(5) COMPTROLLER GENERAL.—In the case of 
employees of the Government Accountability Office, 
the authority of the Secretary under this Act shall 
be exercised by the Comptroller General of the 
United States. 
SEC. 7. NOTICE AND POSTING. 
(a) IN GENERAL.—Each employer shall post and 
keep posted, in conspicuous places on the premises of the 
employer where notices to employees and applicants for 
employment are customarily posted, a notice, to be pre-
pared or approved by the Secretary (or the corresponding 
administrative officer specified in section 8) setting forth 
excerpts from, or summaries of, the pertinent provisions 
of this Act and information pertaining to the filing of a 
complaint under this Act. 
(b) PENALTY.—Any employer that willfully violates 
this section may be assessed a civil money penalty not to 
exceed $100 for each separate offense. 
SEC. 8. REGULATIONS. 
(a) SECRETARY OF LABOR.— 
(1) IN GENERAL.—Except as provided in sub-
sections (b) through (f), not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall issue such regulations as may be nec-
essary to implement this Act. 
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(2) REGULATIONS REGARDING ADDITIONAL OC-
CUPATIONS TO BE COVERED.— 
(A) IN GENERAL.—In carrying out para-
graph (1), the Secretary shall issue regulations 
that specify a process the Secretary will follow 
to identify and designate additional occupa-
tions, for purposes of section 4(a), that are ap-
propriate for coverage under this Act. Non-
exempt employees in such occupations shall be 
considered to be designated employees for pur-
poses of this Act. 
(B) CRITERIA.—The regulations shall pro-
vide that the Secretary shall so designate an 
additional occupation— 
(i) in which not less than 10 percent 
of workers employed in the occupation gen-
erally— 
(I) receive advance notice of their 
work schedules less than 14 days be-
fore the first day of the work sched-
ules; or 
(II) experience fluctuations in the 
number of hours the employees are 
scheduled to work on a daily, weekly, 
or monthly basis; or 
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(ii) for which the Secretary deter-
mines such designation is appropriate. 
(C) DATA REVIEW.—In issuing the regula-
tions, the Secretary shall specify the process by 
which the Department of Labor will review data 
from stakeholders, and data collected or gen-
erated by the Department, in making those des-
ignations. 
(b) BOARD.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Board 
of Directors of the Office of Compliance shall issue 
such regulations as may be necessary to implement 
this Act with respect to employees described in sec-
tion 2(9)(C). The procedures applicable to regula-
tions of the Board issued for the implementation of 
the Congressional Accountability Act of 1995 (2 
U.S.C. 1301 et seq.), prescribed in section 304 of 
that Act (2 U.S.C. 1384), shall be the procedures 
applicable to regulations issued under this sub-
section. 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Board shall take into consideration the 
enforcement and remedies provisions concerning the 
Board, and applicable to rights and protections 
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under the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611 et seq.), under the Congressional 
Accountability Act of 1995 (2 U.S.C. 1301 et seq.). 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this Act shall be 
the same as substantive regulations issued by the 
Secretary to implement this Act, except to the extent 
that the Board may determine, for good cause 
shown and stated together with the regulations 
issued by the Board, that a modification of such 
substantive regulations would be more effective for 
the implementation of the rights and protections 
under this Act. 
(c) PRESIDENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Presi-
dent shall issue such regulations as may be nec-
essary to implement this Act with respect to employ-
ees described in section 2(9)(D). 
(2) CONSIDERATION.—In prescribing the regu-
lations, the President shall take into consideration 
the enforcement and remedies provisions concerning 
the President and the Merit Systems Protection 
Board, and applicable to rights and protections 
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under the Family and Medical Leave Act of 1993, 
under chapter 5 of title 3, United States Code. 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this Act shall be 
the same as substantive regulations issued by the 
Secretary to implement this Act, except to the extent 
that the President may determine, for good cause 
shown and stated together with the regulations 
issued by the President, that a modification of such 
substantive regulations would be more effective for 
the implementation of the rights and protections 
under this Act. 
(d) OFFICE OF PERSONNEL MANAGEMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Office 
of Personnel Management shall issue such regula-
tions as may be necessary to implement this Act 
with respect to employees described in section 
2(9)(E). 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Office shall take into consideration the 
enforcement and remedies provisions concerning the 
Office under subchapter V of chapter 63 of title 5, 
United States Code. 
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(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this Act shall be 
the same as substantive regulations issued by the 
Secretary to implement this Act, except to the extent 
that the Office may determine, for good cause shown 
and stated together with the regulations issued by 
the Office, that a modification of such substantive 
regulations would be more effective for the imple-
mentation of the rights and protections under this 
Act. 
(e) LIBRARIAN OF CONGRESS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Librar-
ian of Congress shall issue such regulations as may 
be necessary to implement this Act with respect to 
employees of the Library of Congress. 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Librarian shall take into consideration 
the enforcement and remedies provisions concerning 
the Librarian of Congress under title I of the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 2611 
et seq.). 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this Act shall be 
the same as substantive regulations issued by the 
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modification of such substantive regulations would 
be more effective for the implementation of the 
rights and protections under this Act. 
SEC. 9. RESEARCH, EDUCATION, AND TECHNICAL ASSIST-
ANCE PROGRAM AND SURVEYS. 
(a) IN GENERAL.—The Secretary shall provide infor-
mation and technical assistance to employers, labor orga-
nizations, and the general public concerning compliance 
with this Act. 
(b) PROGRAM.—In order to achieve the objectives of 
this Act— 
(1) the Secretary, acting through the Adminis-
trator of the Wage and Hour Division of the Depart-
ment of Labor, shall issue guidance on compliance 
with this Act regarding providing a flexible, predict-
able, or stable work environment through changes in 
the terms and conditions of employment as provided 
in section 3(a); and 
(2) the Secretary shall carry on a continuing 
program of research, education, and technical assist-
ance, including— 
(A)(i) conducting pilot programs that im-
plement fairer work schedules, including by pro-
moting cross training, providing three weeks or 
more advance notice of schedules, providing em-
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ployees with a minimum number of hours of 
work, and using computerized scheduling soft-
ware to provide more flexible, predictable, and 
stable schedules for employees; and 
(ii) evaluating the results of such pilot pro-
grams for employees, employee’s families, and 
employers; 
(B) publishing and otherwise making avail-
able to employers, labor organizations, profes-
sional associations, educational institutions, the 
various communication media, and the general 
public the findings of studies regarding fair 
work scheduling policies and other materials for 
promoting compliance with this Act; 
(C) sponsoring and assisting State and 
community informational and educational pro-
grams; and 
(D) providing technical assistance to em-
ployers, labor organizations, professional asso-
ciations, and other interested persons on means 
of achieving and maintaining compliance with 
the provisions of this Act. 
(c) CURRENT POPULATION SURVEY.—The Secretary, 
acting through the Commissioner of the Bureau of Labor 
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Statistics, and the Director of the Bureau of the Census 
shall— 
(1) include in the Current Population Survey 
questions on— 
(A) the amount of fluctuation in the num-
ber of hours the employee is scheduled to work 
on a daily, weekly or monthly basis; 
(B) the extent of advance notice an em-
ployee receives of the employee’s work schedule; 
and 
(C) the extent to which an employee has 
input in the employee’s work schedule; and 
(2) conduct at regular intervals the Contingent 
Worker Supplement, the Work Schedules and Work 
at Home Supplement, and other relevant supple-
ments (as determined by the Secretary), to the Cur-
rent Population Survey. 
SEC. 10. RIGHTS RETAINED BY EMPLOYEES. 
This Act provides minimum requirements and shall 
not be construed to preempt, limit, or otherwise affect the 
applicability of any other law, regulation, requirement, 
policy, or standard that provides for greater rights for em-
ployees than are required in this Act. 
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SEC. 11. EXEMPTION. 
This Act shall not apply to any employee covered by 
a bona fide collective bargaining agreement if the terms 
of the collective bargaining agreement include terms that 
govern work scheduling practices. 
SEC. 12. EFFECT ON OTHER LAW. 
(a) IN GENERAL.—Nothing in this Act shall be con-
strued as superseding, or creating or imposing any re-
quirement in conflict with, any Federal, State, or local 
regulation or other law (including the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12101 et seq.), the Fam-
ily and Medical Leave Act of 1993 (29 U.S.C. 2611 et 
seq.), the National Labor Relations Act (29 U.S.C. 151 
et seq.), the Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.), and title VII of the Civil Rights Act of 1964 
(42 U.S.C. 2000e et seq.)). 
(b) RELATIONSHIP
TO COLLECTIVE BARGAINING 
RIGHTS.—Nothing in this Act shall be construed to dimin-
ish or impair the rights of an employee under any valid 
collective bargaining agreement. 
Æ 
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