additional occupa7 tions, for purposes of section 4(a), that are ap8 propriate for coverage under this Act. Non9 exempt employees in such occupations shall be 

10 considered to be designated employees for pur11 poses of this Act. 

12 (B) CRITERIA.—The regulations shall pro13 vide that the Secretary shall so designate an 

14 additional occupation— 

15 (i) in which not less than 10 percent 

16 of workers employed in the occupation gen17 erally— 

18 (I) receive advance notice of their 

19 work schedules less than 14 days be20 fore the first day of the work sched21 ules; or 

22 (II) experience fluctuations in the 

23 number of hours the employees are 

24 scheduled to work on a daily, weekly, 

25 or monthly basis; or 


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1 (ii) for which the Secretary deter2 mines such designation is appropriate. 

3 (C) DATA REVIEW.—In issuing the regula4 tions, the Secretary shall specify the process by 

5 which the Department of Labor will review data 

6 from stakeholders, and data collected or gen7 erated by the Department, in making those des8 ignations. 

9 (b) BOARD.— 

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

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

12 of Directors of the Office of Compliance shall issue 

13 such regulations as may be necessary to implement 

14 this Act with respect to employees described in sec15 tion 2(9)(C). The procedures applicable to regula16 tions of the Board issued for the implementation of 

17 the Congressional Accountability Act of 1995 (2 

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

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

20 applicable to regulations issued under this sub21 section. 

22 (2) CONSIDERATION.—In prescribing the regu23 lations, the Board shall take into consideration the 

24 enforcement and remedies provisions concerning the 

25 Board, and applicable to rights and protections 


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1 under the Family and Medical Leave Act of 1993 

2 (29 U.S.C. 2611 et seq.), under the Congressional 

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

4 (3) MODIFICATIONS.—The regulations issued 

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

6 the same as substantive regulations issued by the 

7 Secretary to implement this Act, except to the extent 

8 that the Board may determine, for good cause 

9 shown and stated together with the regulations 

10 issued by the Board, that a modification of such 

11 substantive regulations would be more effective for 

12 the implementation of the rights and protections 

13 under this Act. 

14 (c) PRESIDENT.— 

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

16 after the date of enactment of this Act, the Presi17 dent shall issue such regulations as may be nec18 essary to implement this Act with respect to employ19 ees described in section 2(9)(D). 

20 (2) CONSIDERATION.—In prescribing the regu21 lations, the President shall take into consideration 

22 the enforcement and remedies provisions concerning 

23 the President and the Merit Systems Protection 

24 Board, and applicable to rights and protections 


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1 under the Family and Medical Leave Act of 1993, 

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

3 (3) MODIFICATIONS.—The regulations issued 

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

5 the same as substantive regulations issued by the 

6 Secretary to implement this Act, except to the extent 

7 that the President may determine, for good cause 

8 shown and stated together with the regulations 

9 issued by the President, that a modification of such 

10 substantive regulations would be more effective for 

11 the implementation of the rights and protections 

12 under this Act. 

13 (d) OFFICE OF PERSONNEL MANAGEMENT.— 

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

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

16 of Personnel Management shall issue such regula17 tions as may be necessary to implement this Act 

18 with respect to employees described in section 

19 2(9)(E). 

20 (2) CONSIDERATION.—In prescribing the regu21 lations, the Office shall take into consideration the 

22 enforcement and remedies provisions concerning the 

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

24 United States Code. 


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1 (3) MODIFICATIONS.—The regulations issued 

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

3 the same as substantive regulations issued by the 

4 Secretary to implement this Act, except to the extent 

5 that the Office may determine, for good cause shown 

6 and stated together with the regulations issued by 

7 the Office, that a modification of such substantive 

8 regulations would be more effective for the imple9 mentation of the rights and protections under this 

10 Act. 

11 (e) LIBRARIAN OF CONGRESS.— 

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

13 after the date of enactment of this Act, the Librar14 ian of Congress shall issue such regulations as may 

15 be necessary to implement this Act with respect to 

16 employees of the Library of Congress. 

17 (2) CONSIDERATION.—In prescribing the regu18 lations, the Librarian shall take into consideration 

19 the enforcement and remedies provisions concerning 

20 the Librarian of Congress under title I of the Fam21 ily and Medical Leave Act of 1993 (29 U.S.C. 2611 

22 et seq.). 

23 (3) MODIFICATIONS.—The regulations issued 

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

25 the same as substantive regulations issued by the 


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1 Secretary to implement this Act, except to the extent 

2 that the Librarian may determine, for good cause 

3 shown and stated together with the regulations 

4 issued by the Librarian, that a modification of such 

5 substantive regulations would be more effective for 

6 the implementation of the rights and protections 

7 under this Act. 

8 (f) COMPTROLLER GENERAL.— 

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

10 after the date of enactment of this Act, the Comp11 troller General shall issue such regulations as may 

12 be necessary to implement this Act with respect to 

13 employees of the Government Accountability Office. 

14 (2) CONSIDERATION.—In prescribing the regu15 lations, the Comptroller General shall take into con16 sideration the enforcement and remedies provisions 

17 concerning the Comptroller General under title I of 

18 the Family and Medical Leave Act of 1993. 

19 (3) MODIFICATIONS.—The regulations issued 

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

21 the same as substantive regulations issued by the 

22 Secretary to implement this Act, except to the extent 

23 that the Comptroller General may determine, for 

24 good cause shown and stated together with the regu25 lations issued by the Comptroller General, that a 


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1 modification of such substantive regulations would 

2 be more effective for the implementation of the 

3 rights and protections under this Act. 

4 SEC. 9. RESEARCH, EDUCATION, AND TECHNICAL ASSIST5 ANCE PROGRAM AND SURVEYS. 

6 (a) IN GENERAL.—The Secretary shall provide infor7 mation and technical assistance to employers, labor orga8 nizations, and the general public concerning compliance 

9 with this Act. 

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

11 this Act— 

12 (1) the Secretary, acting through the Adminis13 trator of the Wage and Hour Division of the Depart14 ment of Labor, shall issue guidance on compliance 

15 with this Act regarding providing a flexible, predict16 able, or stable work environment through changes in 

17 the terms and conditions of employment as provided 

18 in section 3(a); and 

19 (2) the Secretary shall carry on a continuing 

20 program of research, education, and technical assist21 ance, including— 

22 (A)(i) conducting pilot programs that im23 plement fairer work schedules, including by pro24 moting cross training, providing three weeks or 

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1 ployees with a minimum number of hours of 

2 work, and using computerized scheduling soft3 ware to provide more flexible, predictable, and 

4 stable schedules for employees; and 

5 (ii) evaluating the results of such pilot pro6 grams for employees, employee’s families, and 

7 employers; 

8 (B) publishing and otherwise making avail9 able to employers, labor organizations, profes10 sional associations, educational institutions, the 

11 various communication media, and the general 

12 public the findings of studies regarding fair 

13 work scheduling policies and other materials for 

14 promoting compliance with this Act; 

15 (C) sponsoring and assisting State and 

16 community informational and educational pro17 grams; and 

18 (D) providing technical assistance to em19 ployers, labor organizations, professional asso20 ciations, and other interested persons on means 

21 of achieving and maintaining compliance with 

22 the provisions of this Act. 

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

24 acting through the Commissioner of the Bureau of Labor 


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

2 shall— 

3 (1) include in the Current Population Survey 

4 questions on— 

5 (A) the amount of fluctuation in the num6 ber of hours the employee is scheduled to work 

7 on a daily, weekly or monthly basis; 

8 (B) the extent of advance notice an em9 ployee receives of the employee’s work schedule; 

10 and 

11 (C) the extent to which an employee has 

12 input in the employee’s work schedule; and 

13 (2) conduct at regular intervals the Contingent 

14 Worker Supplement, the Work Schedules and Work 

15 at Home Supplement, and other relevant supple16 ments (as determined by the Secretary), to the Cur17 rent Population Survey. 

18 SEC. 10. RIGHTS RETAINED BY EMPLOYEES. 

19 This Act provides minimum requirements and shall 

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

21 applicability of any other law, regulation, requirement, 

22 policy, or standard that provides for greater rights for em23 ployees than are required in this Act. 


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1 SEC. 11. EXEMPTION. 

2 This Act shall not apply to any employee covered by 

3 a bona fide collective bargaining agreement if the terms 

4 of the collective bargaining agreement include terms that 

5 govern work scheduling practices. 

6 SEC. 12. 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. 2611 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 shall be construed to dimin19 ish or impair the rights of an employee under any valid 

20 collective bargaining agreement. 

Æ 


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