II 

117TH CONGRESS 

2D SESSION S. 3642 

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 

FEBRUARY 14, 2022 

Ms. WARREN (for herself, Mr. BLUMENTHAL, Mr. VAN HOLLEN, Ms. BALDWIN, Mr. BROWN, Mr. DURBIN, Mr. REED, Mr. BOOKER, Mrs. FEINSTEIN, Mr. MARKEY, Mr. SANDERS, Mr. WHITEHOUSE, Mr. MURPHY, 

Ms. KLOBUCHAR, Ms. DUCKWORTH, Mr. LEAHY, Mr. SCHUMER, Ms. 

HIRONO, Mr. MERKLEY, Mr. WYDEN, Mrs. MURRAY, Mr. CASEY, 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 04:21 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3642.IS S3642

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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 is exacer21 bated as millions of workers risk their own health 

22 and safety at jobs with few protections, volatile 

23 schedules, and inadequate hours, in an effort to sup24 port themselves and their families. Employers have 

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


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1 throughout the pandemic, even as workers face addi2 tional 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, which 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 advanced 

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

9 last-minute shift cancellation and timing 

10 changes, or with more volatile work hours are 

11 more likely to experience hunger, residential 

12 hardships, and more overall economic hardship. 

13 (7) Unpredictable and unstable work schedules 

14 are common in a wide range of occupations, with 

15 evidence of particular concentration in food service, 

16 retail, cleaning, hospitality, and warehouse occupa17 tions. These occupations are critically important to 

18 the United States economy. 

19 (8) Employers that have implemented fair work 

20 scheduling policies that allow workers to have more 

21 control over their work schedules, and provide more 

22 predictable and stable schedules, have experienced 

23 significant benefits, including reductions in absentee24 ism and workforce turnover, and increased worker 

25 morale and engagement. For example, when Gap 


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1 Inc. piloted strategies to make work schedules more 

2 stable and predictable for employees, the Gap Inc. 

3 stores that implemented these strategies experienced 

4 higher productivity and a 7 percent increase in sales, 

5 compared to those Gap Inc. stores that did not im6 plement these strategies. 

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

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

9 work hours and for more predictable schedules. 

10 SEC. 2. DEFINITIONS. 

11 In this Act: 

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

13 ‘‘bona fide business reason’’ means— 

14 (A) the identifiable burden of additional 

15 costs to an employer, including the cost of pro16 ductivity loss, retraining or hiring employees, or 

17 transferring employees from one facility to an18 other facility; 

19 (B) a significant detrimental effect on the 

20 employer’s ability to meet organizational needs 

21 or customer demand; 

22 (C) a significant inability of the employer, 

23 despite best efforts, to reorganize work among 

24 existing (as of the date of the reorganization) 

25 staff; 


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1 (D) a significant detrimental effect on 

2 business performance; 

3 (E) insufficiency of work during the peri4 ods an employee proposes to work; 

5 (F) the need to balance competing sched6 uling requests when it is not possible to grant 

7 all such requests without a significant detri8 mental effect on the employer’s ability to meet 

9 organizational needs; or 

10 (G) such other reason as may be specified 

11 by the Secretary of Labor (or, as applicable, the 

12 corresponding administrative officer specified in 

13 section 7(e)). 

14 (2) CAREER-RELATED EDUCATIONAL OR TRAIN15 ING PROGRAM.—The term ‘‘career-related edu16 cational or training program’’ means an educational 

17 or training program or program of study offered by 

18 a public, private, or nonprofit career and technical 

19 education school, institution of higher education, or 

20 other entity that provides academic education, career 

21 and technical education, or training (including reme22 dial education or English as a second language, as 

23 appropriate), that is a program that leads to a rec24 ognized postsecondary credential (as identified under 

25 section 122(d) of the Workforce Innovation and OpVerDate Sep 11 2014 04:21 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3642.IS S3642

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1 portunity Act (29 U.S.C. 3152(d))), and provides 

2 career awareness information. The term includes a 

3 program allowable under the Workforce Innovation 

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

5 Carl D. Perkins Career and Technical Education 

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

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

8 without regard to whether or not the program is 

9 funded under the corresponding Act. 

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

11 an individual with the status of being a significant 

12 provider of— 

13 (A) ongoing care or education, including 

14 responsibility for securing the ongoing care or 

15 education, of a child; or 

16 (B) ongoing care, including responsibility 

17 for securing the ongoing care, of— 

18 (i) a person with a serious health con19 dition who is in a family relationship with 

20 the individual; or 

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

22 age 65 or older. 

23 (4) CHILD.—The term ‘‘child’’ means a biologi24 cal, adopted, or foster child, a stepchild, a legal 


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

2 parentis to that child, who is— 

3 (A) under age 18; or 

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

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

9 101 of the Family and Medical Leave Act of 1993 

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

11 (6) COVERED EMPLOYER.— 

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

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

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

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

23 (iii) includes any successor in interest 

24 of such an employer; and 


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1 (iv) includes an agency described in 

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

3 the Family and Medical Leave Act of 1993 

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

6 (B) RULE.—For purposes of determining 

7 the number of employees who work for a person 

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

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

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

11 or temporary basis shall be counted, except that 

12 if the number of such employees who perform 

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

15 calendar year based upon the average number 

16 of such employees who performed work for the 

17 person for compensation during the preceding 

18 calendar year. 

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

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

21 section 3 of the Fair Labor Standards Act of 

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

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

24 partner’’ means the individual recognized as being in 

25 a relationship with an employee under any domestic 


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

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

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

5 meaning given the term in section 3 of the Fair 

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

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

8 an individual who is— 

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

10 of the Fair Labor Standards Act of 1938 (29 

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

12 subparagraphs (B) through (G); 

13 (B) a State employee described in section 

14 304(a) of the Government Employee Rights Act 

15 of 1991 (42 U.S.C. 2000e–16c(a)); 

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

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

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

22 (E) a Federal officer or employee covered 

23 under subchapter V of chapter 63 of title 5, 

24 United States Code; 


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

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

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

6 a person— 

7 (A) who is— 

8 (i) a covered employer, as defined in 

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

10 of clauses (ii) through (vii); 

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

13 Government Employee Rights Act of 1991; 

14 (iii) an employing office, as defined in 

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

17 (iv) an employing office, as defined in 

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

19 Code; 

20 (v) an employing agency covered 

21 under subchapter V of chapter 63 of title 

22 5, United States Code; 

23 (vi) the Librarian of Congress; or 

24 (vii) the Comptroller General of the 

25 United States; and 


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1 (B) who is engaged in commerce (including 

2 government), in the production of goods for 

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

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

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

10 of a spouse or domestic partner; or 

11 (B) any individual related to the employee 

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

14 family relationship described in subparagraph 

15 (A). 

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

17 means the child of a child. 

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

19 means the parent of a parent. 

20 (14) HOSPITALITY ESTABLISHMENT.—The 

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

22 motel, inn, or similar transient lodging establish23 ment. 

24 (15) MINIMUM NUMBER OF EXPECTED WORK

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


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1 work hours’’ means the minimum number of hours 

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

3 monthly basis. 

4 (16) NONEXEMPT EMPLOYEE.—The term ‘‘non5 exempt employee’’ means an employee who is not 

6 employed in a bona fide executive, administrative, or 

7 professional capacity, as defined for purposes of sec8 tion 13(a)(1) of the Fair Labor Standards Act of 

9 1938 (29 U.S.C. 213(a)(1)). 

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

11 means any time during which an employer requires 

12 an employee to— 

13 (A) be available to work; and 

14 (B) contact the employer or the designee 

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

16 employer or designee, to determine whether the 

17 employee is required to report to work at that 

18 time. 

19 (18) PARENT.—The term ‘‘parent’’ means a bi20 ological or adoptive parent, a stepparent, or a person 

21 who stood in a parental relationship to an employee 

22 when the employee was a child. 

23 (19) PARENTAL RELATIONSHIP.—The term 

24 ‘‘parental relationship’’ means a relationship in 

25 which a person assumed the obligations incident to 


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1 parenthood for a child and discharged those obliga2 tions before the child reached adulthood. 

3 (20) RETAIL, FOOD SERVICE, CLEANING, HOS4 PITALITY, OR WAREHOUSE EMPLOYEE.—The term 

5 ‘‘retail, food service, cleaning, hospitality, or ware6 house employee’’ means a nonexempt employee who 

7 is employed in a hospitality establishment, in a 

8 warehouse establishment, or in any of the following 

9 occupations, as described by the Bureau of Labor 

10 Statistics Standard Occupational Classification Sys11 tem (as in effect on the day before the date of enact12 ment of 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, gambling change per18 sons and booth cashiers, counter and rental 

19 clerks, parts salespersons, and retail sales20 persons. 

21 (B) Food preparation and serving related 

22 occupations as described in 35–0000, and all 

23 subdivisions thereof, of such System, which in24 cludes supervisors of food preparation and serv25 ing workers, cooks and food preparation workVerDate Sep 11 2014 04:21 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3642.IS S3642

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1 ers, food and beverage serving workers, and 

2 other food preparation and serving related 

3 workers. 

4 (C) Cleaning occupations as described in 

5 37–2011, 37–2012, and 37–2019 of such Sys6 tem, which includes janitors and cleaners, 

7 maids and housekeeping cleaners, and building 

8 cleaning workers. 

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

10 means the Secretary of Labor. 

11 (22) SECRETARY’S DESIGNATED EMPLOYEE.— 

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

13 an employee employed in an occupation, other than 

14 a retail, food service, cleaning, hospitality, or ware15 house occupation, that is designated by the Sec16 retary under section 9(a)(2) as appropriate for cov17 erage under section 4. 

18 (23) SERIOUS HEALTH CONDITION.—The term 

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

20 the term in section 101 of the Family and Medical 

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

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

23 brother or sister, whether related by half blood, 

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


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

2 means a schedule of daily hours in which the hours 

3 worked are not consecutive, except that— 

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

5 for meals does not exceed one hour shall not be 

6 treated as a split shift; and 

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

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

10 (26) SPOUSE.— 

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

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

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

16 which the marriage was entered into; or 

17 (ii) in the case of a marriage entered 

18 into outside of any State, a marriage that 

19 is recognized in the place where entered 

20 into and could have been entered into in at 

21 least 1 State. 

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

24 same-sex or common law marriage that meets 

25 the requirements of subparagraph (A). 


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

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

4 (28) WAREHOUSE ESTABLISHMENT.—The term 

5 ‘‘warehouse establishment’’ means any business that 

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

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

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

10 delivery of those goods, wares, or commodities. 

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

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

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

14 times for each shift, during a consecutive 7-day pe15 riod. 

16 (30) WORK SCHEDULE CHANGE.—The term 

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

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

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

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

21 employer. 

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

23 means the specific hours of the workday during 

24 which an employee works. 


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

2 PREDICTABLE, OR STABLE WORK SCHEDULE. 

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

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

5 terms and conditions of employment as they relate to— 

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

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

9 work or be on call for work; 

10 (3) the location where the employee is required 

11 to work; 

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

14 (5) minimizing fluctuations in the number of 

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

16 weekly, or monthly basis. 

17 (b) EMPLOYER OBLIGATION TO ENGAGE IN AN

18 INTERACTIVE PROCESS.— 

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

20 employee’s employer to request a change in the 

21 terms and conditions of employment as set forth in 

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

24 that includes a discussion of potential schedule 

25 changes that would meet the employee’s needs. 

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


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1 (A) subject to subsections (c) and (d), ei2 ther granting or denying the request; and 

3 (B) in the event of a denial— 

4 (i) considering alternatives to the pro5 posed change that might meet the employ6 ee’s needs and granting or denying a re7 quest for an alternative change in the 

8 terms and conditions of employment as set 

9 forth in subsection (a); and 

10 (ii) stating the reason for denial, in11 cluding whether any such reason is a bona 

12 fide business reason. 

13 (3) INFORMATION.—If information provided by 

14 the employee making a request under this section re15 quires clarification, the employer shall explain what 

16 further information is needed and give the employee 

17 reasonable time to produce the information. 

18 (c) REQUESTS RELATED TO CAREGIVING, ENROLL19 MENT IN EDUCATION OR TRAINING, OR A SECOND JOB.— 

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

21 and conditions of employment as set forth in subsection 

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

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

24 due to the employee’s enrollment in a career-related edu25 cational or training program, or if an employee makes a 


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

2 job, the employer shall grant the request, unless the em3 ployer has a bona fide business reason for denying the re4 quest. 

5 (d) OTHER REQUESTS.—If an employee makes a re6 quest for a change in the terms and conditions of employ7 ment as set forth in subsection (a), for a reason other than 

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

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

10 the employer denies such a request, the employer shall 

11 provide the employee with the reason for the denial, in12 cluding whether any such reason is a bona fide business 

13 reason. 

14 SEC. 4. REQUIREMENTS FOR ADVANCE NOTICE OF WORK 

15 SCHEDULES, PREDICTABILITY PAY, AND 

16 SPLIT SHIFT PAY FOR RETAIL, FOOD SERV17 ICE, CLEANING, HOSPITALITY, WAREHOUSE, 

18 OR SECRETARY’S DESIGNATED EMPLOYEES. 

19 (a) ADVANCE NOTICE REQUIREMENT.— 

20 (1) PROVIDING NOTICE OF WORK SCHED21 ULES.— 

22 (A) IN GENERAL.—An employer shall pro23 vide a retail, food service, cleaning, hospitality, 

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1 ignated employee, with the work schedule of the 

2 employee— 

3 (i) not less than 14 days before the 

4 first day of such work schedule; or 

5 (ii) in the case of a new retail, food 

6 service, cleaning, hospitality, or warehouse 

7 employee, or Secretary’s designated em8 ployee, on or before the first day of work 

9 of such employee. 

10 (B) COMPENSATION FOR FAILURE TO PRO11 VIDE NOTICE OF WORK SCHEDULE.—An em12 ployer that violates subparagraph (A) shall 

13 compensate each affected employee in the 

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

15 not provided in violation of such subparagraph. 

16 (C) WORK SCHEDULE CHANGE.—An em17 ployer may make a work schedule change for 

18 the work schedule of a retail, food service, 

19 cleaning, hospitality, or warehouse employee, or 

20 Secretary’s designated employee, provided in ac21 cordance with subparagraph (A) if— 

22 (i) such work schedule change is made 

23 not less than 14 days prior to the first day 

24 on which the change is to take effect; or 


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•S 3642 IS

1 (ii) the employer provides predict2 ability pay for such change in accordance 

3 with subsection (b). 

4 (D) MINIMUM EXPECTED WORK HOURS.— 

5 (i) IN GENERAL.—An employer shall 

6 inform a retail, food service, cleaning, hos7 pitality, or warehouse employee, or Sec8 retary’s designated employee, of an esti9 mate of the minimum number of expected 

10 work hours the employee will be assigned 

11 to work per month for the following 12- 

12 month period— 

13 (I) in the case of a new retail, 

14 food service, cleaning, hospitality, or 

15 warehouse employee, or Secretary’s 

16 designated employee, on or before the 

17 first day of work of such employee; or 

18 (II) in the case of a retail, food 

19 service, cleaning, hospitality, or ware20 house employee, or Secretary’s des21 ignated employee, who is employed by 

22 the employer on the date of enactment 

23 of this Act, not later than 90 days 

24 after such date. 


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1 (ii) UPDATING MINIMUM EXPECTED

2 WORK HOURS.—An employer shall, not less 

3 than once each year, provide each employee 

4 an updated estimate of the minimum num5 ber of expected work hours the employee 

6 will be assigned to work per month for the 

7 following 12-month period. Such a revised 

8 estimate shall be provided not later than 

9 the earlier of (as applicable)— 

10 (I) 1 year after the date on which 

11 the estimate was provided under 

12 clause (i) or the most recent update of 

13 an estimate was provided under this 

14 clause; or 

15 (II) the day before the effective 

16 date of a significant change to the 

17 minimum expected work hours of the 

18 employee due to changes in the avail19 ability of the employee or to the busi20 ness needs of the employer. 

21 (2) NOTIFICATIONS IN WRITING.—The notifica22 tions required under subparagraphs (A) and (D) of 

23 paragraph (1) shall be made to the employee in24 volved in writing. 

25 (3) SCHEDULE POSTING REQUIREMENT.— 


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1 (A) IN GENERAL.—Every employer em2 ploying any retail, food service, cleaning, hospi3 tality, or warehouse employee, or Secretary’s 

4 designated employee, shall post a copy of the 

5 work schedule of each such employee and keep 

6 it posted in a conspicuous place in every estab7 lishment where such employee is employed so as 

8 to permit the employee involved to readily ob9 serve the copy. Availability of that schedule by 

10 electronic means accessible to all retail, food 

11 service, cleaning, hospitality, or warehouse em12 ployees, or Secretary’s designated employees, of 

13 that employer shall be considered compliance 

14 with this subparagraph. 

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

16 service, cleaning, hospitality, or warehouse em17 ployee, or Secretary’s designated employee, may 

18 decline, without penalty, to work any hours not 

19 included in the work schedule posted under sub20 paragraph (A) as work hours for the employee. 

21 (C) CONSENT.—Except as described in 

22 subsection (b)(2), if a retail, food service, clean23 ing, hospitality, or warehouse employee, or Sec24 retary’s designated employee, voluntarily con25 sents to work any hours not posted under subVerDate Sep 11 2014 04:21 Feb 15, 2022 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3642.IS S3642

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1 paragraph (A), such consent must be recorded 

2 in writing. 

3 (4) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection shall be construed to prohibit an em5 ployer from— 

6 (A) providing greater advance notice of the 

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

8 hospitality, or warehouse employee, or Sec9 retary’s designated employee, than is required 

10 under this subsection; or 

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

12 written means required under paragraph (2), of 

13 notifying a retail, food service, cleaning, hospi14 tality, or warehouse employee, or Secretary’s 

15 designated employee, of the work schedule of 

16 the employee. 

17 (b) PREDICTABILITY PAY FOR WORK SCHEDULE

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

19 (1) IN GENERAL.—Except as provided in para20 graph (2), for each work schedule change provided 

21 to a retail, food service, cleaning, hospitality, or 

22 warehouse employee, or Secretary’s designated em23 ployee, that occurs less than 14 days prior to the 

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

25 employer of the affected employee shall be required 


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1 to provide the affected employee with pay (referred 

2 to in this subsection as ‘‘predictability pay’’) at the 

3 following rates: 

4 (A) The employee’s regular rate of pay per 

5 hour that the employee works plus one addi6 tional hour at such regular rate per work sched7 ule change if the employer— 

8 (i) adds any hours to the hours the 

9 employee is scheduled to work under sub10 section (a); or 

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

12 of the work shift the employee is scheduled 

13 to work under subsection (a) with no loss 

14 of hours. 

(B) Not less than 1 15 ⁄2 times the employee’s 

16 regular rate of pay per hour for any hour that 

17 the employee is scheduled to work under sub18 section (a) and does not work due to the em19 ployer reducing or canceling such scheduled 

20 hours of work. 

21 (2) EXCEPTIONS TO PREDICTABILITY PAY.—An 

22 employer shall not be required to pay predictability 

23 pay under paragraph (1), or to obtain written con24 sent pursuant to subsection (a)(3)(C), under any of 

25 the following circumstances: 


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1 (A) A retail, food service, cleaning, hospi2 tality, or warehouse employee, or Secretary’s 

3 designated employee, requests a shift change in 

4 writing, including through the use of sick leave, 

5 vacation leave, or any other leave policy offered 

6 by the employer. 

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

8 mutually agreed upon shift trade or coverage 

9 arrangement between retail, food service, clean10 ing, hospitality, or warehouse employees, or 

11 Secretary’s designated employees, subject to 

12 any policy of the employer regarding required 

13 conditions for employees to exchange shifts. 

14 (C) The employer’s operations cannot 

15 begin or continue due to— 

16 (i) a threat to the property of an em17 ployee or the employer; 

18 (ii) the failure of a public utility or 

19 the shutdown of public transportation; 

20 (iii) a fire, flood, or other natural dis21 aster; 

22 (iv) a state of emergency declared by 

23 the President of the United States or by 

24 the Governor of the State, or the mayor of 


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•S 3642 IS

1 the city, in which the operations are lo2 cated; or 

3 (v) a severe weather condition that 

4 poses a threat to employee safety. 

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

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

7 warehouse employee, or Secretary’s designated employee, 

8 for 1 additional hour at the employee’s regular rate of pay 

9 for each day during which the employee works a split shift. 

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

11 to an employee pursuant to subsection (a), (b), or (c) (re12 ferred to in this subsection as ‘‘additional pay’’) shall be 

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

14 shall identify, in the corresponding written wage statement 

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

16 provided for the pay period involved and whether the addi17 tional pay was due to the requirements of subsection (a), 

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

19 of subsection (c). 

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

21 (a) IN GENERAL.—An employee employed by a cov22 ered employer may decline, without penalty, to work any 

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

24 occurs— 


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•S 3642 IS

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

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

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

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

5 (b) CONSENT.— 

6 (1) IN GENERAL.—A covered employer shall ob7 tain written consent from an employee in order for 

8 the employee to work any shift described in sub9 section (a). Such consent may be for each such shift 

10 or for multiple shifts. 

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

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

13 any time during the employment. 

14 (c) COMPENSATION.—For each instance that an em15 ployee employed by a covered employer works a shift de16 scribed in subsection (a), the covered employer shall com17 pensate the employee at 1.5 times the employee’s sched18 uled rate of pay for the hours worked that are less than 

19 11 hours apart from the hours worked during the previous 

20 shift. 

21 SEC. 6. PROHIBITED ACTS. 

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

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

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


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•S 3642 IS

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

2 or warehouse employee, or Secretary’s designated 

3 employee, as set forth in section 4; or 

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

5 forth in section 5. 

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

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

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

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

12 For purposes of section 3, such retaliation shall include 

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

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

16 or perceived eligibility to request or receive a change in 

17 the terms and conditions of employment, as described in 

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

19 3(c). 

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

22 in any other manner discriminate against any individual 

23 because such individual— 


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

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

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

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

8 inquiry or proceeding relating to any right provided 

9 under this Act. 

10 SEC. 7. REMEDIES AND ENFORCEMENT. 

11 (a) INVESTIGATIVE AUTHORITY.— 

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

13 this Act, or any regulation or order issued under 

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

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

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

18 (2) OBLIGATION TO KEEP AND PRESERVE

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

20 preserve records pertaining to compliance with this 

21 Act in accordance with regulations issued by the 

22 Secretary under section 9. 

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

25 not require, under the authority of this subsection, 


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•S 3642 IS

1 any employer to submit to the Secretary any books 

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

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

5 regulation or order issued pursuant to this Act, or 

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

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

8 any investigation provided for in this section, the 

9 Secretary shall have the subpoena authority provided 

10 for under section 9 of the Fair Labor Standards Act 

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

12 (b) CIVIL ACTION BY EMPLOYEES.— 

13 (1) LIABILITY.— 

14 (A) IN GENERAL.—Any employer who vio15 lates section 6(a)(2) (with respect to a right set 

16 forth in subsection (a), (b), or (c) of section 4), 

17 section 5, or subsection (b) or (c) of section 6 

18 (each such provision referred to in this section 

19 as a ‘‘covered provision’’) shall be liable to any 

20 employee affected for— 

21 (i) damages equal to the amount of— 

22 (I) any wages, salary, employ23 ment benefits (as defined in section 

24 101 of the Family and Medical Leave 

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


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•S 3642 IS

1 other compensation denied, lost, or 

2 owed to such employee by reason of 

3 the violation; or 

4 (II) in a case in which wages, 

5 salary, employment benefits (as so de6 fined), or other compensation have 

7 not been denied, lost, or owed to the 

8 employee, any actual monetary losses 

9 sustained by the employee as a direct 

10 result of the violation; 

11 (ii) interest on the amount described 

12 in clause (i) calculated at the prevailing 

13 rate; 

14 (iii) except as described in subpara15 graph (B), an additional amount as liq16 uidated damages equal to the sum of the 

17 amount described in clause (i) and the in18 terest described in clause (ii); and 

19 (iv) such equitable relief as may be 

20 appropriate, including employment, rein21 statement, and promotion. 

22 (B) EXCEPTION FOR LIQUIDATED DAM23 AGES.—If an employer who has violated a cov24 ered provision proves to the satisfaction of the 

25 court that the act or omission which violated 


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•S 3642 IS

1 the covered provision was in good faith and that 

2 the employer had reasonable grounds for believ3 ing that the act or omission was not a violation 

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

5 discretion of the court, waive such liquidated 

6 damages. 

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

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

9 paragraph (1) may be maintained against any em10 ployer (including a public agency) in any Federal or 

11 State court of competent jurisdiction by any one or 

12 more employees for and on behalf of— 

13 (A) the employees; or 

14 (B) the employees and any other employees 

15 similarly situated. 

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

17 action shall, in addition to any judgment awarded to 

18 the plaintiff, allow a reasonable attorney’s fee, rea19 sonable expert witness fees, and other costs of the 

20 action to be paid by the defendant. 

21 (4) LIMITATIONS.—The right provided by para22 graph (2) to bring an action by or on behalf of any 

23 employee shall terminate on the filing of a complaint 

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

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1 est, or equitable relief described in paragraph (1)(A) 

2 owing to an employee by an employer liable under 

3 paragraph (1) unless the action described is dis4 missed without prejudice on motion of the Secretary. 

5 (c) ACTIONS BY THE SECRETARY.— 

6 (1) ADMINISTRATIVE ACTION.—The Secretary 

7 shall receive, investigate, and attempt to resolve 

8 complaints of violations of this Act in the same man9 ner that the Secretary receives, investigates, and at10 tempts to resolve complaints of violations of sections 

11 6 and 7 of the Fair Labor Standards Act of 1938 

12 (29 U.S.C. 206 and 207), and may issue an order 

13 making determinations, and assessing a civil penalty 

14 described in paragraph (3) (in accordance with para15 graph (3)), with respect to such an alleged violation. 

16 (2) ADMINISTRATIVE REVIEW.—An affected 

17 person who takes exception to an order issued under 

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

19 regarding such an order by an administrative law 

20 judge. In reviewing the order, the administrative law 

21 judge may hold an administrative hearing con22 cerning the order, in accordance with the require23 ments of sections 554, 556, and 557 of title 5, 

24 United States Code. Such hearing shall be conducted 

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1 view within 60 days after the order is issued under 

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

3 final order that is not subject to judicial review. 

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

5 and repeatedly violates— 

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

7 penalty in an amount to be determined by the 

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

9 and 

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

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

12 determined by the Secretary, but not to exceed 

13 $1,100 per violation. 

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

15 an action in any court of competent jurisdiction on 

16 behalf of aggrieved employees to— 

17 (A) restrain violations of this Act; 

18 (B) award such equitable relief as may be 

19 appropriate, including employment, reinstate20 ment, and promotion; and 

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

22 provision, recover the damages and interest de23 scribed in clauses (i) through (iii) of subsection 

24 (b)(1)(A). 

25 (d) LIMITATION.— 


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

4 event constituting the alleged violation for which the 

5 action is brought. 

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

7 action brought for a willful violation of section 6, 

8 such action may be brought within 3 years of the 

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

11 (3) COMMENCEMENT.—In determining when an 

12 action is commenced by the Secretary or by an em13 ployee under this section for the purposes of this 

14 subsection, it shall be considered to be commenced 

15 on the date when the complaint is filed. 

16 (e) OTHER ADMINISTRATIVE OFFICERS.— 

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

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

19 under this Act shall be exercised by the Board of Di20 rectors of the Office of Congressional Workplace 

21 Rights. 

22 (2) PRESIDENT; MERIT SYSTEMS PROTECTION

23 BOARD.—In the case of employees described in sec24 tion 2(9)(D), the authority of the Secretary under 


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•S 3642 IS

1 this Act shall be exercised by the President and the 

2 Merit Systems Protection Board. 

3 (3) OFFICE OF PERSONNEL MANAGEMENT.—In 

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

5 the authority of the Secretary under this Act shall 

6 be exercised by the Office of Personnel Management. 

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

8 employees of the Library of Congress, the authority 

9 of the Secretary under this Act shall be exercised by 

10 the Librarian of Congress. 

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

12 employees of the Government Accountability Office, 

13 the authority of the Secretary under this Act shall 

14 be exercised by the Comptroller General of the 

15 United States. 

16 SEC. 8. NOTICE AND POSTING. 

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

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

19 employer where notices to employees and applicants for 

20 employment are customarily posted, a notice, to be pre21 pared or approved by the Secretary (or, as applicable, the 

22 corresponding administrative officer specified in section 

23 7(e)) setting forth excerpts from, or summaries of, the 

24 pertinent provisions of this Act and information pertaining 

25 to the filing of a complaint under this Act. 


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

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

3 exceed $100 for each separate offense. 

4 SEC. 9. REGULATIONS. 

5 (a) SECRETARY OF LABOR.— 

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

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

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

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

15 that specify a process the Secretary will follow, 

16 in accordance with subparagraph (B), to iden17 tify and designate occupations in addition to re18 tail, food service, cleaning, hospitality, or ware19 house occupations that are appropriate for cov20 erage under section 4. Nonexempt employees in 

21 occupations designated under this subparagraph 

22 shall be Secretary’s designated employees. 

23 (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(9)(C). The procedures 

4 applicable to regulations of the Board issued for the 

5 implementation of the Congressional Accountability 

6 Act of 1995 (2 U.S.C. 1301 et seq.), prescribed in 

7 section 304 of that Act (2 U.S.C. 1384), shall be the 

8 procedures applicable to regulations issued under 

9 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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•S 3642 IS

1 under this Act with respect to the employees de2 scribed in section 2(9)(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(9)(D). 

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

11 the enforcement and remedies provisions concerning 

12 the President and the Merit Systems Protection 

13 Board, and applicable to rights and protections 

14 under the Family and Medical Leave Act of 1993, 

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

16 (3) MODIFICATIONS.—The regulations issued 

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

18 the same as substantive regulations issued by the 

19 Secretary to implement this Act, except to the extent 

20 that the President may determine, for good cause 

21 shown and stated together with the regulations 

22 issued by the President, that a modification of such 

23 substantive regulations would be more effective for 

24 the implementation of the rights and protections 


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•S 3642 IS

1 under this Act with respect to the employees de2 scribed in section 2(9)(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(9)(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(9)(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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•S 3642 IS

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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