I 

117TH CONGRESS 

2D SESSION H. R. 6670 

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 

FEBRUARY 9, 2022 

Ms. DELAURO (for herself, Ms. SCHAKOWSKY, Mrs. CAROLYN B. MALONEY

of New York, Mr. LOWENTHAL, Mr. BOWMAN, Mr. DANNY K. DAVIS of 

Illinois, Ms. NORTON, Ms. BONAMICI, Mr. DESAULNIER, Ms. PINGREE, 

Mr. COHEN, Ms. ESHOO, Mrs. DINGELL, Mrs. BEATTY, Ms. LEE of California, Mr. DOGGETT, Mr. GARCI ́A of Illinois, Mr. TORRES of New York, 

Ms. JAYAPAL, Mrs. LAWRENCE, Ms. UNDERWOOD, Mr. POCAN, Ms. PORTER, and Miss RICE of New York) introduced the following bill; which 

was referred to the Committee on Education and Labor, and in addition 

to the Committees on House Administration, Oversight and Reform, and 

the Judiciary, for a period to be subsequently determined by the Speaker, 

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

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 is exacer24 bated as millions of workers risk their own health 

25 and safety at jobs with few protections, volatile 


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1 schedules, and inadequate hours, in an effort to sup2 port themselves and their families. Employers have 

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

4 throughout the pandemic, even as workers face addi5 tional 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, which 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 advanced 

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

11 last-minute shift cancellation and timing 

12 changes, or with more volatile work hours are 

13 more likely to experience hunger, residential 

14 hardships, and more overall economic hardship. 

15 (7) Unpredictable and unstable work schedules 

16 are common in a wide range of occupations, with 

17 evidence of particular concentration in food service, 

18 retail, cleaning, hospitality, and warehouse occupa19 tions. These occupations are critically important to 

20 the United States economy. 

21 (8) Employers that have implemented fair work 

22 scheduling policies that allow workers to have more 

23 control over their work schedules, and provide more 

24 predictable and stable schedules, have experienced 

25 significant benefits, including reductions in absenteeVerDate Sep 11 2014 02:21 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6670.IH H6670

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1 ism and workforce turnover, and increased worker 

2 morale and engagement. For example, when Gap 

3 Inc. piloted strategies to make work schedules more 

4 stable and predictable for employees, the Gap Inc. 

5 stores that implemented these strategies experienced 

6 higher productivity and a 7 percent increase in sales, 

7 compared to those Gap Inc. stores that did not im8 plement these strategies. 

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

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

11 work hours and for more predictable schedules. 

12 SEC. 2. DEFINITIONS. 

13 In this Act: 

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

15 ‘‘bona fide business reason’’ means— 

16 (A) the identifiable burden of additional 

17 costs to an employer, including the cost of pro18 ductivity loss, retraining or hiring employees, or 

19 transferring employees from one facility to an20 other facility; 

21 (B) a significant detrimental effect on the 

22 employer’s ability to meet organizational needs 

23 or customer demand; 

24 (C) a significant inability of the employer, 

25 despite best efforts, to reorganize work among 


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1 existing (as of the date of the reorganization) 

2 staff; 

3 (D) a significant detrimental effect on 

4 business performance; 

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

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

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

11 organizational needs; or 

12 (G) such other reason as may be specified 

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

14 corresponding administrative officer specified in 

15 section 7(e)). 

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

19 or training program or program of study offered by 

20 a public, private, or nonprofit career and technical 

21 education school, institution of higher education, or 

22 other entity that provides academic education, career 

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

25 appropriate), that is a program that leads to a recVerDate Sep 11 2014 02:21 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6670.IH H6670

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1 ognized postsecondary credential (as identified under 

2 section 122(d) of the Workforce Innovation and Op3 portunity Act (29 U.S.C. 3152(d))), and provides 

4 career awareness information. The term includes a 

5 program allowable under the Workforce Innovation 

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

7 Carl D. Perkins Career and Technical Education 

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

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

10 without regard to whether or not the program is 

11 funded under the corresponding Act. 

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

13 an individual with the status of being a significant 

14 provider of— 

15 (A) ongoing care or education, including 

16 responsibility for securing the ongoing care or 

17 education, of a child; or 

18 (B) ongoing care, including responsibility 

19 for securing the ongoing care, of— 

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

22 the individual; or 

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

24 age 65 or older. 


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1 (4) CHILD.—The term ‘‘child’’ means a biologi2 cal, adopted, or foster child, a stepchild, a legal 

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

4 parentis to that child, who is— 

5 (A) under age 18; or 

6 (B) age 18 or older and incapable of self7 care because of a mental or physical disability. 

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 (9)(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 (9)(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 (9)(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) DOMESTIC PARTNER.—The term ‘‘domestic 

2 partner’’ means the individual recognized as being in 

3 a relationship with an employee under any domestic 

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

5 or political subdivision of a State in which the em6 ployee resides. 

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

8 meaning given the term in section 3 of the Fair 

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

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

11 an individual who is— 

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

13 of the Fair Labor Standards Act of 1938 (29 

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

15 subparagraphs (B) through (G); 

16 (B) a State employee described in section 

17 304(a) of the Government Employee Rights Act 

18 of 1991 (42 U.S.C. 2000e–16c(a)); 

19 (C) a covered employee, as defined in sec20 tion 101 of the Congressional Accountability 

21 Act of 1995 (2 U.S.C. 1301), other than an ap22 plicant for employment; 

23 (D) a covered employee, as defined in sec24 tion 411(c) of title 3, United States Code; 


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1 (E) a Federal officer or employee covered 

2 under subchapter V of chapter 63 of title 5, 

3 United States Code; 

4 (F) an employee of the Library of Con5 gress; or 

6 (G) an employee of the Government Ac7 countability Office. 

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

9 a person— 

10 (A) who is— 

11 (i) a covered employer, as defined in 

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

13 of clauses (ii) through (vii); 

14 (ii) an entity employing a State em15 ployee described in section 304(a) of the 

16 Government Employee Rights Act of 1991; 

17 (iii) an employing office, as defined in 

18 section 101 of the Congressional Account19 ability Act of 1995; 

20 (iv) an employing office, as defined in 

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

22 Code; 

23 (v) an employing agency covered 

24 under subchapter V of chapter 63 of title 

25 5, United States Code; 


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1 (vi) the Librarian of Congress; or 

2 (vii) the Comptroller General of the 

3 United States; and 

4 (B) who is engaged in commerce (including 

5 government), in the production of goods for 

6 commerce, or in an enterprise engaged in com7 merce (including government) or in the produc8 tion of goods for commerce. 

9 (11) FAMILY RELATIONSHIP.—The term ‘‘fam10 ily relationship’’ means a relationship with— 

11 (A) a child, spouse, domestic partner, par12 ent, grandchild, grandparent, sibling, or parent 

13 of a spouse or domestic partner; or 

14 (B) any individual related to the employee 

15 involved by blood or affinity, whose close asso16 ciation with the employee is the equivalent of a 

17 family relationship described in subparagraph 

18 (A). 

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

20 means the child of a child. 

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

22 means the parent of a parent. 

23 (14) HOSPITALITY ESTABLISHMENT.—The 

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


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1 motel, inn, or similar transient lodging establish2 ment. 

3 (15) MINIMUM NUMBER OF EXPECTED WORK

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

5 work hours’’ means the minimum number of hours 

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

7 monthly basis. 

8 (16) NONEXEMPT EMPLOYEE.—The term ‘‘non9 exempt employee’’ means an employee who is not 

10 employed in a bona fide executive, administrative, or 

11 professional capacity, as defined for purposes of sec12 tion 13(a)(1) of the Fair Labor Standards Act of 

13 1938 (29 U.S.C. 213(a)(1)). 

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

15 means any time during which an employer requires 

16 an employee to— 

17 (A) be available to work; and 

18 (B) contact the employer or the designee 

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

20 employer or designee, to determine whether the 

21 employee is required to report to work at that 

22 time. 

23 (18) PARENT.—The term ‘‘parent’’ means a bi24 ological or adoptive parent, a stepparent, or a person 


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1 who stood in a parental relationship to an employee 

2 when the employee was a child. 

3 (19) PARENTAL RELATIONSHIP.—The term 

4 ‘‘parental relationship’’ means a relationship in 

5 which a person assumed the obligations incident to 

6 parenthood for a child and discharged those obliga7 tions before the child reached adulthood. 

8 (20) RETAIL, FOOD SERVICE, CLEANING, HOS9 PITALITY, OR WAREHOUSE EMPLOYEE.—The term 

10 ‘‘retail, food service, cleaning, hospitality, or ware11 house employee’’ means a nonexempt employee who 

12 is employed in a hospitality establishment, in a 

13 warehouse establishment, or in any of the following 

14 occupations, as described by the Bureau of Labor 

15 Statistics Standard Occupational Classification Sys16 tem (as in effect on the day before the date of enact17 ment of this Act): 

18 (A) Retail sales occupations consisting of 

19 occupations described in 41–1010 and 41– 

20 2000, and all subdivisions thereof, of such Sys21 tem, which includes first-line supervisors of 

22 sales workers, cashiers, gambling change per23 sons and booth cashiers, counter and rental 

24 clerks, parts salespersons, and retail sales25 persons. 


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1 (B) Food preparation and serving related 

2 occupations as described in 35–0000, and all 

3 subdivisions thereof, of such System, which in4 cludes supervisors of food preparation and serv5 ing workers, cooks and food preparation work6 ers, food and beverage serving workers, and 

7 other food preparation and serving related 

8 workers. 

9 (C) Cleaning occupations as described in 

10 37–2011, 37–2012, and 37–2019 of such Sys11 tem, which includes janitors and cleaners, 

12 maids and housekeeping cleaners, and building 

13 cleaning workers. 

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

15 means the Secretary of Labor. 

16 (22) SECRETARY’S DESIGNATED EMPLOYEE.— 

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

18 an employee employed in an occupation, other than 

19 a retail, food service, cleaning, hospitality, or ware20 house occupation, that is designated by the Sec21 retary under section 9(a)(2) as appropriate for cov22 erage under section 4. 

23 (23) SERIOUS HEALTH CONDITION.—The term 

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


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1 the term in section 101 of the Family and Medical 

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

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

4 brother or sister, whether related by half blood, 

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

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

7 means a schedule of daily hours in which the hours 

8 worked are not consecutive, except that— 

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

10 for meals does not exceed one hour shall not be 

11 treated as a split shift; and 

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

13 employee’s work shift is requested by the em14 ployee shall not be treated as a split shift. 

15 (26) SPOUSE.— 

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

17 means a person with whom an individual en18 tered into— 

19 (i) a marriage as defined or recog20 nized under State law in the State in 

21 which the marriage was entered into; or 

22 (ii) in the case of a marriage entered 

23 into outside of any State, a marriage that 

24 is recognized in the place where entered 


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1 into and could have been entered into in at 

2 least 1 State. 

3 (B) SAME-SEX OR COMMON LAW MAR4 RIAGE.—Such term includes an individual in a 

5 same-sex or common law marriage that meets 

6 the requirements of subparagraph (A). 

7 (27) STATE.—The term ‘‘State’’ has the mean8 ing given the term in section 3 of the Fair Labor 

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

10 (28) WAREHOUSE ESTABLISHMENT.—The term 

11 ‘‘warehouse establishment’’ means any business that 

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

13 commodities for hire or compensation, and, in con14 nection with such storage, may include the loading, 

15 packing, sorting, stacking, wrapping, distribution, or 

16 delivery of those goods, wares, or commodities. 

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

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

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

20 times for each shift, during a consecutive 7-day pe21 riod. 

22 (30) WORK SCHEDULE CHANGE.—The term 

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

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

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


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

2 employer. 

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

4 means the specific hours of the workday during 

5 which an employee works. 

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

7 PREDICTABLE, OR STABLE WORK SCHEDULE. 

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

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

10 terms and conditions of employment as they relate to— 

11 (1) the number of hours the employee is re12 quired to work or be on call for work; 

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

14 work or be on call for work; 

15 (3) the location where the employee is required 

16 to work; 

17 (4) the amount of notification the employee re18 ceives of work schedule assignments; and 

19 (5) minimizing fluctuations in the number of 

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

21 weekly, or monthly basis. 

22 (b) EMPLOYER OBLIGATION TO ENGAGE IN AN

23 INTERACTIVE PROCESS.— 

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

25 employee’s employer to request a change in the 


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1 terms and conditions of employment as set forth in 

2 subsection (a), the employer shall engage in a time3 ly, good-faith interactive process with the employee 

4 that includes a discussion of potential schedule 

5 changes that would meet the employee’s needs. 

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

7 (A) subject to subsections (c) and (d), ei8 ther granting or denying the request; and 

9 (B) in the event of a denial— 

10 (i) considering alternatives to the pro11 posed change that might meet the employ12 ee’s needs and granting or denying a re13 quest for an alternative change in the 

14 terms and conditions of employment as set 

15 forth in subsection (a); and 

16 (ii) stating the reason for denial, in17 cluding whether any such reason is a bona 

18 fide business reason. 

19 (3) INFORMATION.—If information provided by 

20 the employee making a request under this section re21 quires clarification, the employer shall explain what 

22 further information is needed and give the employee 

23 reasonable time to produce the information. 

24 (c) REQUESTS RELATED TO CAREGIVING, ENROLL25 MENT IN EDUCATION OR TRAINING, OR A SECOND JOB.— 


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

2 and conditions of employment as set forth in subsection 

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

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

5 due to the employee’s enrollment in a career-related edu6 cational or training program, or if an employee makes a 

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

8 job, the employer shall grant the request, unless the em9 ployer has a bona fide business reason for denying the re10 quest. 

11 (d) OTHER REQUESTS.—If an employee makes a re12 quest for a change in the terms and conditions of employ13 ment as set forth in subsection (a), for a reason other than 

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

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

16 the employer denies such a request, the employer shall 

17 provide the employee with the reason for the denial, in18 cluding whether any such reason is a bona fide business 

19 reason. 

20 SEC. 4. REQUIREMENTS FOR ADVANCE NOTICE OF WORK 

21 SCHEDULES, PREDICTABILITY PAY, AND 

22 SPLIT SHIFT PAY FOR RETAIL, FOOD SERV23 ICE, CLEANING, HOSPITALITY, WAREHOUSE, 

24 OR SECRETARY’S DESIGNATED EMPLOYEES. 

25 (a) ADVANCE NOTICE REQUIREMENT.— 


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1 (1) PROVIDING NOTICE OF WORK SCHED2 ULES.— 

3 (A) IN GENERAL.—An employer shall pro4 vide a retail, food service, cleaning, hospitality, 

5 or warehouse employee, or Secretary’s des6 ignated employee, with the work schedule of the 

7 employee— 

8 (i) not less than 14 days before the 

9 first day of such work schedule; or 

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

11 service, cleaning, hospitality, or warehouse 

12 employee, or Secretary’s designated em13 ployee, on or before the first day of work 

14 of such employee. 

15 (B) COMPENSATION FOR FAILURE TO PRO16 VIDE NOTICE OF WORK SCHEDULE.—An em17 ployer that violates subparagraph (A) shall 

18 compensate each affected employee in the 

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

20 not provided in violation of such subparagraph. 

21 (C) WORK SCHEDULE CHANGE.—An em22 ployer may make a work schedule change for 

23 the work schedule of a retail, food service, 

24 cleaning, hospitality, or warehouse employee, or 


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1 Secretary’s designated employee, provided in ac2 cordance with subparagraph (A) if— 

3 (i) such work schedule change is made 

4 not less than 14 days prior to the first day 

5 on which the change is to take effect; or 

6 (ii) the employer provides predict7 ability pay for such change in accordance 

8 with subsection (b). 

9 (D) MINIMUM EXPECTED WORK HOURS.— 

10 (i) IN GENERAL.—An employer shall 

11 inform a retail, food service, cleaning, hos12 pitality, or warehouse employee, or Sec13 retary’s designated employee, of an esti14 mate of the minimum number of expected 

15 work hours the employee will be assigned 

16 to work per month for the following 12- 

17 month period— 

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

19 food service, cleaning, hospitality, or 

20 warehouse employee, or Secretary’s 

21 designated employee, on or before the 

22 first day of work of such employee; or 

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

24 service, cleaning, hospitality, or ware25 house employee, or Secretary’s desVerDate Sep 11 2014 02:21 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H6670.IH H6670

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1 ignated employee, who is employed by 

2 the employer on the date of enactment 

3 of this Act, not later than 90 days 

4 after such date. 

5 (ii) UPDATING MINIMUM EXPECTED

6 WORK HOURS.—An employer shall, not less 

7 than once each year, provide each employee 

8 an updated estimate of the minimum num9 ber of expected work hours the employee 

10 will be assigned to work per month for the 

11 following 12-month period. Such a revised 

12 estimate shall be provided not later than 

13 the earlier of (as applicable)— 

14 (I) 1 year after the date on which 

15 the estimate was provided under 

16 clause (i) or the most recent update of 

17 an estimate was provided under this 

18 clause; or 

19 (II) the day before the effective 

20 date of a significant change to the 

21 minimum expected work hours of the 

22 employee due to changes in the avail23 ability of the employee or to the busi24 ness needs of the employer. 


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1 (2) NOTIFICATIONS IN WRITING.—The notifica2 tions required under subparagraphs (A) and (D) of 

3 paragraph (1) shall be made to the employee in4 volved in writing. 

5 (3) SCHEDULE POSTING REQUIREMENT.— 

6 (A) IN GENERAL.—Every employer em7 ploying any retail, food service, cleaning, hospi8 tality, or warehouse employee, or Secretary’s 

9 designated employee, shall post a copy of the 

10 work schedule of each such employee and keep 

11 it posted in a conspicuous place in every estab12 lishment where such employee is employed so as 

13 to permit the employee involved to readily ob14 serve the copy. Availability of that schedule by 

15 electronic means accessible to all retail, food 

16 service, cleaning, hospitality, or warehouse em17 ployees, or Secretary’s designated employees, of 

18 that employer shall be considered compliance 

19 with this subparagraph. 

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

21 service, cleaning, hospitality, or warehouse em22 ployee, or Secretary’s designated employee, may 

23 decline, without penalty, to work any hours not 

24 included in the work schedule posted under sub25 paragraph (A) as work hours for the employee. 


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1 (C) CONSENT.—Except as described in 

2 subsection (b)(2), if a retail, food service, clean3 ing, hospitality, or warehouse employee, or Sec4 retary’s designated employee, voluntarily con5 sents to work any hours not posted under sub6 paragraph (A), such consent must be recorded 

7 in writing. 

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

9 subsection shall be construed to prohibit an em10 ployer from— 

11 (A) providing greater advance notice of the 

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

13 hospitality, or warehouse employee, or Sec14 retary’s designated employee, than is required 

15 under this subsection; or 

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

17 written means required under paragraph (2), of 

18 notifying a retail, food service, cleaning, hospi19 tality, or warehouse employee, or Secretary’s 

20 designated employee, of the work schedule of 

21 the employee. 

22 (b) PREDICTABILITY PAY FOR WORK SCHEDULE

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

24 (1) IN GENERAL.—Except as provided in para25 graph (2), for each work schedule change provided 


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

2 warehouse employee, or Secretary’s designated em3 ployee, that occurs less than 14 days prior to the 

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

5 employer of the affected employee shall be required 

6 to provide the affected employee with pay (referred 

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

8 following rates: 

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

10 hour that the employee works plus one addi11 tional hour at such regular rate per work sched12 ule change if the employer— 

13 (i) adds any hours to the hours the 

14 employee is scheduled to work under sub15 section (a); or 

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

17 of the work shift the employee is scheduled 

18 to work under subsection (a) with no loss 

19 of hours. 

(B) Not less than 1 20 ⁄2 times the employee’s 

21 regular rate of pay per hour for any hour that 

22 the employee is scheduled to work under sub23 section (a) and does not work due to the em24 ployer reducing or canceling such scheduled 

25 hours of work. 


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1 (2) EXCEPTIONS TO PREDICTABILITY PAY.—An 

2 employer shall not be required to pay predictability 

3 pay under paragraph (1), or to obtain written con4 sent pursuant to subsection (a)(3)(C), under any of 

5 the following circumstances: 

6 (A) A retail, food service, cleaning, hospi7 tality, or warehouse employee, or Secretary’s 

8 designated employee, requests a shift change in 

9 writing, including through the use of sick leave, 

10 vacation leave, or any other leave policy offered 

11 by the employer. 

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

13 mutually agreed upon shift trade or coverage 

14 arrangement between retail, food service, clean15 ing, hospitality, or warehouse employees, or 

16 Secretary’s designated employees, subject to 

17 any policy of the employer regarding required 

18 conditions for employees to exchange shifts. 

19 (C) The employer’s operations cannot 

20 begin or continue due to— 

21 (i) a threat to the property of an em22 ployee or the employer; 

23 (ii) the failure of a public utility or 

24 the shutdown of public transportation; 


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1 (iii) a fire, flood, or other natural dis2 aster; 

3 (iv) a state of emergency declared by 

4 the President of the United States or by 

5 the Governor of the State, or the mayor of 

6 the city, in which the operations are lo7 cated; or 

8 (v) a severe weather condition that 

9 poses a threat to employee safety. 

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

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

12 warehouse employee, or Secretary’s designated employee, 

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

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

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

16 to an employee pursuant to subsection (a), (b), or (c) (re17 ferred to in this subsection as ‘‘additional pay’’) shall be 

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

19 shall identify, in the corresponding written wage statement 

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

21 provided for the pay period involved and whether the addi22 tional pay was due to the requirements of subsection (a), 

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

24 of subsection (c). 


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

2 (a) IN GENERAL.—An employee employed by a cov3 ered employer may decline, without penalty, to work any 

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

5 occurs— 

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

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

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

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

10 (b) CONSENT.— 

11 (1) IN GENERAL.—A covered employer shall ob12 tain written consent from an employee in order for 

13 the employee to work any shift described in sub14 section (a). Such consent may be for each such shift 

15 or for multiple shifts. 

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

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

18 any time during the employment. 

19 (c) COMPENSATION.—For each instance that an em20 ployee employed by a covered employer works a shift de21 scribed in subsection (a), the covered employer shall com22 pensate the employee at 1.5 times the employee’s sched23 uled rate of pay for the hours worked that are less than 

24 11 hours apart from the hours worked during the previous 

25 shift. 


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1 SEC. 6. PROHIBITED ACTS. 

2 (a) INTERFERENCE WITH RIGHTS.—It shall be un3 lawful for any employer to interfere with, restrain, or deny 

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

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

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

7 or warehouse employee, or Secretary’s designated 

8 employee, as set forth in section 4; or 

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

10 forth in section 5. 

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

12 for any employer to discharge, threaten to discharge, de13 mote, suspend, reduce work hours of, or take any other 

14 adverse employment action against any employee in retal15 iation for exercising the rights of an employee under this 

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

17 For purposes of section 3, such retaliation shall include 

18 taking an adverse employment action against any em19 ployee on the basis of that employee’s request for a change 

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

21 or perceived eligibility to request or receive a change in 

22 the terms and conditions of employment, as described in 

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

24 3(c). 

25 (c) INTERFERENCE WITH PROCEEDINGS OR INQUIR26 IES.—It shall be unlawful for any person to discharge or 


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1 in any other manner discriminate against any individual 

2 because such individual— 

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

4 caused to be instituted any proceeding, under or re5 lated to this Act; 

6 (2) has given or is about to give, any informa7 tion in connection with any inquiry or proceeding re8 lating to any right provided under this Act; or 

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

10 inquiry or proceeding relating to any right provided 

11 under this Act. 

12 SEC. 7. REMEDIES AND ENFORCEMENT. 

13 (a) INVESTIGATIVE AUTHORITY.— 

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

15 this Act, or any regulation or order issued under 

16 this Act, the Secretary shall have, subject to para17 graph (3), the investigative authority provided under 

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

19 1938 (29 U.S.C. 211(a)). 

20 (2) OBLIGATION TO KEEP AND PRESERVE

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

22 preserve records pertaining to compliance with this 

23 Act in accordance with regulations issued by the 

24 Secretary under section 9. 


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1 (3) REQUIRED SUBMISSIONS GENERALLY LIM2 ITED TO AN ANNUAL BASIS.—The Secretary shall 

3 not require, under the authority of this subsection, 

4 any employer to submit to the Secretary any books 

5 or records more than once during any 12-month pe6 riod, unless the Secretary has reasonable cause to 

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

8 regulation or order issued pursuant to this Act, or 

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

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

11 any investigation provided for in this section, the 

12 Secretary shall have the subpoena authority provided 

13 for under section 9 of the Fair Labor Standards Act 

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

15 (b) CIVIL ACTION BY EMPLOYEES.— 

16 (1) LIABILITY.— 

17 (A) IN GENERAL.—Any employer who vio18 lates section 6(a)(2) (with respect to a right set 

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

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

21 (each such provision referred to in this section 

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

23 employee affected for— 

24 (i) damages equal to the amount of— 


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1 (I) any wages, salary, employ2 ment benefits (as defined in section 

3 101 of the Family and Medical Leave 

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

5 other compensation denied, lost, or 

6 owed to such employee by reason of 

7 the violation; or 

8 (II) in a case in which wages, 

9 salary, employment benefits (as so de10 fined), or other compensation have 

11 not been denied, lost, or owed to the 

12 employee, any actual monetary losses 

13 sustained by the employee as a direct 

14 result of the violation; 

15 (ii) interest on the amount described 

16 in clause (i) calculated at the prevailing 

17 rate; 

18 (iii) except as described in subpara19 graph (B), an additional amount as liq20 uidated damages equal to the sum of the 

21 amount described in clause (i) and the in22 terest described in clause (ii); and 

23 (iv) such equitable relief as may be 

24 appropriate, including employment, rein25 statement, and promotion. 


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1 (B) EXCEPTION FOR LIQUIDATED DAM2 AGES.—If an employer who has violated a cov3 ered provision proves to the satisfaction of the 

4 court that the act or omission which violated 

5 the covered provision was in good faith and that 

6 the employer had reasonable grounds for believ7 ing that the act or omission was not a violation 

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

9 discretion of the court, waive such liquidated 

10 damages. 

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

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

13 paragraph (1) may be maintained against any em14 ployer (including a public agency) in any Federal or 

15 State court of competent jurisdiction by any one or 

16 more employees for and on behalf of— 

17 (A) the employees; or 

18 (B) the employees and any other employees 

19 similarly situated. 

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

21 action shall, in addition to any judgment awarded to 

22 the plaintiff, allow a reasonable attorney’s fee, rea23 sonable expert witness fees, and other costs of the 

24 action to be paid by the defendant. 


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1 (4) LIMITATIONS.—The right provided by para2 graph (2) to bring an action by or on behalf of any 

3 employee shall terminate on the filing of a complaint 

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

5 in which a recovery is sought of the damages, inter6 est, or equitable relief described in paragraph (1)(A) 

7 owing to an employee by an employer liable under 

8 paragraph (1) unless the action described is dis9 missed without prejudice on motion of the Secretary. 

10 (c) ACTIONS BY THE SECRETARY.— 

11 (1) ADMINISTRATIVE ACTION.—The Secretary 

12 shall receive, investigate, and attempt to resolve 

13 complaints of violations of this Act in the same man14 ner that the Secretary receives, investigates, and at15 tempts to resolve complaints of violations of sections 

16 6 and 7 of the Fair Labor Standards Act of 1938 

17 (29 U.S.C. 206 and 207), and may issue an order 

18 making determinations, and assessing a civil penalty 

19 described in paragraph (3) (in accordance with para20 graph (3)), with respect to such an alleged violation. 

21 (2) ADMINISTRATIVE REVIEW.—An affected 

22 person who takes exception to an order issued under 

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

24 regarding such an order by an administrative law 

25 judge. In reviewing the order, the administrative law 


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1 judge may hold an administrative hearing con2 cerning the order, in accordance with the require3 ments of sections 554, 556, and 557 of title 5, 

4 United States Code. Such hearing shall be conducted 

5 expeditiously. If no affected person requests such re6 view within 60 days after the order is issued under 

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

8 final order that is not subject to judicial review. 

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

10 and repeatedly violates— 

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

12 penalty in an amount to be determined by the 

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

14 and 

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

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

17 determined by the Secretary, but not to exceed 

18 $1,100 per violation. 

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(9)(C), the authority of the Secretary 

24 under this Act shall be exercised by the Board of DiVerDate Sep 11 2014 02:21 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H6670.IH H6670

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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(9)(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(9)(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. Nonexempt employees in 


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1 occupations designated under this subparagraph 

2 shall be Secretary’s designated employees. 

3 (B) CRITERIA.—The regulations under 

4 subparagraph (A) shall provide that the Sec5 retary shall so designate an additional occupa6 tion— 

7 (i) in which not less than 10 percent 

8 of workers employed in the occupation gen9 erally— 

10 (I) receive advance notice of their 

11 work schedules less than 14 days be12 fore the first day of the work sched13 ules; or 

14 (II) experience fluctuations in the 

15 number of hours the employees are 

16 scheduled to work on a daily, weekly, 

17 or monthly basis; or 

18 (ii) for which the Secretary deter19 mines such designation is appropriate. 

20 (C) DATA REVIEW.—In issuing regulations 

21 under subparagraph (A), the Secretary shall 

22 specify the process by which the Department of 

23 Labor will review data from stakeholders, and 

24 data collected or generated by the Department, 

25 in designating occupations. 


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1 (b) BOARD.— 

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

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

4 of Directors of the Office of Congressional Work5 place Rights shall issue such regulations as may be 

6 necessary to implement this Act with respect to em7 ployees described in section 2(9)(C). The procedures 

8 applicable to regulations of the Board issued for the 

9 implementation of the Congressional Accountability 

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

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

12 procedures applicable to regulations issued under 

13 this subsection. 

14 (2) CONSIDERATION.—In prescribing the regu15 lations, the Board shall take into consideration the 

16 enforcement and remedies provisions concerning the 

17 Office, and applicable to rights and protections 

18 under the Family and Medical Leave Act of 1993 

19 (29 U.S.C. 2601 et seq.), under the Congressional 

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

21 (3) MODIFICATIONS.—The regulations issued 

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

23 the same as substantive regulations issued by the 

24 Secretary to implement this Act, except to the extent 

25 that the Board may determine, for good cause 


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1 shown and stated together with the regulations 

2 issued by the Board, that a modification of such 

3 substantive regulations would be more effective for 

4 the implementation of the rights and protections 

5 under this Act with respect to the employees de6 scribed in section 2(9)(C). 

7 (c) PRESIDENT.— 

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

9 after the date of enactment of this Act, the Presi10 dent shall issue such regulations as may be nec11 essary to implement this Act with respect to employ12 ees described in section 2(9)(D). 

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

15 the enforcement and remedies provisions concerning 

16 the President and the Merit Systems Protection 

17 Board, and applicable to rights and protections 

18 under the Family and Medical Leave Act of 1993, 

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

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 President may determine, for good cause 

25 shown and stated together with the regulations 


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1 issued by the President, 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(9)(D). 

6 (d) OFFICE OF PERSONNEL MANAGEMENT.— 

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

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

9 of Personnel Management shall issue such regula10 tions as may be necessary to implement this Act 

11 with respect to employees described in section 

12 2(9)(E). 

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

15 enforcement and remedies provisions concerning the 

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

17 United States Code. 

18 (3) MODIFICATIONS.—The regulations issued 

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

20 the same as substantive regulations issued by the 

21 Secretary to implement this Act, except to the extent 

22 that the Office may determine, for good cause shown 

23 and stated together with the regulations issued by 

24 the Office, that a modification of such substantive 

25 regulations would be more effective for the impleVerDate Sep 11 2014 02:21 Feb 17, 2022 Jkt 029200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H6670.IH H6670

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1 mentation of the rights and protections under this 

2 Act with respect to the employees described in sec3 tion 2(9)(E). 

4 (e) LIBRARIAN OF CONGRESS.— 

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

6 after the date of enactment of this Act, the Librar7 ian of Congress shall issue such regulations as may 

8 be necessary to implement this Act with respect to 

9 employees of the Library of Congress. 

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

12 the enforcement and remedies provisions concerning 

13 the Librarian of Congress under title I of the Fam14 ily and Medical Leave Act of 1993 (29 U.S.C. 2611 

15 et seq.). 

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 Librarian may determine, for good cause 

21 shown and stated together with the regulations 

22 issued by the Librarian, that a modification of such 

23 substantive regulations would be more effective for 

24 the implementation of the rights and protections 


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1 under this Act with respect to employees of the Li2 brary of Congress. 

3 (f) COMPTROLLER GENERAL.— 

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

5 after the date of enactment of this Act, the Comp6 troller General shall issue such regulations as may 

7 be necessary to implement this Act with respect to 

8 employees of the Government Accountability Office. 

9 (2) CONSIDERATION.—In prescribing the regu10 lations, the Comptroller General shall take into con11 sideration the enforcement and remedies provisions 

12 concerning the Comptroller General under title I of 

13 the Family and Medical Leave Act of 1993 (29 

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

20 good cause shown and stated together with the regu21 lations issued by the Comptroller General, that a 

22 modification of such substantive regulations would 

23 be more effective for the implementation of the 

24 rights and protections under this Act with respect to 

25 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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