To amend the Fair Labor Standards Act of 1938 to require paid rest breaks for certain construction employees, and for other purposes.

To amend the Fair Labor Standards Act of 1938 to require paid rest breaks for certain construction employees, and for other purposes. 1. Paid rest breaks for certain construction employees (a) Paid rest break The Fair Labor Standards Act ( 29 U.S.C. 201 et seq. 8. Paid rest breaks for construction employees (a) Requirements An employer shall— (1) with respect to each construction employee of such employer— (A) provide at least one 15-minute paid rest break for every four hours of work to each such employee; and (B) at the time of hiring, provide notice in the primary language of such employee, an explanation that— (i) such employee is entitled to the paid rest breaks described in subparagraph (A); (ii) retaliation by such employer against such employee for requesting or taking such paid rest breaks is prohibited; and (iii) such employee has a right to file a complaint with the Secretary for any violation of this section by such employer; and (2) display a sign, in a conspicuous and accessible location, at the place of business of such employer and at the applicable construction work site that includes, in both English and Spanish, the information described in paragraph (1)(B). (b) Posted notice The Secretary shall issue regulations with respect to the design and content of the sign referred to in subsection (a)(2). (c) Retaliation prohibited An employer may not take retaliatory personnel action or otherwise discriminate against a construction employee if such employee— (1) requests or takes paid rest breaks in accordance with this section; or (2) files a complaint with the Secretary alleging a violation of this section. (d) Interaction with other laws Nothing in this section shall be construed to excuse noncompliance with any Federal or State law, municipal ordinance, or collective bargaining agreement requiring longer rest breaks than those required under this section. (e) Definitions In this section: (1) The term construction employee (2) The term general construction services (A) erection of or preparation to erect a structure; or (B) remodeling, extension, repair, or demolition of a structure or other improvement of real property or a structure related to real property. (3) The term rest break . (b) Penalties Section 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) If the Secretary makes a determination that an employer has violated section 8(a) of this Act, the Secretary may assess an administrative penalty to such employer if such employer fails to correct the violation not later than 30 days after the date on which such employer receives notice from the Secretary of such determination. Any employer that violates the provisions of section 8(c) of this Act shall be liable for such legal or equitable relief as may be appropriate, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.

Summary: This bill requires employers to provide construction employees with paid rest breaks and protects employees against related retaliatory actions. Specifically, the bill requires that construction employees receive at least one 15-minute paid rest break for every four hours of work. An employer may not take retaliatory personnel action or otherwise discriminate against a construction employee who (1) requests or takes paid rest breaks, or (2) files a related complaint with the Department of Labor. At the time of hiring an employee, an employer must provide notice of the right to paid rest breaks and protections against related retaliatory actions in the construction employee's primary language. Further, the employer must post this information at construction work sites in both English and Spanish.