I 

118TH CONGRESS 

1ST SESSION H. R. 5563 

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 

SEPTEMBER 19, 2023 

Ms. DELAURO (for herself, Ms. SCHAKOWSKY, Ms. NORTON, Ms. LEE of California, Ms. BUDZINSKI, Mr. DAVIS of Illinois, Mr. CLEAVER, and Mr. 

LYNCH) 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 Accountability, and the Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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

to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices that negatively 

affect employees, and for other purposes. 


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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 

co-breadwinners in 2 10 ⁄3 of families with children in 

11 the United States. 

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

13 workforce, many workers have little notice of their 

14 work schedules and lack the ability to make changes 

15 to the work hours in such schedules, which under16 mines their ability to accommodate family respon17 sibilities. 

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

19 more likely to be the primary or sole breadwinner for 

20 their families than mothers working in higher-paid 

jobs. For example, nearly 7 in 10 mothers in the 1 21 ⁄5

22 of households in the United States with the lowest 

23 incomes bring home all or most of their families’ income, compared to less than 1 24 ⁄3 of their counterparts 

25 in the highest-income quintile. 


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

2 have the least control over their work hours and face 

3 the most unpredictable schedules. In some indus4 tries, ‘‘just-in-time’’ scheduling practices, which base 

5 workers’ schedules on perceived consumer demand to 

6 minimize labor costs, are particularly common. Em7 ployers using these practices often post work sched8 ules with little notice, vary work hours widely from 

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

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

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

12 employee will have to work later that day) or 

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

14 closing shift at night followed by an opening shift a 

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

16 show that— 

(i) about 2 17 ⁄3 of hourly retail and food serv18 ice workers receive their work schedules with 

less than 2 weeks’ advance notice and about 1 19 ⁄3

20 receive their schedule with less than 1 week’s 

21 notice; 

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

23 service workers have been scheduled for on-call 

24 shifts, and more than 1 in 3 have worked 

25 ‘‘clopening’’ shifts; and 


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1 (iii) 65 percent of hourly retail and food 

2 service workers would like a more stable and 

3 predictable schedule. 

4 (4) Unfair work scheduling practices make it 

5 difficult for low-paid workers to— 

6 (A) provide necessary care for children and 

7 other family members, including securing and 

8 maintaining stable child care; 

9 (B) access and receive needed care for the 

10 workers’ own serious health conditions; 

11 (C) pursue workforce training; 

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

13 workers need to make ends meet; 

14 (E) plan for and access transportation to 

15 reach worksites; and 

16 (F) qualify for and maintain eligibility for 

17 needed public benefits and work supports, such 

18 as child care subsidies and benefits under the 

19 supplemental nutrition assistance program, due 

20 to fluctuations in income and work hours. 

21 (5) Unstable work schedules pre-date the pan22 demic and economic recession caused by COVID–19, 

23 but the harm of these workplace practices was exac24 erbated as millions of workers risked their own 

25 health and safety at jobs with few protections, volaVerDate Sep 11 2014 22:31 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5563.IH H5563

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1 tile schedules, and inadequate hours, in an effort to 

2 support themselves and their families. Employers 

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

4 throughout the pandemic, even as workers faced ad5 ditional caregiving challenges due to school and child 

6 care closures and quarantines. 

7 (6) A growing body of research demonstrates 

8 that unstable and unpredictable work schedules have 

9 significant detrimental impacts on sleep quality, 

10 mental health, and happiness, and are associated 

11 with unstable child care arrangements and negative 

12 health and behavioral outcomes for children. And 

13 impacts are likely to be the most severe for workers 

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

15 more likely than their White counterparts—even 

16 compared to White coworkers at the same com17 pany—to experience unstable work schedules. Unsta18 ble and unpredictable work schedules—and the 

19 work-family conflict they produce—are also associ20 ated with higher rates of turnover, which creates 

21 further instability for employers and workers. Some 

22 examples of the detrimental impacts of unstable and 

23 unpredictable work schedules are as follows: 

24 (A) Unstable work schedules lead to more 

25 household economic strain and time conflicts 


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

2 which can negatively impact children’s health 

3 and behavior. 

4 (B) Workers with the most severe insta5 bility in their work schedules also face the high6 est risk of negative behavior and health out7 comes for their children. 

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

9 shifts and last-minute shift changes are associ10 ated with more unstable child care arrange11 ments and with the use of siblings to provide 

12 care. 

13 (D) Work schedule instability causes more 

14 work-family conflict, which increases the chance 

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

16 job, and is associated with downward mobility 

17 of the earnings of the worker. 

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

19 of color are more likely to— 

20 (I) have cancelled shifts; 

21 (II) have on-call shifts; 

22 (III) be involuntary part-time work23 ers; 

24 (IV) have trouble getting time off; 

25 and 


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1 (V) work ‘‘clopening’’ shifts, as de2 scribed in paragraph (3)(B). 

3 (ii) The statistics described in clause (i) re4 main true after controlling for demographics, 

5 human capital, worker power, firm segregation, 

6 and discordance with the race or ethnicity of 

7 the worker and the manager. Race gaps in job 

8 quality are greater for women of color. 

9 (F) Workers who receive shorter advance 

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

11 last-minute shift cancellation and timing 

12 changes, or who have more volatile work hours 

13 are more likely to experience hunger, residential 

14 hardships, and greater overall economic hard15 ship. 

16 (7) Unpredictable and unstable work schedules 

17 are common in a wide range of occupations, with 

18 evidence of particular concentration in food service, 

19 retail, cleaning, hospitality, and warehouse occupa20 tions. These occupations are critically important to 

21 the United States economy. 

22 (8) Employers that have implemented fair work 

23 scheduling policies that allow workers to have more 

24 control over their work schedules, and provide more 

25 predictable and stable schedules, have experienced 


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1 significant benefits, including reductions in absentee2 ism and workforce turnover, and increased worker 

3 morale and engagement. For example, when Gap 

4 Inc. piloted strategies to make work schedules more 

5 stable and predictable for employees, the Gap Inc. 

6 stores that implemented these strategies experienced 

7 higher productivity and a 7 percent increase in sales, 

8 compared to those Gap Inc. stores that did not im9 plement these strategies. 

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

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

12 work hours and for more predictable schedules. 

13 SEC. 2. DEFINITIONS. 

14 In this Act: 

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

16 ‘‘bona fide business reason’’ means— 

17 (A) the identifiable burden of additional 

18 costs to an employer, including the cost of pro19 ductivity loss, retraining or hiring employees, or 

20 transferring employees from one facility to an21 other facility; 

22 (B) a significant detrimental effect on the 

23 employer’s ability to meet organizational needs 

24 or customer demand; 


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1 (C) a significant inability of the employer, 

2 despite best efforts, to reorganize work among 

3 existing (as of the date of the reorganization) 

4 staff; 

5 (D) a significant detrimental effect on 

6 business performance; 

7 (E) insufficiency of work during the peri8 ods an employee proposes to work; 

9 (F) the need to balance competing sched10 uling requests when it is not possible to grant 

11 all such requests without a significant detri12 mental effect on the employer’s ability to meet 

13 organizational needs; or 

14 (G) such other reason as may be specified 

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

16 corresponding administrative officer specified in 

17 section 7(e)). 

18 (2) CAREER-RELATED EDUCATIONAL OR TRAIN19 ING PROGRAM.—The term ‘‘career-related edu20 cational or training program’’ means an educational 

21 or training program or program of study offered by 

22 a public, private, or nonprofit career and technical 

23 education school, institution of higher education, or 

24 other entity that provides academic education, career 

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1 dial education or English as a second language, as 

2 appropriate), that is a program that leads to a rec3 ognized postsecondary credential (as identified under 

4 section 122(d) of the Workforce Innovation and Op5 portunity Act (29 U.S.C. 3152(d)), and provides ca6 reer awareness information. The term includes a 

7 program allowable under the Workforce Innovation 

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

9 Carl D. Perkins Career and Technical Education 

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

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

12 without regard to whether or not the program is 

13 funded under the corresponding Act. 

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

15 an individual with the status of being a significant 

16 provider of— 

17 (A) ongoing care or education, including 

18 responsibility for securing the ongoing care or 

19 education, of a child; or 

20 (B) ongoing care, including responsibility 

21 for securing the ongoing care, of— 

22 (i) a person with a serious health con23 dition who is in a family relationship with 

24 the individual; or 


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

2 age 65 or older. 

3 (4) CHILD.—The term ‘‘child’’ means, regard4 less of age, a biological, adopted, or foster child, a 

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

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

7 parentis to that child. 

8 (5) COMMERCE TERMS.—The terms ‘‘com9 merce’’ and ‘‘industry or activity affecting com10 merce’’ have the meanings given the terms in section 

11 101 of the Family and Medical Leave Act of 1993 

12 (29 U.S.C. 2611). 

13 (6) COVERED EMPLOYER.— 

14 (A) IN GENERAL.—The term ‘‘covered em15 ployer’’— 

16 (i) means any person engaged in com17 merce or in any industry or activity affect18 ing commerce who employs 15 or more em19 ployees (described in paragraph (10)(A)); 

20 (ii) includes any person who acts, di21 rectly or indirectly, in the interest of such 

22 an employer to any of the employees (de23 scribed in paragraph (10)(A)) of such em24 ployer; 


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1 (iii) includes any successor in interest 

2 of such an employer; and 

3 (iv) includes an agency described in 

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

5 the Family and Medical Leave Act of 1993 

6 (29 U.S.C. 2611(4)), to which subpara7 graph (B) of such section shall apply. 

8 (B) RULE.—For purposes of determining 

9 the number of employees who work for a person 

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

11 (described in paragraph (10)(A)) performing 

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

13 or temporary basis shall be counted, except that 

14 if the number of such employees who perform 

15 work for such a person for compensation fluc16 tuates, the number may be determined for a 

17 calendar year based upon the average number 

18 of such employees who performed work for the 

19 person for compensation during the preceding 

20 calendar year. 

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

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

23 section 3 of the Fair Labor Standards Act of 

24 1938 (29 U.S.C. 203). 


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1 (7) COVERED SECTOR EMPLOYEE.—The term 

2 ‘‘covered sector employee’’ means— 

3 (A) a nonexempt employee who is em4 ployed in a hospitality establishment, in a ware5 house establishment, or in any of the following 

6 occupations, as described by the Bureau of 

7 Labor Statistics Standard Occupational Classi8 fication System (as in effect on the day before 

9 the date of enactment of this Act)— 

10 (i) retail sales occupations consisting 

11 of occupations described in 41–1010 and 

12 41–2000, and all subdivisions thereof, of 

13 such System, which includes first-line su14 pervisors of sales workers, cashiers, gam15 bling change persons and booth cashiers, 

16 counter and rental clerks, parts sales17 persons, and retail salespersons; 

18 (ii) food preparation and serving re19 lated occupations as described in 35–0000, 

20 and all subdivisions thereof, of such Sys21 tem, which includes supervisors of food 

22 preparation and serving workers, cooks 

23 and food preparation workers, food and 

24 beverage serving workers, and other food 

25 preparation and serving related workers; or 


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1 (iii) cleaning occupations as described 

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

3 such System, which includes janitors and 

4 cleaners, maids and housekeeping cleaners, 

5 and building cleaning workers; or 

6 (B) a nonexempt employee who is em7 ployed in any occupation that is designated by 

8 the Secretary under section 9(a)(2)(A) as ap9 propriate for coverage under section 4. 

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

11 partner’’ means the individual recognized as being in 

12 a relationship with an employee under any domestic 

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

14 or political subdivision of a State in which the em15 ployee resides. 

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

17 meaning given the term in section 3 of the Fair 

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

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

20 an individual who is— 

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

22 of the Fair Labor Standards Act of 1938 (29 

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

24 subparagraphs (B) through (G); 


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1 (B) a State employee described in section 

2 304(a) of the Government Employee Rights Act 

3 of 1991 (42 U.S.C. 2000e–16c(a)); 

4 (C) a covered employee, as defined in sec5 tion 101 of the Congressional Accountability 

6 Act of 1995 (2 U.S.C. 1301), other than an ap7 plicant for employment; 

8 (D) a covered employee, as defined in sec9 tion 411(c) of title 3, United States Code; 

10 (E) a Federal officer or employee covered 

11 under subchapter V of chapter 63 of title 5, 

12 United States Code; 

13 (F) an employee of the Library of Con14 gress; or 

15 (G) an employee of the Government Ac16 countability Office. 

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

18 a person— 

19 (A) who is— 

20 (i) a covered employer, as defined in 

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

22 of clauses (ii) through (vii); 

23 (ii) an entity employing a State em24 ployee described in section 304(a) of the 

25 Government Employee Rights Act of 1991; 


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1 (iii) an employing office, as defined in 

2 section 101 of the Congressional Account3 ability Act of 1995; 

4 (iv) an employing office, as defined in 

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

6 Code; 

7 (v) an employing agency covered 

8 under subchapter V of chapter 63 of title 

9 5, United States Code; 

10 (vi) the Librarian of Congress; or 

11 (vii) the Comptroller General of the 

12 United States; and 

13 (B) who is engaged in commerce (including 

14 government), in the production of goods for 

15 commerce, or in an enterprise engaged in com16 merce (including government) or in the produc17 tion of goods for commerce. 

18 (12) FAMILY RELATIONSHIP.—The term ‘‘fam19 ily relationship’’ means a relationship with— 

20 (A) a child, spouse, domestic partner, par21 ent, grandchild, grandparent, sibling, or parent 

22 of a spouse or domestic partner; or 

23 (B) any individual related to the employee 

24 involved by blood or affinity, whose close asso25 ciation with the employee is the equivalent of a 


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1 family relationship described in subparagraph 

2 (A). 

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

4 means the child of a child. 

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

6 means the parent of a parent. 

7 (15) HOSPITALITY ESTABLISHMENT.—The 

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

9 motel, inn, or similar transient lodging establish10 ment. 

11 (16) MINIMUM NUMBER OF EXPECTED WORK

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

13 work hours’’ means the minimum number of hours 

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

15 monthly basis. 

16 (17) NONEXEMPT EMPLOYEE.—The term ‘‘non17 exempt employee’’ means an employee who is not 

18 employed in a bona fide executive, administrative, or 

19 professional capacity, as defined for purposes of sec20 tion 13(a)(1) of the Fair Labor Standards Act of 

21 1938 (29 U.S.C. 213(a)(1)). 

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

23 means any time during which an employer requires 

24 an employee to— 

25 (A) be available to work; and 


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1 (B) contact the employer or the designee 

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

3 employer or designee, to determine whether the 

4 employee is required to report to work at that 

5 time. 

6 (19) PARENT.—The term ‘‘parent’’ means a bi7 ological or adoptive parent, a stepparent, or a person 

8 who stood in a parental relationship to an employee 

9 when the employee was a child. 

10 (20) PARENTAL RELATIONSHIP.—The term 

11 ‘‘parental relationship’’ means a relationship in 

12 which a person assumed the obligations incident to 

13 parenthood for a child and discharged those obliga14 tions before the child reached adulthood. 

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

16 means the Secretary of Labor. 

17 (22) SERIOUS HEALTH CONDITION.—The term 

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

19 the term in section 101 of the Family and Medical 

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

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

22 brother or sister, whether related by half blood, 

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


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1 (24) 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 (25) SPOUSE.—The term ‘‘spouse’’ means a 

11 person with whom an individual entered into— 

12 (A) a marriage as defined or recognized 

13 under State law in the State in which the mar14 riage was entered into; or 

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

16 outside of any State, a marriage that is recog17 nized in the place where entered into and could 

18 have been entered into in at least 1 State. 

19 (26) STATE.—The term ‘‘State’’ has the mean20 ing given the term in section 3 of the Fair Labor 

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

22 (27) WAREHOUSE ESTABLISHMENT.—The term 

23 ‘‘warehouse establishment’’ means any business that 

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

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1 nection with such storage, may include the loading, 

2 packing, sorting, stacking, wrapping, distribution, or 

3 delivery of those goods, wares, or commodities. 

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

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

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

7 times for each shift, during a consecutive 7-day pe8 riod. 

9 (29) WORK SCHEDULE CHANGE.—The term 

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

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

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

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

14 employer. 

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

16 means the specific hours of the workday during 

17 which an employee works. 

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

19 PREDICTABLE, OR STABLE WORK SCHEDULE. 

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

21 from their employer a change in the terms and conditions 

22 of employment as they relate to factors including— 

23 (1) the number of hours the employee is re24 quired to work or be on call for work; 


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

2 work or be on call for work; 

3 (3) the location where the employee is required 

4 to work; 

5 (4) the amount of notification the employee re6 ceives of work schedule assignments; and 

7 (5) minimizing fluctuations in the number of 

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

9 weekly, or monthly basis. 

10 (b) EMPLOYER OBLIGATION TO ENGAGE IN AN

11 INTERACTIVE PROCESS.— 

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

13 change in the terms and conditions of employment 

14 as set forth in subsection (a), the employer shall en15 gage in a timely, good-faith interactive process with 

16 the employee that includes a discussion of potential 

17 schedule changes that would meet the employee’s 

18 needs. 

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

20 (A) subject to subsections (c) and (d), ei21 ther granting or denying the request; and 

22 (B) in the event of a denial— 

23 (i) considering alternatives to the pro24 posed change that might meet the employ25 ee’s needs and granting or denying a reVerDate Sep 11 2014 23:09 Sep 23, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5563.IH H5563

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1 quest for an alternative change in the 

2 terms and conditions of employment as set 

3 forth in subsection (a); and 

4 (ii) stating the reason for denial, in5 cluding whether any such reason is a bona 

6 fide business reason. 

7 (3) INFORMATION.—If information provided by 

8 the employee making a request under this section re9 quires clarification, the employer shall explain what 

10 further information is needed and give the employee 

11 reasonable time to produce the information. 

12 (c) REQUESTS RELATED TO SERIOUS HEALTH CON13 DITION, CAREGIVING, ENROLLMENT IN EDUCATION OR

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

15 request for a change in the terms and conditions of em16 ployment as set forth in subsection (a), specifying that the 

17 request is because of the employee’s serious health condi18 tion, the employee’s responsibilities as a caregiver, the em19 ployee’s enrollment in a career-related educational or 

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

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

22 the employer has a bona fide business reason for denying 

23 the request. 

24 (d) OTHER REQUESTS.—If an employee makes a re25 quest for a change in the terms and conditions of employVerDate Sep 11 2014 22:31 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5563.IH H5563

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1 ment as set forth in subsection (a), for a reason other than 

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

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

4 the employer denies such a request, the employer shall 

5 provide the employee with the reason for the denial, in6 cluding whether any such reason is a bona fide business 

7 reason. 

8 SEC. 4. REQUIREMENTS FOR ADVANCE NOTICE OF WORK 

9 SCHEDULES, PREDICTABILITY PAY, AND 

10 SPLIT SHIFT PAY FOR COVERED SECTOR EM11 PLOYEES. 

12 (a) ADVANCE NOTICE REQUIREMENT.— 

13 (1) PROVIDING NOTICE OF WORK SCHED14 ULES.— 

15 (A) IN GENERAL.—An employer shall pro16 vide a covered sector employee with the work 

17 schedule of the employee— 

18 (i) not less than 14 days before the 

19 first day of such work schedule; or 

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

21 employee on or before the first day of work 

22 of such employee. 

23 (B) COMPENSATION FOR FAILURE TO PRO24 VIDE NOTICE OF WORK SCHEDULE.—An em25 ployer that violates subparagraph (A) shall 


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1 compensate each affected employee in the 

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

3 not provided in violation of such subparagraph. 

4 (C) WORK SCHEDULE CHANGE.—An em5 ployer may make a work schedule change for 

6 the work schedule of a covered sector employee 

7 provided in accordance with subparagraph (A) 

8 if— 

9 (i) such work schedule change is made 

10 not less than 14 days prior to the first day 

11 on which the change is to take effect; or 

12 (ii) the employer provides predict13 ability pay for such change in accordance 

14 with subsection (b). 

15 (D) MINIMUM EXPECTED WORK HOURS.— 

16 (i) IN GENERAL.—An employer shall 

17 inform a covered sector employee of an es18 timate of the minimum number of expected 

19 work hours the employee will be assigned 

20 to work per month for the following 12- 

21 month period— 

22 (I) in the case of a new covered 

23 sector employee, on or before the first 

24 day of work of such employee; or 


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1 (II) in the case of a covered sec2 tor employee who is employed by the 

3 employer on the date of enactment of 

4 this Act, not later than 90 days after 

5 such date. 

6 (ii) UPDATING MINIMUM EXPECTED

7 WORK HOURS.—An employer shall, not less 

8 than once each year, provide each covered 

9 sector employee an updated estimate of the 

10 minimum number of expected work hours 

11 the employee will be assigned to work per 

12 month for the following 12-month period. 

13 Such a revised estimate shall be provided 

14 not later than the earlier of (as applica15 ble)— 

16 (I) 1 year after the date on which 

17 the estimate was provided under 

18 clause (i) or the most recent update of 

19 an estimate was provided under this 

20 clause; or 

21 (II) the day before the effective 

22 date of a significant change to the 

23 minimum expected work hours of the 

24 employee due to changes in the availVerDate Sep 11 2014 22:31 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5563.IH H5563

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1 ability of the employee or to the busi2 ness needs of the employer. 

3 (2) NOTIFICATIONS IN WRITING.—The notifica4 tions required under subparagraphs (A) and (D) of 

5 paragraph (1) shall be made to the employee in6 volved in writing. 

7 (3) SCHEDULE POSTING REQUIREMENT.— 

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

9 a copy of the work schedule of each covered sec10 tor employee in a conspicuous place that is 

11 readily accessible and visible to all covered sec12 tor employees at the workplace. Posting by elec13 tronic means accessible to all covered sector em14 ployees shall be considered compliance with this 

15 subparagraph. At the request of an employee, 

16 the employer shall carry out the posting so that 

17 the identity of the employee is not readily iden18 tifiable from the schedules posted. 

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

20 employee may decline, without penalty, to work 

21 any hours not included in the work schedule 

22 posted under subparagraph (A) as work hours 

23 for the covered sector employee. 

24 (C) CONSENT.—Except as described in 

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


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1 voluntarily consents to work any hours not 

2 posted under subparagraph (A), such consent 

3 must be recorded in writing. 

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

5 subsection shall be construed to prohibit an em6 ployer from— 

7 (A) providing greater advance notice of the 

8 work schedule of a covered sector employee 

9 than is required under this subsection; or 

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

11 written means required under paragraph (2), of 

12 notifying a covered sector employee of the work 

13 schedule of the employee. 

14 (b) PREDICTABILITY PAY FOR WORK SCHEDULE

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

16 (1) IN GENERAL.—Except as provided in para17 graph (2), for each work schedule change provided 

18 to a covered sector employee that occurs less than 

19 14 days prior to the first day on which the change 

20 is to take effect, the employer of the affected em21 ployee shall be required to provide the affected em22 ployee with pay (referred to in this subsection as 

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

24 (A) The covered sector employee’s regular 

25 rate of pay per hour that the employee works 


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1 plus one additional hour at such regular rate 

2 per work schedule change if the employer— 

3 (i) adds any hours to the hours the 

4 employee is scheduled to work under sub5 section (a); or 

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

7 of the work shift the employee is scheduled 

8 to work under subsection (a) with no loss 

9 of hours. 

(B) Not less than 1 10 ⁄2 times the covered sec11 tor employee’s regular rate of pay per hour for 

12 any hour that the employee is scheduled to 

13 work under subsection (a) and does not work 

14 due to the employer reducing or canceling such 

15 scheduled hours of work. 

16 (2) EXCEPTIONS TO PREDICTABILITY PAY.—An 

17 employer shall not be required to pay predictability 

18 pay under paragraph (1), or to obtain written con19 sent pursuant to subsection (a)(3)(C), under any of 

20 the following circumstances: 

21 (A) A covered sector employee requests a 

22 shift change in writing, including through the 

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

24 leave policy offered by the employer. 


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

2 mutually agreed upon shift trade or coverage 

3 arrangement between covered sector employees, 

4 subject to any policy of the employer regarding 

5 required conditions for employees to exchange 

6 shifts. 

7 (C) The employer’s operations cannot 

8 begin or continue due to— 

9 (i) a threat to the property of an em10 ployee or the employer; 

11 (ii) the failure of a public utility or 

12 the shutdown of public transportation; 

13 (iii) a fire, flood, or other natural dis14 aster; 

15 (iv) a state of emergency declared by 

16 the President of the United States or by 

17 the governor of the State, or the mayor of 

18 the city, in which the operations are lo19 cated; or 

20 (v) a severe weather condition that 

21 poses a threat to employee safety. 

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

23 shall pay a covered sector employee for 1 additional hour 

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

25 which the employee works a split shift. 


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

2 to an employee pursuant to subsection (a), (b), or (c) (re3 ferred to in this subsection as ‘‘additional pay’’) shall be 

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

5 shall identify, in the corresponding written wage statement 

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

7 provided for the pay period involved and whether the addi8 tional pay was due to the requirements of subsection (a), 

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

10 of subsection (c). 

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

12 (a) IN GENERAL.—An employee of a covered em13 ployer may decline, without penalty, to work any work 

14 shift or on-call shift that is scheduled or otherwise oc15 curs— 

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

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

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

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

20 (b) CONSENT.— 

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

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

23 covered employer obtains the employee’s consent in 

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

25 for multiple shifts. 


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

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

3 any time during the employment. 

4 (c) COMPENSATION.—For each instance that an em5 ployee of a covered employer works a shift described in 

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

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

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

9 from the hours worked during the previous shift. 

10 SEC. 6. PROHIBITED ACTS. 

11 (a) INTERFERENCE WITH RIGHTS.—It shall be un12 lawful for any employer to interfere with, restrain, or deny 

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

14 under section 3, 4, or 5. 

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

16 for any employer to discharge, threaten to discharge, de17 mote, suspend, reduce work hours of, or take any other 

18 adverse employment action against any employee in retal19 iation for exercising the rights of an employee under this 

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

21 For purposes of section 3, such retaliation shall include 

22 taking an adverse employment action against any em23 ployee on the basis of that employee’s request for a change 

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

25 or perceived eligibility to request or receive a change in 


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1 the terms and conditions of employment, as described in 

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

3 3(c). 

4 (c) INTERFERENCE WITH PROCEEDINGS OR INQUIR5 IES.—It shall be unlawful for any person to discharge or 

6 in any other manner discriminate against any individual 

7 because such individual— 

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

9 caused to be instituted any proceeding, under or re10 lated to this Act; 

11 (2) has given or is about to give, any informa12 tion in connection with any inquiry or proceeding re13 lating to any right provided under this Act; or 

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

15 inquiry or proceeding relating to any right provided 

16 under this Act. 

17 SEC. 7. REMEDIES AND ENFORCEMENT. 

18 (a) INVESTIGATIVE AUTHORITY.— 

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

20 this Act, or any regulation or order issued under 

21 this Act, the Secretary shall have, subject to para22 graph (3), the investigative authority provided under 

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

24 1938 (29 U.S.C. 211(a)). 


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1 (2) OBLIGATION TO KEEP AND PRESERVE

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

3 preserve records pertaining to compliance with this 

4 Act in accordance with regulations issued by the 

5 Secretary under section 9. 

6 (3) REQUIRED SUBMISSIONS GENERALLY LIM7 ITED TO AN ANNUAL BASIS.—The Secretary shall 

8 not require, under the authority of this subsection, 

9 any employer to submit to the Secretary any books 

10 or records more than once during any 12-month pe11 riod, unless the Secretary has reasonable cause to 

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

13 regulation or order issued pursuant to this Act, or 

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

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

16 any investigation provided for in this section, the 

17 Secretary shall have the subpoena authority provided 

18 for under section 9 of the Fair Labor Standards Act 

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

20 (b) CIVIL ACTION BY EMPLOYEES.— 

21 (1) LIABILITY.— 

22 (A) IN GENERAL.—Any employer who vio23 lates subsection (a) of section 6 (with respect to 

24 a right provided under section 3 or 5 or sub25 section (a), (b), or (c) of section 4) or subVerDate Sep 11 2014 22:31 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5563.IH H5563

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1 section (b) or (c) of such section (each such 

2 provision referred to in this section as a ‘‘cov3 ered provision’’) shall be liable to any employee 

4 affected for— 

5 (i) damages equal to the amount of— 

6 (I) any wages, salary, employ7 ment benefits (as defined in section 

8 101 of the Family and Medical Leave 

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

10 other compensation denied, lost, or 

11 owed to such employee by reason of 

12 the violation; or 

13 (II) in a case in which wages, 

14 salary, employment benefits (as so de15 fined), or other compensation have 

16 not been denied, lost, or owed to the 

17 employee, any actual monetary losses 

18 sustained by the employee as a direct 

19 result of the violation; 

20 (ii) interest on the amount described 

21 in clause (i) calculated at the prevailing 

22 rate; 

23 (iii) except as described in subpara24 graph (B), an additional amount as liq25 uidated damages equal to the sum of the 


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•HR 5563 IH

1 amount described in clause (i) and the in2 terest described in clause (ii); and 

3 (iv) such equitable relief as may be 

4 appropriate, including employment, rein5 statement, and promotion. 

6 (B) EXCEPTION FOR LIQUIDATED DAM7 AGES.—If an employer who has violated a cov8 ered provision proves to the satisfaction of the 

9 court that the act or omission which violated 

10 the covered provision was in good faith and that 

11 the employer had reasonable grounds for believ12 ing that the act or omission was not a violation 

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

14 discretion of the court, waive such liquidated 

15 damages. 

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

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

18 paragraph (1) may be maintained against any em19 ployer (including a public agency) in any Federal or 

20 State court of competent jurisdiction by any one or 

21 more employees for and on behalf of— 

22 (A) the employees; or 

23 (B) the employees and any other employees 

24 similarly situated. 


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

2 action shall, in addition to any judgment awarded to 

3 the plaintiff, allow a reasonable attorney’s fee, rea4 sonable expert witness fees, and other costs of the 

5 action to be paid by the defendant. 

6 (4) LIMITATIONS.—The right provided by para7 graph (2) to bring an action by or on behalf of any 

8 employee shall terminate on the filing of a complaint 

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

10 in which a recovery is sought of the damages, inter11 est, or equitable relief described in paragraph (1)(A) 

12 owing to an employee by an employer liable under 

13 paragraph (1) unless the action described is dis14 missed without prejudice on motion of the Secretary. 

15 (c) ACTIONS BY THE SECRETARY.— 

16 (1) ADMINISTRATIVE ACTION.—The Secretary 

17 shall receive, investigate, and attempt to resolve 

18 complaints of violations of this Act in the same man19 ner that the Secretary receives, investigates, and at20 tempts to resolve complaints of violations of sections 

21 6 and 7 of the Fair Labor Standards Act of 1938 

22 (29 U.S.C. 206 and 207), and may issue an order 

23 making determinations, and assessing a civil penalty 

24 described in paragraph (3) (in accordance with para25 graph (3)), with respect to such an alleged violation. 


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1 (2) ADMINISTRATIVE REVIEW.—An affected 

2 person who takes exception to an order issued under 

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

4 regarding such an order by an administrative law 

5 judge. In reviewing the order, the administrative law 

6 judge may hold an administrative hearing con7 cerning the order, in accordance with the require8 ments of sections 554, 556, and 557 of title 5, 

9 United States Code. Such hearing shall be conducted 

10 expeditiously. If no affected person requests such re11 view within 60 days after the order is issued under 

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

13 final order that is not subject to judicial review. 

14 (3) CIVIL PENALTY.— 

15 (A) IN GENERAL.—An employer who will16 fully and repeatedly violates— 

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

18 a civil penalty in an amount per violation 

19 that is not less than $500 and not more 

20 than $1,000; or 

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

22 shall be subject to a civil penalty in an 

23 amount per violation that is not less than 

24 $1,100 and not more than $5,000. 


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1 (B) WILLFULLY AND REPEATEDLY.—For 

2 purposes of subparagraph (A): 

3 (i) REPEATEDLY.—The term ‘‘repeat4 edly’’, with respect to a violation, means 2 

5 or more such violations. 

6 (ii) WILLFULLY.—The term ‘‘will7 fully’’, with respect to a violation, means 

8 such a violation for which, based on all of 

9 the facts and circumstances surrounding 

10 the violation, an employer— 

11 (I) knew that its conduct was 

12 prohibited by, as applicable, section 4 

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

14 6; or 

15 (II) showed reckless disregard for 

16 the requirements of, as applicable, 

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

18 of section 6. 

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

20 an action in any court of competent jurisdiction on 

21 behalf of aggrieved employees to— 

22 (A) restrain violations of this Act; 

23 (B) award such equitable relief as may be 

24 appropriate, including employment, reinstate25 ment, and promotion; and 


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

2 provision, recover the damages and interest de3 scribed in clauses (i) through (iii) of subsection 

4 (b)(1)(A). 

5 (d) LIMITATION.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), an action may be brought under this sec8 tion not later than 2 years after the date of the last 

9 event constituting the alleged violation for which the 

10 action is brought. 

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

12 action brought for a willful violation of section 6, 

13 such action may be brought within 3 years of the 

14 date of the last event constituting the alleged viola15 tion for which such action is brought. 

16 (3) COMMENCEMENT.—In determining when an 

17 action is commenced by the Secretary or by an em18 ployee under this section for the purposes of this 

19 subsection, it shall be considered to be commenced 

20 on the date when the complaint is filed. 

21 (e) OTHER ADMINISTRATIVE OFFICERS.— 

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

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

24 under this Act shall be exercised by the Board of DiVerDate Sep 11 2014 22:31 Sep 21, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5563.IH H5563

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1 rectors of the Office of Congressional Workplace 

2 Rights. 

3 (2) PRESIDENT; MERIT SYSTEMS PROTECTION

4 BOARD.—In the case of employees described in sec5 tion 2(10)(D), the authority of the Secretary under 

6 this Act shall be exercised by the President and the 

7 Merit Systems Protection Board. 

8 (3) OFFICE OF PERSONNEL MANAGEMENT.—In 

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

10 the authority of the Secretary under this Act shall 

11 be exercised by the Office of Personnel Management. 

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

13 employees of the Library of Congress, the authority 

14 of the Secretary under this Act shall be exercised by 

15 the Librarian of Congress. 

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

17 employees of the Government Accountability Office, 

18 the authority of the Secretary under this Act shall 

19 be exercised by the Comptroller General of the 

20 United States. 

21 SEC. 8. NOTICE AND POSTING. 

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

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

24 employer where notices to employees and applicants for 

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1 pared or approved by the Secretary (or, as applicable, the 

2 corresponding administrative officer specified in section 

3 7(e)) setting forth excerpts from, or summaries of, the 

4 pertinent provisions of this Act and information pertaining 

5 to the filing of a complaint under this Act. 

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

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

8 exceed $100 for each separate offense. 

9 SEC. 9. REGULATIONS. 

10 (a) SECRETARY OF LABOR.— 

11 (1) IN GENERAL.—Except as provided in sub12 sections (b) through (f), not later than 180 days 

13 after the date of enactment of this Act, the Sec14 retary shall issue such regulations as may be nec15 essary to implement this Act. 

16 (2) REGULATIONS REGARDING ADDITIONAL OC17 CUPATIONS TO BE COVERED.— 

18 (A) IN GENERAL.—In carrying out para19 graph (1), the Secretary shall issue regulations 

20 that specify a process the Secretary will follow, 

21 in accordance with subparagraph (B), to iden22 tify and designate occupations in addition to re23 tail, food service, cleaning, hospitality, or ware24 house occupations that are appropriate for cov25 erage under section 4. 


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1 (B) CRITERIA.—The regulations under 

2 subparagraph (A) shall provide that the Sec3 retary shall so designate an additional occupa4 tion— 

5 (i) in which not less than 10 percent 

6 of workers employed in the occupation gen7 erally— 

8 (I) receive advance notice of their 

9 work schedules less than 14 days be10 fore the first day of the work sched11 ules; or 

12 (II) experience fluctuations in the 

13 number of hours the employees are 

14 scheduled to work on a daily, weekly, 

15 or monthly basis; or 

16 (ii) for which the Secretary deter17 mines such designation is appropriate. 

18 (C) DATA REVIEW.—In issuing regulations 

19 under subparagraph (A), the Secretary shall 

20 specify the process by which the Department of 

21 Labor will review data from stakeholders, and 

22 data collected or generated by the Department, 

23 in designating occupations. 

24 (b) BOARD.— 


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

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

3 of Directors of the Office of Congressional Work4 place Rights shall issue such regulations as may be 

5 necessary to implement this Act with respect to em6 ployees described in section 2(10)(C). The proce7 dures applicable to regulations of the Board issued 

8 for the implementation of the Congressional Ac9 countability Act of 1995 (2 U.S.C. 1301 et seq.), 

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

11 1384), shall be the procedures applicable to regula12 tions issued under this subsection. 

13 (2) CONSIDERATION.—In prescribing the regu14 lations, the Board shall take into consideration the 

15 enforcement and remedies provisions concerning the 

16 Office, and applicable to rights and protections 

17 under the Family and Medical Leave Act of 1993 

18 (29 U.S.C. 2601 et seq.), under the Congressional 

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

20 (3) MODIFICATIONS.—The regulations issued 

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

22 the same as substantive regulations issued by the 

23 Secretary to implement this Act, except to the extent 

24 that the Board may determine, for good cause 

25 shown and stated together with the regulations 


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1 issued by the Board, that a modification of such 

2 substantive regulations would be more effective for 

3 the implementation of the rights and protections 

4 under this Act with respect to the employees de5 scribed in section 2(10)(C). 

6 (c) PRESIDENT.— 

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

8 after the date of enactment of this Act, the Presi9 dent shall issue such regulations as may be nec10 essary to implement this Act with respect to employ11 ees described in section 2(10)(D). 

12 (2) CONSIDERATION.—In prescribing the regu13 lations, the President shall take into consideration 

14 the enforcement and remedies provisions concerning 

15 the President and the Merit Systems Protection 

16 Board, and applicable to rights and protections 

17 under the Family and Medical Leave Act of 1993, 

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

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 President may determine, for good cause 

24 shown and stated together with the regulations 

25 issued by the President, that a modification of such 


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1 substantive regulations would be more effective for 

2 the implementation of the rights and protections 

3 under this Act with respect to the employees de4 scribed in section 2(10)(D). 

5 (d) OFFICE OF PERSONNEL MANAGEMENT.— 

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

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

8 of Personnel Management shall issue such regula9 tions as may be necessary to implement this Act 

10 with respect to employees described in section 

11 2(10)(E). 

12 (2) CONSIDERATION.—In prescribing the regu13 lations, the Office shall take into consideration the 

14 enforcement and remedies provisions concerning the 

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

16 United States Code. 

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 Office may determine, for good cause shown 

22 and stated together with the regulations issued by 

23 the Office, that a modification of such substantive 

24 regulations would be more effective for the imple25 mentation of the rights and protections under this 


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1 Act with respect to the employees described in sec2 tion 2(10)(E). 

3 (e) LIBRARIAN OF CONGRESS.— 

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

5 after the date of enactment of this Act, the Librar6 ian of Congress shall issue such regulations as may 

7 be necessary to implement this Act with respect to 

8 employees of the Library of Congress. 

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

11 the enforcement and remedies provisions concerning 

12 the Librarian of Congress under title I of the Fam13 ily and Medical Leave Act of 1993 (29 U.S.C. 2611 

14 et seq.). 

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 Librarian may determine, for good cause 

20 shown and stated together with the regulations 

21 issued by the Librarian, that a modification of such 

22 substantive regulations would be more effective for 

23 the implementation of the rights and protections 

24 under this Act with respect to employees of the Li25 brary of Congress. 


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1 (f) COMPTROLLER GENERAL.— 

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

3 after the date of enactment of this Act, the Comp4 troller General shall issue such regulations as may 

5 be necessary to implement this Act with respect to 

6 employees of the Government Accountability Office. 

7 (2) CONSIDERATION.—In prescribing the regu8 lations, the Comptroller General shall take into con9 sideration the enforcement and remedies provisions 

10 concerning the Comptroller General under title I of 

11 the Family and Medical Leave Act of 1993 (29 

12 U.S.C. 2611 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 Comptroller General may determine, for 

18 good cause shown and stated together with the regu19 lations issued by the Comptroller General, that a 

20 modification of such substantive regulations would 

21 be more effective for the implementation of the 

22 rights and protections under this Act with respect to 

23 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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