II 

113TH CONGRESS 

2D SESSION S. 2642 

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 growing low-wage occupations, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2014 

Mr. HARKIN (for himself, Ms. WARREN, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

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

to provide more predictable and stable schedules for employees in certain growing low-wage occupations, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; FINDINGS. 

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

5 ‘‘Schedules That Work Act’’. 


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

2 (1) The vast majority of the United States 

3 workforce today is juggling responsibilities at home 

4 and at work. Women are primary breadwinners or 

5 co-breadwinners in 63 percent of families in the 

6 United States and 26 percent of families with chil7 dren are headed by single mothers. 

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

9 workforce, workers across the income spectrum have 

10 very little ability to make changes to their work 

11 schedules when those changes are needed to accom12 modate family responsibilities. Only 27 percent of 

13 employers allow all or most of their employees to pe14 riodically change their starting and quitting times. 

15 (3) Although low-wage workers are most likely 

16 to be raising children on their own, as more than 

17 half of mothers of young children in low-wage jobs 

18 are doing, low-wage workers have the least control 

19 over their work schedules and the most unpredict20 able schedules. For example— 

21 (A) roughly half of low-wage workers re22 ported very little or no control over the timing 

23 of the hours they were scheduled to work; 

24 (B) many workers in low-wage jobs receive 

25 their schedules with very little advance notice 


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1 and have work hours that vary significantly 

2 from week to week or month to month; 

3 (C) some workers in low-wage jobs are sent 

4 home from work when work is slow without 

5 being paid for their scheduled shift; 

6 (D) in some industries, the use of ‘‘call-in 

7 shift’’ requirements—requirements that workers 

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

9 scheduled to work later that day—has become 

10 common practice; and 

11 (E) at the same time, 20 to 30 percent of 

12 workers in low-wage jobs struggle with being re13 quired to work extra hours with little or no no14 tice. 

15 (4) Unfair work scheduling practices make it 

16 difficult for low-wage workers to— 

17 (A) provide necessary care for children and 

18 other family members, including arranging child 

19 care; 

20 (B) qualify for and maintain eligibility for 

21 child care subsidies, due to fluctuations in in22 come and work hours, or keep an appointment 

23 with a child care provider, due to not knowing 

24 how many hours or when the workers will be 

25 scheduled to work; 


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1 (C) pursue workforce training; 

2 (D) get or keep a second job that some 

3 part-time workers need to make ends meet; and 

4 (E) arrange transportation to and from 

5 work. 

6 (5) Unpredictable and unstable schedules are 

7 prevalent in retail sales, food preparation and serv8 ice, and building cleaning occupations, which are 

9 among the lowest-paid and fastest-growing occupa10 tions in the workforce today. For workers in those 

11 occupations, often difficult and sometimes abusive 

12 work scheduling practices combine with very low 

13 wages to make it extremely challenging to make 

14 ends meet. 

15 (6) Retail sales, food preparation and service, 

16 and building cleaning occupations are among those 

17 most likely to have unpredictable and unstable 

18 schedules. According to data from the Bureau of 

19 Labor Statistics, 66 percent of food service workers, 

20 52 percent of retail workers, and 40 percent of jani21 tors and housekeepers know their schedules only a 

22 week or less in advance. The average variation in 

23 work hours in a single month is 70 percent for food 

24 service workers, 50 percent for retail workers, and 

25 40 percent for janitors and housekeepers. 


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1 (7) Those are among the lowest-paid and fast2 est-growing occupations, accounting for 18 percent 

3 of workers in the economy, some 23,500,000 work4 ers. The median pay for workers in those 3 occupa5 tions is between $9.15 and $10.44 per hour, and 

6 women make up more than half of the workers in 

7 those occupations. 

8 (8) Employers that have implemented fair work 

9 scheduling policies that allow workers to have more 

10 control over their work schedules, and provide more 

11 predictable and stable schedules, have experienced 

12 significant benefits, including reductions in absentee13 ism and workforce turnover, and increased employee 

14 morale and engagement. 

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

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

17 work hours and for more predictable schedules. 

18 SEC. 2. DEFINITIONS. 

19 As used in this Act: 

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

21 ‘‘bona fide business reason’’ means— 

22 (A) the identifiable burden of additional 

23 costs to an employer, including the cost of pro24 ductivity loss, retraining or hiring employees, or 


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1 transferring employees from one facility to an2 other facility; 

3 (B) a significant detrimental effect on the 

4 employer’s ability to meet organizational needs 

5 or customer demand; 

6 (C) a significant inability of the employer, 

7 despite best efforts, to reorganize work among 

8 existing (as of the date of the reorganization) 

9 staff; 

10 (D) a significant detrimental effect on 

11 business performance; 

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

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

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

18 organizational needs; or 

19 (G) such other reason as may be specified 

20 by the Secretary of Labor (or the corresponding 

21 administrative officer specified in section 8). 

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

25 or training program or program of study offered by 


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1 a public, private, or nonprofit career and technical 

2 education school, institution of higher education, or 

3 other entity that provides academic education, career 

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

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

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

11 under the Workforce Investment Act of 1998 (29 

12 U.S.C. 2801 et seq.), the Workforce Innovation and 

13 Opportunity Act, the Carl D. Perkins Career and 

14 Technical Education Act of 2006 (20 U.S.C. 2301 

15 et seq.), or the Higher Education Act of 1965 (20 

16 U.S.C. 1001 et seq.), without regard to whether or 

17 not the program is funded under the corresponding 

18 Act. 

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

20 an individual with the status of being a significant 

21 provider of— 

22 (A) ongoing care or education, including 

23 responsibility for securing the ongoing care or 

24 education, of a child; or 


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1 (B) ongoing care, including responsibility 

2 for securing the ongoing care, of— 

3 (i) a person with a serious health con4 dition who is in a family relationship with 

5 the individual; or 

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

7 age 65 or older. 

8 (4) CHILD.—The term ‘‘child’’ means a biologi9 cal, adopted, or foster child, a stepchild, a legal 

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

11 parentis to that child, who is— 

12 (A) under age 18; or 

13 (B) age 18 or older and incapable of self14 care because of a mental or physical disability. 

15 (5) COVERED EMPLOYER.— 

16 (A) IN GENERAL.—The term ‘‘covered em17 ployer’’— 

18 (i) means any person engaged in com19 merce or in any industry or activity affect20 ing commerce who employs 15 or more em21 ployees (described in paragraph (7)(A)); 

22 (ii) includes any person who acts, di23 rectly or indirectly, in the interest of such 

24 an employer to any of the employees (deVerDate Mar 15 2010 22:25 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2642.IS S2642

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1 scribed in paragraph (7)(A)) of such em2 ployer; 

3 (iii) includes any successor in interest 

4 of such an employer; and 

5 (iv) includes an agency described in 

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

7 the Family and Medical Leave Act of 1993 

8 (29 U.S.C. 2611(4)), to which subpara9 graph (B) of such section shall apply. 

10 (B) RULE.—For purposes of determining 

11 the number of employees who work for a person 

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

13 (described in paragraph (7)(A)) performing 

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

15 or temporary basis shall be counted, except that 

16 if the number of such employees who perform 

17 work for such a person for compensation fluc18 tuates, the number may be determined for a 

19 calendar year based upon the average number 

20 of such employees who performed work for the 

21 person for compensation during the preceding 

22 calendar year. 

23 (C) PERSON.—In this paragraph, and 

24 paragraph (7), the term ‘‘person’’ has the 


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1 meaning given the term in section 3 of the Fair 

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

3 (6) DOMESTIC PARTNER.—The term ‘‘domestic 

4 partner’’ means the person recognized as being in a 

5 relationship with an employee under any domestic 

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

7 or political subdivision of a State in which the em8 ployee resides. 

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

10 an individual who is— 

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

12 of the Fair Labor Standards Act of 1938 (29 

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

14 subparagraphs (B) through (G); 

15 (B) a State employee described in section 

16 304(a) of the Government Employee Rights Act 

17 of 1991 (42 U.S.C. 2000e–16c(a)); 

18 (C) a covered employee, as defined in sec19 tion 101 of the Congressional Accountability 

20 Act of 1995 (2 U.S.C. 1301), other than an ap21 plicant for employment; 

22 (D) a covered employee, as defined in sec23 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 (8) EMPLOYER.—The term ‘‘employer’’ means 

9 a person— 

10 (A) who is— 

11 (i) a covered employer, as defined in 

12 paragraph (4), 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 (9) FAMILY RELATIONSHIP.—The term ‘‘family 

10 relationship’’ means a relationship with a child, 

11 spouse, domestic partner, parent, grandchild, grand12 parent, sibling, or parent of a spouse or domestic 

13 partner. 

14 (10) GRANDCHILD.—The term ‘‘grandchild’’ 

15 means the child of a child. 

16 (11) GRANDPARENT.—The term ‘‘grandparent’’ 

17 means the parent of a parent. 

18 (12) MINIMUM NUMBER OF EXPECTED WORK

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

20 work hours’’ means the minimum number of hours 

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

22 monthly basis. 

23 (13) 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 (14) 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 (15) PART-TIME EMPLOYEE.—The term ‘‘part9 time employee’’ means an individual who works 

10 fewer than 30 hours per week on average during any 

11 1-month period. 

12 (16) RETAIL, FOOD SERVICE, OR CLEANING EM13 PLOYEE.— 

14 (A) IN GENERAL.—The term ‘‘retail, food 

15 service, or cleaning employee’’ means an indi16 vidual employee who is employed in any of the 

17 following occupations, as described by the Bu18 reau of Labor Statistics Standard Occupational 

19 Classification System (as in effect on the day 

20 before the date of enactment of this Act): 

21 (i) Retail sales occupations consisting 

22 of occupations described in 41–1010 and 

23 41–2000, and all subdivisions thereof, of 

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1 ing change persons and booth cashiers, 

2 counter and rental clerks, parts sales3 persons, and retail salespersons. 

4 (ii) Food preparation and serving re5 lated occupations as described in 35–0000, 

6 and all subdivisions thereof, of such Sys7 tem, which includes supervisors of food 

8 preparation and serving workers, cooks 

9 and food preparation workers, food and 

10 beverage serving workers, and other food 

11 preparation and serving related workers. 

12 (iii) Building cleaning occupations as 

13 described in 37–2011, 37–2012 and 37– 

14 2019 of such System, which includes jani15 tors and cleaners, maids and housekeeping 

16 cleaners, and building cleaning workers. 

17 (B) EXCLUSIONS.—Notwithstanding sub18 paragraph (A), the term ‘‘retail, food service, or 

19 cleaning employee’’ does not include any person 

20 employed in a bona fide executive, administra21 tive, or professional capacity, as defined for 

22 purposes of section 13(a)(1) of the Fair Labor 

23 Standards Act of 1938 (29 U.S.C. 213(a)(1)). 

24 (17) SECRETARY.—The term ‘‘Secretary’’ 

25 means the Secretary of Labor. 


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1 (18) SERIOUS HEALTH CONDITION.—The term 

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

3 the term in section 101 of the Family and Medical 

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

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

6 brother or sister, whether related by half blood, 

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

8 (20) SPLIT SHIFT.—The term ‘‘split shift’’ 

9 means a schedule of daily hours in which the hours 

10 worked are not consecutive, except that— 

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

12 for meals does not exceed one hour shall not be 

13 treated as a split shift; and 

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

15 employee’s work shift is requested by the em16 ployee shall not be treated as a split shift. 

17 (21) SPOUSE.— 

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

19 means a person with whom an individual en20 tered into— 

21 (i) a marriage as defined or recog22 nized under State law in the State in 

23 which the marriage was entered into; or 

24 (ii) in the case of a marriage entered 

25 into outside of any State, a marriage that 


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1 is recognized in the place where entered 

2 into and could have been entered into in at 

3 least 1 State. 

4 (B) SAME-SEX OR COMMON LAW MAR5 RIAGE.—Such term includes an individual in a 

6 same-sex or common law marriage that meets 

7 the requirements of subparagraph (A). 

8 (22) STATE.—The term ‘‘State’’ has the mean9 ing given the term in section 3 of the Fair Labor 

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

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

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

13 period when an employee is required by an employer 

14 to perform the duties of the employee’s employment 

15 for which the employee will receive compensation. 

16 (24) WORK SCHEDULE CHANGE.—The term 

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

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

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

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

21 employer. 

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

23 means the specific hours of the workday during 

24 which an employee works. 

25 (26) VARIOUS ADDITIONAL TERMS.— 


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1 (A) COMMERCE TERMS.—The terms ‘‘com2 merce’’ and ‘‘industry or activity affecting com3 merce’’ have the meanings given the terms in 

4 section 101 of the Family and Medical Leave 

5 Act of 1993 (29 U.S.C. 2611). 

6 (B) EMPLOY.—The term ‘‘employ’’ has the 

7 meaning given the term in section 3 of the Fair 

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

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

10 PREDICTABLE OR STABLE WORK SCHEDULE. 

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

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

13 terms and conditions of employment as they relate to— 

14 (1) the number of hours the employee is re15 quired to work or be on call for work; 

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

17 work or be on call for work; 

18 (3) the location where the employee is required 

19 to work; 

20 (4) the amount of notification the employee re21 ceives of work schedule assignments; and 

22 (5) minimizing fluctuations in the number of 

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

24 weekly, or monthly basis. 


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1 (b) EMPLOYER OBLIGATION TO ENGAGE IN AN

2 INTERACTIVE PROCESS.— 

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

4 employee’s employer to request a change in the 

5 terms and conditions of employment as set forth in 

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

8 that includes a discussion of potential schedule 

9 changes that would meet the employee’s needs. 

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

11 (A) either granting or denying the request; 

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

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

16 terms and conditions of employment as set 

17 forth in subsection (a); and 

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

19 reason for denial. 

20 (3) INFORMATION.—If information provided by 

21 the employee making a request under this section re22 quires clarification, the employer shall explain what 

23 further information is needed and give the employee 

24 reasonable time to produce the information. 


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

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

4 and conditions of employment as set forth in subsection 

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

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

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

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

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

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

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

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

18 the employer denies such a request, the employer shall 

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

21 reason. 


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

2 SHIFT PAY, AND ADVANCE NOTICE OF WORK 

3 SCHEDULES. 

4 (a) REPORTING TIME PAY REQUIREMENT.—An em5 ployer shall pay a retail, food service, or cleaning em6 ployee— 

7 (1) for at least 4 hours at the employee’s reg8 ular rate of pay for each day on which the retail, 

9 food service, or cleaning employee reports for work, 

10 as required by the employer, but is given less than 

11 four hours of work, except that if the retail, food 

12 service, or cleaning employee’s scheduled hours for a 

13 day are less than 4 hours, such retail, food service, 

14 or cleaning employee shall be paid for the employee’s 

15 scheduled hours for that day if given less than the 

16 scheduled hours of work; and 

17 (2) for at least 1 hour at the employee’s regular 

18 rate of pay for each day the retail, food service, or 

19 cleaning employee is given specific instructions to 

20 contact the employee’s employer, or wait to be con21 tacted by the employer, less than 24 hours in ad22 vance of the start of a potential work shift to deter23 mine whether the employee must report to work for 

24 such shift. 

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

26 shall pay a retail, food service, or cleaning employee for 


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1 one additional hour at the retail, food service, or cleaning 

2 employee’s regular rate of pay for each day during which 

3 the retail, food service, or cleaning employee works a split 

4 shift. 

5 (c) ADVANCE NOTICE REQUIREMENT.— 

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

7 retail, food service, or cleaning employee’s first day 

8 of work, the employer shall inform the retail, food 

9 service, or cleaning employee in writing of the em10 ployee’s work schedule and the minimum number of 

11 expected work hours the retail, food service, or 

12 cleaning employee will be assigned to work per 

13 month. 

14 (2) PROVIDING NOTICE OF NEW SCHEDULES.— 

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

16 service, or cleaning employee’s work schedule 

17 changes from the work schedule of which the retail, 

18 food service, or cleaning employee was informed pur19 suant to paragraph (1), the employer shall provide 

20 the retail, food service, or cleaning employee with 

21 the employee’s new work schedule not less than 14 

22 days before the first day of the new work schedule. 

23 If the expected minimum number of work hours that 

24 a retail, food service, or cleaning employee will be 

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1 ployee was informed pursuant to paragraph (1), the 

2 employer shall also provide notification of that 

3 change, not less than 14 days in advance of the first 

4 day this change will go into effect. Nothing in this 

5 subsection shall be construed to prohibit an em6 ployer from providing greater advance notice of a re7 tail, food service, or cleaning employee’s work sched8 ule than is required under this section. 

9 (3) WORK SCHEDULE CHANGES MADE WITH

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

11 make work schedule changes as needed, including by 

12 offering additional hours of work to retail, food serv13 ice, or cleaning employees beyond those previously 

14 scheduled, but an employer shall be required to pro15 vide one extra hour of pay at the retail, food service, 

16 or cleaning employee’s regular rate for each shift 

17 that is changed with less than 24 hours’ notice, ex18 cept in the case of the need to schedule the retail, 

19 food service, or cleaning employee due to the unfore20 seen unavailability of a retail, food service, or clean21 ing employee previously scheduled to work that shift. 

22 (4) NOTIFICATIONS IN WRITING.—The notifica23 tions required under paragraphs (1) and (2) shall be 

24 made to the employee in writing. Nothing in this 

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1 ployer from using any additional means of notifying 

2 a retail, food service, or cleaning employee of the 

3 employee’s work schedule. 

4 (5) SCHEDULE POSTING REQUIREMENT.—Every 

5 employer employing any retail, food service, or clean6 ing employee subject to this Act shall post the 

7 schedule and keep it posted in a conspicuous place 

8 in every establishment where such retail, food serv9 ice, or cleaning employee is employed so as to permit 

10 the employee to observe readily a copy. Availability 

11 of that schedule by electronic means accessible by all 

12 retail, food service, or cleaning employees of that 

13 employer shall be considered compliance with this 

14 subsection. 

15 (6) EMPLOYEE SHIFT TRADING.—Nothing in 

16 this subsection shall be construed to prevent an em17 ployer from allowing a retail, food service, or clean18 ing employee to work in place of another employee 

19 who has been scheduled to work a particular shift as 

20 long as the change in schedule is mutually agreed 

21 upon by the employees. An employer shall not be 

22 subject to the requirements of paragraph (2) or (3) 

23 for such voluntary shift trades. 

24 (d) EXCEPTION.—The requirements in subsections 

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1 ular operations of the employer are suspended due to 

2 events beyond the employer’s control. 

3 SEC. 5. PROHIBITED ACTS. 

4 (a) INTERFERENCE WITH RIGHTS.—It shall be un5 lawful for any employer to interfere with, restrain, or deny 

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

7 employee as set forth in section 3 or of a retail, food serv8 ice, or cleaning employee as set forth in section 4. 

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

10 for any employer to discharge, threaten to discharge, de11 mote, suspend, reduce work hours of, or take any other 

12 adverse employment action against any employee in retal13 iation for exercising the rights of an employee under this 

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

15 For purposes of section 3, such retaliation shall include 

16 taking an adverse employment action against any em17 ployee on the basis of that employee’s eligibility or per18 ceived eligibility to request or receive a change in the 

19 terms and conditions of employment, as described in such 

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

21 (c) INTERFERENCE WITH PROCEEDINGS OR INQUIR22 IES.—It shall be unlawful for any person to discharge or 

23 in any other manner discriminate against any individual 

24 because such individual— 


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

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

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

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

8 inquiry or proceeding relating to any right provided 

9 under this Act. 

10 SEC. 6. REMEDIES AND ENFORCEMENT. 

11 (a) INVESTIGATIVE AUTHORITY.— 

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

13 this Act, or any regulation or order issued under 

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

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

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

18 (2) OBLIGATION TO KEEP AND PRESERVE

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

20 preserve records pertaining to compliance with this 

21 Act in accordance with regulations issued by the 

22 Secretary under section 8. 

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

25 not under the authority of this subsection require 


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1 any employer to submit to the Secretary any books 

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

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

5 regulation or order issued pursuant to this Act, or 

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

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

8 any investigation provided for in this section, the 

9 Secretary shall have the subpoena authority provided 

10 for under section 9 of the Fair Labor Standards Act 

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

12 (b) CIVIL ACTION BY EMPLOYEES.— 

13 (1) LIABILITY.—Any employer who violates sec14 tion 5(a) (with respect to a right set forth in section 

15 4) or subsection (b) or (c) of section 5 (referred to 

16 in this section as a ‘‘covered provision’’) shall be lia17 ble to any employee affected for— 

18 (A) damages equal to the amount of— 

19 (i) any wages, salary, employment 

20 benefits (as defined in section 101 of the 

21 Family and Medical Leave Act of 1993 (29 

22 U.S.C. 2611)), or other compensation de23 nied, lost, or owed to such employee by 

24 reason of the violation; or 


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

2 employment benefits (as so defined), or 

3 other compensation have not been denied, 

4 lost, or owed to the employee, any actual 

5 monetary losses sustained by the employee 

6 as a direct result of the violation; 

7 (B) interest on the amount described in 

8 subparagraph (A) calculated at the prevailing 

9 rate; 

10 (C) an additional amount as liquidated 

11 damages equal to the sum of the amount de12 scribed in subparagraph (A) and the interest 

13 described in subparagraph (B), except that if 

14 an employer who has violated a covered provi15 sion proves to the satisfaction of the court that 

16 the act or omission which violated the covered 

17 provision was in good faith and that the em18 ployer had reasonable grounds for believing that 

19 the act or omission was not a violation of a cov20 ered provision, such court may, in the discretion 

21 of the court, reduce the amount of liability to 

22 the amount and interest determined under sub23 paragraphs (A) and (B), respectively; and 


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1 (D) such equitable relief as may be appro2 priate, including employment, reinstatement, 

3 and promotion. 

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

5 the damages or equitable relief set forth in para6 graph (1) may be maintained against any employer 

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

8 court of competent jurisdiction by any one or more 

9 employees for and on behalf of— 

10 (A) the employees; or 

11 (B) the employees and other employees 

12 similarly situated. 

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

14 action shall, in addition to any judgment awarded to 

15 the plaintiff, allow a reasonable attorney’s fee, rea16 sonable expert witness fees, and other costs of the 

17 action to be paid by the defendant. 

18 (4) LIMITATIONS.—The right provided by para19 graph (2) to bring an action by or on behalf of any 

20 employee shall terminate on the filing of a complaint 

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

22 in which a recovery is sought of the damages de23 scribed in paragraph (1)(A) owing to an employee by 

24 an employer liable under paragraph (1) unless the 


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1 action described is dismissed without prejudice on 

2 motion of the Secretary. 

3 (c) ACTIONS BY THE SECRETARY.— 

4 (1) ADMINISTRATIVE ACTION.—The Secretary 

5 shall receive, investigate, and attempt to resolve 

6 complaints of violations of this Act in the same man7 ner that the Secretary receives, investigates, and at8 tempts to resolve complaints of violations of sections 

9 6 and 7 of the Fair Labor Standards Act of 1938 

10 (29 U.S.C. 206 and 207), and may issue an order 

11 making determinations, and assessing a civil penalty 

12 described in paragraph (3) (in accordance with para13 graph (3)), with respect to such an alleged violation. 

14 (2) ADMINISTRATIVE REVIEW.—An affected 

15 person who takes exception to an order issued under 

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

17 regarding such an order by an administrative law 

18 judge. In reviewing the order, the administrative law 

19 judge may hold an administrative hearing con20 cerning the order, in accordance with the require21 ments of sections 554, 556, and 557 of title 5, 

22 United States Code. Such hearing shall be conducted 

23 expeditiously. If no affected person requests such re24 view within 60 days after the order is issued under 


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

2 final order that is not subject to judicial review. 

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

4 and repeatedly violates— 

5 (A) paragraph (1), (4), or (5) of section 

6 4(c) shall be subject to a civil penalty in an 

7 amount to be determined by the Secretary, but 

8 not to exceed $100 per violation; and 

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

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

11 determined by the Secretary, but not to exceed 

12 $1,100 per violation. 

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

14 an action in any court of competent jurisdiction on 

15 behalf of aggrieved employees to— 

16 (A) restrain violations of this Act; 

17 (B) award such equitable relief as may be 

18 appropriate, including employment, reinstate19 ment, and promotion; and 

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

21 provision, recover the damages and interest de22 scribed in subparagraphs (A) through (C) of 

23 subsection (b)(1). 

24 (d) LIMITATION.— 


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

4 event constituting the alleged violation for which the 

5 action is brought. 

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

7 action brought for a willful violation of section 5, 

8 such action may be brought within 3 years of the 

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

11 (3) COMMENCEMENT.—In determining when an 

12 action is commenced by the Secretary under this 

13 section for the purposes of this subsection, it shall 

14 be considered to be commenced on the date when the 

15 complaint is filed. 

16 (e) OTHER ADMINISTRATIVE OFFICERS.— 

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

18 in section 2(7)(C), the authority of the Secretary 

19 under this Act shall be exercised by the Board of Di20 rectors of the Office of Compliance. 

21 (2) PRESIDENT; MERIT SYSTEMS PROTECTION

22 BOARD.—In the case of employees described in sec23 tion 2(7)(D), the authority of the Secretary under 

24 this Act shall be exercised by the President and the 

25 Merit Systems Protection Board. 


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1 (3) OFFICE OF PERSONNEL MANAGEMENT.—In 

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

3 the authority of the Secretary under this Act shall 

4 be exercised by the Office of Personnel Management. 

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

6 employees of the Library of Congress, the authority 

7 of the Secretary under this Act shall be exercised by 

8 the Librarian of Congress. 

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

10 employees of the Government Accountability Office, 

11 the authority of the Secretary under this Act shall 

12 be exercised by the Comptroller General of the 

13 United States. 

14 SEC. 7. NOTICE AND POSTING. 

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

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

17 employer where notices to employees and applicants for 

18 employment are customarily posted, a notice, to be pre19 pared or approved by the Secretary (or the corresponding 

20 administrative officer specified in section 8) setting forth 

21 excerpts from, or summaries of, the pertinent provisions 

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

23 complaint under this Act. 


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

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

3 exceed $100 for each separate offense. 

4 SEC. 8. REGULATIONS. 

5 (a) IN GENERAL.—Except as provided in subsections 

6 (b) through (f), not later than 180 days after the date 

7 of enactment of this Act, the Secretary shall issue such 

8 regulations as may be necessary to implement this Act. 

9 (b) BOARD.— 

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

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

12 of Directors of the Office of Compliance shall issue 

13 such regulations as may be necessary to implement 

14 this Act with respect to employees described in sec15 tion 2(7)(C). 

16 (2) CONSIDERATION.—In prescribing the regu17 lations, the Board shall take into consideration the 

18 enforcement and remedies provisions concerning the 

19 Board, and applicable to rights and protections 

20 under the Family and Medical Leave Act of 1993 

21 (29 U.S.C. 2611 et seq.), under the Congressional 

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

23 (3) MODIFICATIONS.—The regulations issued 

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

25 the same as substantive regulations issued by the 


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1 Secretary to implement this Act, except to the extent 

2 that the Board may determine, for good cause 

3 shown and stated together with the regulations 

4 issued by the Board, that a modification of such 

5 substantive regulations would be more effective for 

6 the implementation of the rights and protections 

7 under this Act. 

8 (c) PRESIDENT.— 

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

10 after the date of enactment of this Act, the Presi11 dent shall issue such regulations as may be nec12 essary to implement this Act with respect to employ13 ees described in section 2(7)(D). 

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

16 the enforcement and remedies provisions concerning 

17 the President and the Merit Systems Protection 

18 Board, and applicable to rights and protections 

19 under the Family and Medical Leave Act of 1993, 

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

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 President may determine, for good cause 


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1 shown and stated together with the regulations 

2 issued by the President, 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. 

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(7)(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 Mar 15 2010 22:25 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2642.IS S2642

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1 mentation of the rights and protections under this 

2 Act. 

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. 

25 (f) COMPTROLLER GENERAL.— 


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

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

4 be necessary to implement this Act with respect to 

5 employees of the Government Accountability Office. 

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

9 concerning the Comptroller General under title I of 

10 the Family and Medical Leave Act of 1993. 

11 (3) MODIFICATIONS.—The regulations issued 

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

13 the same as substantive regulations issued by the 

14 Secretary to implement this Act, except to the extent 

15 that the Comptroller General may determine, for 

16 good cause shown and stated together with the regu17 lations issued by the Comptroller General, that a 

18 modification of such substantive regulations would 

19 be more effective for the implementation of the 

20 rights and protections under this Act. 

21 SEC. 9. RESEARCH, EDUCATION, AND TECHNICAL ASSIST22 ANCE PROGRAM. 

23 (a) IN GENERAL.—The Secretary shall provide infor24 mation and technical assistance to employers, labor orgaVerDate Mar 15 2010 22:25 Jul 24, 2014 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2642.IS S2642

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1 nizations, and the general public concerning compliance 

2 with this Act. 

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

4 this Act— 

5 (1) the Secretary, acting through the Adminis6 trator of the Wage and Hour Division of the Depart7 ment of Labor, shall issue guidance on compliance 

8 with this Act regarding providing a flexible, predict9 able, or stable work environment through changes in 

10 the terms and conditions of employment as provided 

11 in section 3(a); and 

12 (2) the Secretary shall carry on a continuing 

13 program of research, education, and technical assist14 ance, including— 

15 (A)(i) conducting pilot programs that im16 plement fairer work schedules, including by pro17 moting cross training, providing three weeks or 

18 more advance notice of schedules, providing em19 ployees with a minimum number of hours of 

20 work, and using computerized scheduling soft21 ware to provide more flexible, predictable, and 

22 stable schedules for employees; and 

23 (ii) evaluating the results of such pilot pro24 grams for employees, employee’s families, and 

25 employers; 


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1 (B) publishing and otherwise making avail2 able to employers, labor organizations, profes3 sional associations, educational institutions, the 

4 various communication media, and the general 

5 public the findings of studies regarding fair 

6 work scheduling policies and other materials for 

7 promoting compliance with this Act; 

8 (C) sponsoring and assisting State and 

9 community informational and educational pro10 grams; and 

11 (D) providing technical assistance to em12 ployers, labor organizations, professional asso13 ciations, and other interested persons on means 

14 of achieving and maintaining compliance with 

15 the provisions of this Act. 

16 (c) GAO STUDY.— 

17 (1) STUDY.—The Comptroller General of the 

18 United States shall conduct a study on— 

19 (A) the impact of difficult scheduling prac20 tices on employees and employers, including un21 predictable and unstable schedules and sched22 ules over which employees have little control, 

23 and particularly how these scheduling practices 

24 impact absenteeism, workforce turnover, and 


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1 employees’ ability to meet their caregiving re2 sponsibilities; 

3 (B) the prevalence in occupations not de4 scribed in section 2(16)(A) of employees rou5 tinely receiving inadequate advance notice of 

6 the shifts or hours of the employees, being as7 signed split shifts, being sent home from work 

8 prior to the completion of their scheduled shift 

9 without being paid for the hours in their sched10 uled shift, being assigned call-in shifts (where 

11 the employee is required to contact the em12 ployer, or wait to be contacted by the employer, 

13 less than 24 hours in advance of the potential 

14 work shift to determine whether the employee 

15 must report to work), or being called into work 

16 outside of scheduled hours; 

17 (C) the effects on employees in occupations 

18 not described in section 2(16)(A) of providing 

19 advance notice of work schedules, reporting 

20 time pay when employees are sent home without 

21 working their full scheduled shift or are as22 signed to call-in shifts but given no work for 

23 those shifts, and split shift pay when employees 

24 are assigned split shifts; and 


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1 (D) the effects on employers in occupations 

2 not described in section 2(16)(A) of providing 

3 advance notice of work schedules, reporting 

4 time pay when employees are sent home without 

5 working their full scheduled shift or assigned to 

6 call-in shifts but given no work for those shifts, 

7 and split shift pay when employees are assigned 

8 split shifts. 

9 (2) REPORTS.—Not later than 18 months after 

10 the date of enactment of this Act, the Comptroller 

11 General of the United States shall prepare and sub12 mit a report to the appropriate committees of Con13 gress concerning the initial results of the study con14 ducted pursuant to paragraph (1). Not later than 5 

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

16 Comptroller General shall prepare and submit a fol17 low-up report to such committees concerning the re18 sults of such study. 

19 SEC. 10. RIGHTS RETAINED BY EMPLOYEES. 

20 This Act provides minimum requirements and shall 

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

22 applicability of any other law, regulation, requirement, 

23 policy, or standard that provides for greater rights for em24 ployees than are required in this Act. 


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1 SEC. 11. EXEMPTION. 

2 This Act shall not apply to any employee covered by 

3 a bona fide collective bargaining agreement if the terms 

4 of the collective bargaining agreement include terms that 

5 govern work scheduling practices. 

6 SEC. 12. EFFECT ON OTHER LAW. 

7 Nothing in this Act shall be construed as creating or 

8 imposing any requirement in conflict with any Federal or 

9 State law or regulation (including the Americans with Dis10 abilities Act of 1990 (42 U.S.C. 12101 et seq.), the Fam11 ily and Medical Leave Act of 1993 (29 U.S.C. 2611 et 

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

13 et seq.), and title VII of the Civil Rights Act of 1964 (42 

14 U.S.C. 2000e et seq.)), nor shall anything in this Act be 

15 construed to diminish or impair the rights of an employee 

16 under any valid collective bargaining agreement. 

Æ 


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