I 
113TH CONGRESS 
2D SESSION 
H. R. 5159 
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 HOUSE OF REPRESENTATIVES 
JULY 22, 2014 
Mr. GEORGE MILLER of California (for himself, Ms. DELAURO, Ms. SCHA-
KOWSKY, Mr. CUMMINGS, Mr. HONDA, Ms. MOORE, Mr. NADLER, Ms. 
NORTON, Mr. GRAYSON, Mrs. CAROLYN B. MALONEY of New York, Mr. 
CONYERS, Mr. GRIJALVA, Ms. JACKSON LEE, Ms. WILSON of Florida, 
Ms. HAHN, Mr. HINOJOSA, Mr. HOLT, Ms. FUDGE, Mr. TAKANO, Ms. 
BROWN of Florida, Ms. KELLY of Illinois, Ms. EDWARDS, Ms. CLARKE 
of New York, Mr. RANGEL, Ms. MATSUI, Mr. JOHNSON of Georgia, Mr. 
POCAN, Mr. COURTNEY, Mr. ELLISON, and Mr. DANNY K. DAVIS of Illi-
nois) introduced the following bill; which was referred to the Committee 
on Education and the Workforce, and in addition to the Committees on 
House Administration, Oversight and Government Reform, and the Judi-
ciary, 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 sched-
ules without fear of retaliation, and to ensure that em-
ployers consider these requests; and to require employers 
to provide more predictable and stable schedules for em-
ployees in certain growing low-wage occupations, and 
for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Schedules That Work Act’’. 
(b) FINDINGS.—Congress finds the following: 
(1) The vast majority of the United States 
workforce today is juggling responsibilities at home 
and at work. Women are primary breadwinners or 
co-breadwinners in 63 percent of families in the 
United States and 26 percent of families with chil-
dren are headed by single mothers. 
(2) Despite the dual responsibilities of today’s 
workforce, workers across the income spectrum have 
very little ability to make changes to their work 
schedules when those changes are needed to accom-
modate family responsibilities. Only 27 percent of 
employers allow all or most of their employees to pe-
riodically change their starting and quitting times. 
(3) Although low-wage workers are most likely 
to be raising children on their own, as more than 
half of mothers of young children in low-wage jobs 
are doing, low-wage workers have the least control 
over their work schedules and the most unpredict-
able schedules. For example— 
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(A) roughly half of low-wage workers re-
ported very little or no control over the timing 
of the hours they were scheduled to work; 
(B) many workers in low-wage jobs receive 
their schedules with very little advance notice 
and have work hours that vary significantly 
from week to week or month to month; 
(C) some workers in low-wage jobs are sent 
home from work when work is slow without 
being paid for their scheduled shift; 
(D) in some industries, the use of ‘‘call-in 
shift’’ requirements—requirements that workers 
call in to work to find out whether they will be 
scheduled to work later that day—has become 
common practice; and 
(E) at the same time, 20 to 30 percent of 
workers in low-wage jobs struggle with being re-
quired to work extra hours with little or no no-
tice. 
(4) Unfair work scheduling practices make it 
difficult for low-wage workers to— 
(A) provide necessary care for children and 
other family members, including arranging child 
care; 
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(B) qualify for and maintain eligibility for 
child care subsidies, due to fluctuations in in-
come and work hours, or keep an appointment 
with a child care provider, due to not knowing 
how many hours or when the workers will be 
scheduled to work; 
(C) pursue workforce training; 
(D) get or keep a second job that some 
part-time workers need to make ends meet; and 
(E) arrange transportation to and from 
work. 
(5) Unpredictable and unstable schedules are 
prevalent in retail sales, food preparation and serv-
ice, and building cleaning occupations, which are 
among the lowest-paid and fastest-growing occupa-
tions in the workforce today. For workers in those 
occupations, often difficult and sometimes abusive 
work scheduling practices combine with very low 
wages to make it extremely challenging to make 
ends meet. 
(6) Retail sales, food preparation and service, 
and building cleaning occupations are among those 
most likely to have unpredictable and unstable 
schedules. According to data from the Bureau of 
Labor Statistics, 66 percent of food service workers, 
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52 percent of retail workers, and 40 percent of jani-
tors and housekeepers know their schedules only a 
week or less in advance. The average variation in 
work hours in a single month is 70 percent for food 
service workers, 50 percent for retail workers, and 
40 percent for janitors and housekeepers. 
(7) Those are among the lowest-paid and fast-
est-growing occupations, accounting for 18 percent 
of workers in the economy, some 23,500,000 work-
ers. The median pay for workers in those 3 occupa-
tions is between $9.15 and $10.44 per hour, and 
women make up more than half of the workers in 
those occupations. 
(8) Employers that have implemented fair work 
scheduling policies that allow workers to have more 
control over their work schedules, and provide more 
predictable and stable schedules, have experienced 
significant benefits, including reductions in absentee-
ism and workforce turnover, and increased employee 
morale and engagement. 
(9) This Act is a first step in responding to the 
needs of workers for a voice in the timing of their 
work hours and for more predictable schedules. 
SEC. 2. DEFINITIONS. 
As used in this Act, the following definitions apply: 
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(1) BONA FIDE BUSINESS REASON.—The term 
‘‘bona fide business reason’’ means— 
(A) the identifiable burden of additional 
costs to an employer, including the cost of pro-
ductivity loss, retraining or hiring employees, or 
transferring employees from one facility to an-
other facility; 
(B) a significant detrimental effect on the 
employer’s ability to meet organizational needs 
or customer demand; 
(C) a significant inability of the employer, 
despite best efforts, to reorganize work among 
existing (as of the date of the reorganization) 
staff; 
(D) a significant detrimental effect on 
business performance; 
(E) insufficiency of work during the peri-
ods an employee proposes to work; 
(F) the need to balance competing sched-
uling requests when it is not possible to grant 
all such requests without a significant detri-
mental effect on the employer’s ability to meet 
organizational needs; or 
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(G) such other reason as may be specified 
by the Secretary of Labor (or the corresponding 
administrative officer specified in section 8). 
(2) CAREER-RELATED EDUCATIONAL OR TRAIN-
ING
PROGRAM.—The term ‘‘career-related edu-
cational or training program’’ means an educational 
or training program or program of study offered by 
a public, private, or nonprofit career and technical 
education school, institution of higher education, or 
other entity that provides academic education, career 
and technical education, or training (including reme-
dial education or English as a second language, as 
appropriate), that is a program that leads to a rec-
ognized postsecondary credential (as identified under 
section 122(d) of the Workforce Innovation and Op-
portunity Act), and provides career awareness infor-
mation. The term includes a program allowable 
under the Workforce Investment Act of 1998 (29 
U.S.C. 2801 et seq.), the Workforce Innovation and 
Opportunity Act, the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 2301 
et seq.), or the Higher Education Act of 1965 (20 
U.S.C. 1001 et seq.), without regard to whether or 
not the program is funded under the corresponding 
Act. 
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(3) CAREGIVER.—The term ‘‘caregiver’’ means 
an individual with the status of being a significant 
provider of— 
(A) ongoing care or education, including 
responsibility for securing the ongoing care or 
education, of a child; or 
(B) ongoing care, including responsibility 
for securing the ongoing care, of— 
(i) a person with a serious health con-
dition who is in a family relationship with 
the individual; or 
(ii) a parent of the individual, who is 
age 65 or older. 
(4) CHILD.—The term ‘‘child’’ means a biologi-
cal, adopted, or foster child, a stepchild, a legal 
ward, or a child of a person standing in loco 
parentis to that child, who is— 
(A) under age 18; or 
(B) age 18 or older and incapable of self- 
care because of a mental or physical disability. 
(5) COVERED EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘covered em-
ployer’’— 
(i) means any person engaged in com-
merce or in any industry or activity affect-
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ing commerce who employs 15 or more em-
ployees (described in paragraph (7)(A)); 
(ii) includes any person who acts, di-
rectly or indirectly, in the interest of such 
an employer to any of the employees (de-
scribed in paragraph (7)(A)) of such em-
ployer; 
(iii) includes any successor in interest 
of such an employer; and 
(iv) includes an agency described in 
clause (iii) or (iv) of subparagraph (A) of 
section 101(4) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611(4)), to 
which subparagraph (B) of such section 
shall apply. 
(B) RULE.—For purposes of determining 
the number of employees who work for a person 
described in subparagraph (A)(i), all employees 
(described in paragraph (7)(A)) performing 
work for compensation on a full-time, part-time, 
or temporary basis shall be counted, except that 
if the number of such employees who perform 
work for such a person for compensation fluc-
tuates, the number may be determined for a 
calendar year based upon the average number 
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of such employees who performed work for the 
person for compensation during the preceding 
calendar year. 
(C) PERSON.—In this paragraph, and 
paragraph (7), the term ‘‘person’’ has the 
meaning given the term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
(6) DOMESTIC PARTNER.—The term ‘‘domestic 
partner’’ means the person recognized as being in a 
relationship with an employee under any domestic 
partnership, civil union, or similar law of the State 
or political subdivision of a State in which the em-
ployee resides. 
(7) EMPLOYEE.—The term ‘‘employee’’ means 
an individual who is— 
(A) an employee, as defined in section 3(e) 
of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(e)), who is not described in any of 
subparagraphs (B) through (G); 
(B) a State employee described in section 
304(a) of the Government Employee Rights Act 
of 1991 (42 U.S.C. 2000e–16c(a)); 
(C) a covered employee, as defined in sec-
tion 101 of the Congressional Accountability 
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Act of 1995 (2 U.S.C. 1301), other than an ap-
plicant for employment; 
(D) a covered employee, as defined in sec-
tion 411(c) of title 3, United States Code; 
(E) a Federal officer or employee covered 
under subchapter V of chapter 63 of title 5, 
United States Code; 
(F) an employee of the Library of Con-
gress; or 
(G) an employee of the Government Ac-
countability Office. 
(8) EMPLOYER.—The term ‘‘employer’’ means 
a person— 
(A) who is— 
(i) a covered employer, as defined in 
paragraph (4), who is not described in any 
of clauses (ii) through (vii); 
(ii) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
(iii) an employing office, as defined in 
section 101 of the Congressional Account-
ability Act of 1995; 
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(iv) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; 
(v) an employing agency covered 
under subchapter V of chapter 63 of title 
5, United States Code; 
(vi) the Librarian of Congress; or 
(vii) the Comptroller General of the 
United States; and 
(B) who is engaged in commerce (including 
government), in the production of goods for 
commerce, or in an enterprise engaged in com-
merce (including government) or in the produc-
tion of goods for commerce. 
(9) FAMILY RELATIONSHIP.—The term ‘‘family 
relationship’’ means a relationship with a child, 
spouse, domestic partner, parent, grandchild, grand-
parent, sibling, or parent of a spouse or domestic 
partner. 
(10) GRANDCHILD.—The term ‘‘grandchild’’ 
means the child of a child. 
(11) GRANDPARENT.—The term ‘‘grandparent’’ 
means the parent of a parent. 
(12) MINIMUM NUMBER OF EXPECTED WORK 
HOURS.—The term ‘‘minimum number of expected 
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work hours’’ means the minimum number of hours 
an employee will be assigned to work on a weekly or 
monthly basis. 
(13) PARENT.—The term ‘‘parent’’ means a bi-
ological or adoptive parent, a stepparent, or a person 
who stood in a parental relationship to an employee 
when the employee was a child. 
(14) PARENTAL
RELATIONSHIP.—The term 
‘‘parental relationship’’ means a relationship in 
which a person assumed the obligations incident to 
parenthood for a child and discharged those obliga-
tions before the child reached adulthood. 
(15) PART-TIME EMPLOYEE.—The term ‘‘part- 
time employee’’ means an individual who works 
fewer than 30 hours per week on average during any 
1-month period. 
(16) RETAIL, FOOD SERVICE, OR CLEANING EM-
PLOYEE.— 
(A) IN GENERAL.—The term ‘‘retail, food 
service, or cleaning employee’’ means an indi-
vidual employee who is employed in any of the 
following occupations, as described by the Bu-
reau of Labor Statistics Standard Occupational 
Classification System (as in effect on the day 
before the date of enactment of this Act): 
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(i) Retail sales occupations consisting 
of occupations described in 41–1010 and 
41–2000, and all subdivisions thereof, of 
such System, which includes first-line su-
pervisors of sales workers, cashiers, gam-
ing change persons and booth cashiers, 
counter and rental clerks, parts sales-
persons, and retail salespersons. 
(ii) Food preparation and serving re-
lated occupations as described in 35–0000, 
and all subdivisions thereof, of such Sys-
tem, which includes supervisors of food 
preparation and serving workers, cooks 
and food preparation workers, food and 
beverage serving workers, and other food 
preparation and serving related workers. 
(iii) Building cleaning occupations as 
described in 37–2011, 37–2012 and 37– 
2019 of such System, which includes jani-
tors and cleaners, maids and housekeeping 
cleaners, and building cleaning workers. 
(B) EXCLUSIONS.—Notwithstanding sub-
paragraph (A), the term ‘‘retail, food service, or 
cleaning employee’’ does not include any person 
employed in a bona fide executive, administra-
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tive, or professional capacity, as defined for 
purposes of section 13(a)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(a)(1)). 
(17) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(18) SERIOUS HEALTH CONDITION.—The term 
‘‘serious health condition’’ has the meaning given 
the term in section 101 of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2611). 
(19) SIBLING.—The term ‘‘sibling’’ means a 
brother or sister, whether related by half blood, 
whole blood, or adoption, or as a stepsibling. 
(20) SPLIT
SHIFT.—The term ‘‘split shift’’ 
means a schedule of daily hours in which the hours 
worked are not consecutive, except that a schedule 
in which the total time out for meals does not exceed 
1 hour shall not be treated as a split shift. 
(21) SPOUSE.— 
(A) IN
GENERAL.—The term ‘‘spouse’’ 
means a person with whom an individual en-
tered into— 
(i) a marriage as defined or recog-
nized under State law in the State in 
which the marriage was entered into; or 
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(ii) in the case of a marriage entered 
into outside of any State, a marriage that 
is in the place where entered into and 
could have been entered into in at least 1 
State. 
(B) SAME-SEX
OR
COMMON
LAW
MAR-
RIAGE.—Such term includes an individual in a 
same-sex or common law marriage that meets 
the requirements of subparagraph (A). 
(22) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 3 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203). 
(23) WORK
SCHEDULE.—The term ‘‘work 
schedule’’ means those days and times within a work 
period when an employee is required by an employer 
to perform the duties of the employee’s employment 
for which the employee will receive compensation. 
(24) WORK
SCHEDULE
CHANGE.—The term 
‘‘work schedule change’’ means any modification to 
an employee’s work schedule, such as an addition or 
reduction of hours, cancellation of a shift, or a 
change in the date or time of a work shift, by an 
employer. 
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(25) WORK
SHIFT.—The term ‘‘work shift’’ 
means the specific hours of the workday during 
which an employee works. 
(26) VARIOUS ADDITIONAL TERMS.— 
(A) COMMERCE TERMS.—The terms ‘‘com-
merce’’ and ‘‘industry or activity affecting com-
merce’’ have the meanings given the terms in 
section 101 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2611). 
(B) EMPLOY.—The term ‘‘employ’’ has the 
meaning given the term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
SEC. 3. RIGHT TO REQUEST AND RECEIVE A FLEXIBLE, 
PREDICTABLE OR STABLE WORK SCHEDULE. 
(a) RIGHT TO REQUEST.—An employee may apply 
to the employee’s employer to request a change in the 
terms and conditions of employment as they relate to— 
(1) the number of hours the employee is re-
quired to work or be on call for work; 
(2) the times when the employee is required to 
work or be on call for work; 
(3) the location where the employee is required 
to work; 
(4) the amount of notification the employee re-
ceives of work schedule assignments; and 
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(5) minimizing fluctuations in the number of 
hours the employee is scheduled to work on a daily, 
weekly, or monthly basis. 
(b) EMPLOYER OBLIGATION TO ENGAGE
IN
AN 
INTERACTIVE PROCESS.— 
(1) IN GENERAL.—If an employee applies to the 
employee’s employer to request a change in the 
terms and conditions of employment as set forth in 
subsection (a), the employer shall engage in a time-
ly, good faith interactive process with the employee 
that includes a discussion of potential schedule 
changes that would meet the employee’s needs. 
(2) RESULT.—Such process shall result in— 
(A) either granting or denying the request; 
(B) in the event of a denial, considering al-
ternatives to the proposed change that might 
meet the employee’s needs and granting or de-
nying a request for an alternative change in the 
terms and conditions of employment as set 
forth in subsection (a); and 
(C) in the event of a denial, stating the 
reason for denial. 
(3) INFORMATION.—If information provided by 
the employee making a request for a change requires 
clarification, the employer shall explain what further 
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information is needed and give the employee reason-
able time to produce the information. 
(c) REQUESTS RELATED TO CAREGIVING, ENROLL-
MENT IN EDUCATION OR TRAINING, OR A SECOND JOB.— 
If an employee makes a request for a change in the terms 
and conditions of employment as set forth in subsection 
(a) because of a serious health condition of the employee, 
due to the employee’s responsibilities as a caregiver, or 
due to the employee’s enrollment in a career-related edu-
cational or training program, or if a part-time employee 
makes a request for such a change for a reason related 
to a second job, the employer shall grant the request, un-
less the employer has a bona fide business reason for deny-
ing the request. 
(d) OTHER REQUESTS.—If an employee makes a re-
quest for a change in the terms and conditions of employ-
ment as set forth in subsection (a), for a reason other than 
those reasons set forth in subsection (c), the employer may 
deny the request for any reason that is not unlawful. If 
the employer denies such a request, the employer shall 
provide the employee with the reason for the denial, in-
cluding whether any such reason was a bona fide business 
reason. 
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SEC. 4. REQUIREMENTS FOR REPORTING TIME PAY, SPLIT 
SHIFT PAY, AND ADVANCE NOTICE OF WORK 
SCHEDULES. 
(a) REPORTING TIME PAY REQUIREMENT.—An em-
ployer shall pay a retail, food service, or cleaning em-
ployee— 
(1) for at least 4 hours at the employee’s reg-
ular rate of pay for each day on which the retail, 
food service, or cleaning employee reports for work 
under specific instructions but is given less than 
four hours of work, except that if the retail, food 
service, or cleaning employee’s scheduled hours are 
less than 4 hours, such retail, food service, or clean-
ing employee shall be paid for the employee’s sched-
uled hours for that day if given less than the sched-
uled hours of work; and 
(2) for at least 1 hour at the employee’s regular 
rate of pay for each day the retail, food service, or 
cleaning employee is given specific instructions to 
contact the employee’s employer, or wait to be con-
tacted by the employer, less than 24 hours in ad-
vance of the start of a potential work shift to deter-
mine whether the employee must report to work for 
such shift. 
(b) SPLIT SHIFT PAY REQUIREMENT.—An employer 
shall pay a retail, food service, or cleaning employee for 
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one additional hour at the retail, food service, or cleaning 
employee’s regular rate of pay for each day during which 
the retail, food service, or cleaning employee works a split 
shift. 
(c) ADVANCE NOTICE REQUIREMENT.— 
(1) INITIAL SCHEDULE.—On or before a new 
retail, food service, or cleaning employee’s first day 
of work, the employer shall inform the retail, food 
service, or cleaning employee in writing of the em-
ployee’s work schedule and the minimum number of 
expected work hours the retail, food service, or 
cleaning employee will be assigned to work per 
month. 
(2) CHANGE TO SCHEDULE.—Except as pro-
vided in paragraph (3), if the retail, food service, or 
cleaning employee’s work schedule changes from the 
work schedule of which the retail, food service, or 
cleaning employee was informed pursuant to para-
graph (1), the employer shall provide each retail, 
food service, or cleaning employee with the employ-
ee’s new work schedule not less than 14 days before 
the first day of the new work schedule. If the ex-
pected minimum number of work hours a retail, food 
service, or cleaning employee will be assigned 
changes, the employer shall also provide notification 
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of that change, not less than 14 days in advance of 
the first day this change will go into effect. Nothing 
in this subsection shall be construed to prohibit an 
employer from providing greater advance notice of a 
retail, food service, or cleaning employee’s work 
schedule than is required under this section. 
(3) WORK
SCHEDULE
CHANGES
MADE
WITH 
LESS THAN 24 HOURS’ NOTICE.—An employer may 
make work schedule changes as needed, including by 
offering additional hours of work to retail, food serv-
ice, or cleaning employees beyond those previously 
scheduled, but an employer shall be required to pro-
vide one extra hour of pay at the retail, food service, 
or cleaning employee’s regular rate for each shift 
that is changed with less than 24 hours’ notice, ex-
cept in the case of the need to schedule the retail, 
food service, or cleaning employee due to the unfore-
seen unavailability of a retail, food service, or clean-
ing employee previously scheduled to work that shift. 
(4) NOTIFICATIONS IN WRITING.—The notifica-
tions required under paragraphs (1) and (2) shall be 
made to the employee in writing. Nothing in this 
subsection shall be construed as prohibiting an em-
ployer from using any additional means of notifying 
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a retail, food service, or cleaning employee of the 
employee’s work schedule. 
(5) SCHEDULE POSTING REQUIREMENT.—Every 
employer employing any retail, food service, or clean-
ing employee subject to this Act shall post the 
schedule and keep it posted in a conspicuous place 
in every establishment where such retail, food serv-
ice, or cleaning employee is employed so as to permit 
them to observe readily a copy. Availability of that 
schedule by electronic means accessible by all em-
ployees of that employer shall be considered compli-
ance with this subsection. 
(6) EMPLOYEE
SHIFT
TRADING.—Nothing in 
this subsection shall be construed to prevent an em-
ployer from allowing a retail, food service, or clean-
ing employee to work in place of another employee 
who has been scheduled to work a particular shift as 
long as the change in schedule is mutually agreed 
upon by the employees. An employer shall not be 
subject to the requirements of paragraph (2) or (3) 
for such voluntary shift trades. 
(d) EXCEPTION.—The requirements in subsections 
(a), (b), and (c) shall not apply during periods when reg-
ular operations of the employer are suspended due to 
events beyond the employer’s control. 
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SEC. 5. PROHIBITED ACTS. 
(a) INTERFERENCE WITH RIGHTS.—It shall be un-
lawful for any employer to interfere with, restrain, or deny 
the exercise or the attempt to exercise, any right of an 
employee as set forth in section 3 or of a retail, food serv-
ice, or cleaning employee as set forth in section 4. 
(b) RETALIATION PROHIBITED.—It shall be unlawful 
for any employer to discharge, threaten to discharge, de-
mote, suspend, reduce work hours of, or take any other 
adverse employment action against any employee in retal-
iation for exercising the rights of an employee under this 
Act or opposing any practice made unlawful by this Act. 
For purposes of section 3, such retaliation shall include 
taking an adverse employment action against any em-
ployee on the basis of that employee’s eligibility or per-
ceived eligibility to request or receive a change in the 
terms and conditions of employment, as described in such 
section, on the basis of a reason set forth in section 3(c). 
(c) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against any individual 
because such individual— 
(1) has filed any charge, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this Act; 
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(2) has given or is about to give, any informa-
tion in connection with any inquiry or proceeding re-
lating to any right provided under this Act; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this Act. 
SEC. 6. REMEDIES AND ENFORCEMENT. 
(a) INVESTIGATIVE AUTHORITY.— 
(1) IN GENERAL.—To ensure compliance with 
this Act, or any regulation or order issued under 
this Act, the Secretary shall have, subject to para-
graph (3), the investigative authority provided under 
section 11(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(a)). 
(2) OBLIGATION
TO
KEEP
AND
PRESERVE 
RECORDS.—Each employer shall make, keep, and 
preserve records pertaining to compliance with this 
Act in accordance with regulations issued by the 
Secretary under section 8. 
(3) REQUIRED SUBMISSIONS GENERALLY LIM-
ITED TO AN ANNUAL BASIS.—The Secretary shall 
not under the authority of this subsection require 
any employer to submit to the Secretary any books 
or records more than once during any 12-month pe-
riod, unless the Secretary has reasonable cause to 
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believe there may exist a violation of this Act or any 
regulation or order issued pursuant to this Act, or 
is investigating a charge pursuant to subsection (c). 
(4) SUBPOENA POWERS.—For the purposes of 
any investigation provided for in this section, the 
Secretary shall have the subpoena authority provided 
for under section 9 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 209). 
(b) CIVIL ACTION BY EMPLOYEES.— 
(1) LIABILITY.—Any employer who violates sec-
tion 5(a) (with respect to a right set forth in section 
4) or subsection (b) or (c) of section 5 (referred to 
in this section as a ‘‘covered provision’’) shall be lia-
ble to any employee affected for— 
(A) damages equal to the amount of— 
(i) any wages, salary, employment 
benefits (as defined in section 101 of the 
Family and Medical Leave Act of 1993 (29 
U.S.C. 2611)), or other compensation de-
nied, lost, or owed to such employee by 
reason of the violation; or 
(ii) in a case in which wages, salary, 
employment benefits (as so defined), or 
other compensation have not been denied, 
lost, or owed to the employee, any actual 
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monetary losses sustained by the employee 
as a direct result of the violation; 
(B) interest on the amount described in 
subparagraph (A) calculated at the prevailing 
rate; 
(C) an additional amount as liquidated 
damages equal to the sum of the amount de-
scribed in subparagraph (A) and the interest 
described in subparagraph (B), except that if 
an employer who has violated a covered provi-
sion proves to the satisfaction of the court that 
the act or omission which violated the covered 
provision was in good faith and that the em-
ployer had reasonable grounds for believing that 
the act or omission was not a violation of a cov-
ered provision, such court may, in the discretion 
of the court, reduce the amount of liability to 
the amount and interest determined under sub-
paragraphs (A) and (B), respectively; and 
(D) such equitable relief as may be appro-
priate, including employment, reinstatement, 
and promotion. 
(2) RIGHT OF ACTION.—An action to recover 
the damages or equitable relief set forth in para-
graph (1) may be maintained against any employer 
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(including a public agency) in any Federal or State 
court of competent jurisdiction by any one or more 
employees for and on behalf of— 
(A) the employees; or 
(B) the employees and other employees 
similarly situated. 
(3) FEES AND COSTS.—The court in such an 
action shall, in addition to any judgment awarded to 
the plaintiff, allow a reasonable attorney’s fee, rea-
sonable expert witness fees, and other costs of the 
action to be paid by the defendant. 
(4) LIMITATIONS.—The right provided by para-
graph (2) to bring an action by or on behalf of any 
employee shall terminate on the filing of a complaint 
by the Secretary in an action under subsection (c)(3) 
in which a recovery is sought of the damages de-
scribed in paragraph (1)(A) owing to an employee by 
an employer liable under paragraph (1) unless the 
action described is dismissed without prejudice on 
motion of the Secretary. 
(c) ACTIONS BY THE SECRETARY.— 
(1) ADMINISTRATIVE
ACTION.—The Secretary 
shall receive, investigate, and attempt to resolve 
complaints of violations of this Act in the same man-
ner that the Secretary receives, investigates, and at-
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tempts to resolve complaints of violations of sections 
6 and 7 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206 and 207), and may issue an order 
making determinations, and assessing a civil penalty 
described in paragraph (4) (in accordance with para-
graph (4)), with respect to such an alleged violation. 
(2) ADMINISTRATIVE
REVIEW.—An affected 
person who takes exception to an order issued under 
paragraph (1) may request review of and a decision 
regarding such an order by an administrative law 
judge. In reviewing the order, the administrative law 
judge may hold an administrative hearing con-
cerning the order, in accordance with the require-
ments of sections 554, 556, and 557 of title 5, 
United States Code. Such hearing shall be conducted 
expeditiously. If no affected person requests such re-
view within 60 days after the order is issued under 
paragraph (1), the order shall be considered to be a 
final order that is not subject to judicial review. 
(3) CIVIL ACTION.—The Secretary may bring 
an action in any court of competent jurisdiction on 
behalf of aggrieved employees to— 
(A) restrain violations of this Act; 
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(B) award such equitable relief as may be 
appropriate, including employment, reinstate-
ment, and promotion; and 
(C) in the case of a violation of a covered 
provision, recover the damages and interest de-
scribed in subparagraphs (A) through (C) of 
subsection (b)(1). 
(4) CIVIL PENALTY.—An employer who willfully 
and repeatedly violates— 
(A) paragraph (1), (4), or (5) of section 
4(c) shall be subject to a civil penalty in an 
amount to be determined by the Secretary, but 
not to exceed $100 per violation; and 
(B) subsection (b) or (c) of section 5 shall 
be subject to a civil penalty in an amount to be 
determined by the Secretary, but not to exceed 
$1,100 per violation. 
(d) LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an action may be brought under this sec-
tion not later than 2 years after the date of the last 
event constituting the alleged violation for which the 
action is brought. 
(2) WILLFUL VIOLATION.—In the case of such 
action brought for a willful violation of section 5, 
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such action may be brought within 3 years of the 
date of the last event constituting the alleged viola-
tion for which such action is brought. 
(3) COMMENCEMENT.—In determining when an 
action is commenced by the Secretary under this 
section for the purposes of this subsection, it shall 
be considered to be commenced on the date when the 
complaint is filed. 
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) IN GENERAL.—Except as provided in subsections 
(b) through (f), not later than 180 days after the date 
of enactment of this Act, the Secretary shall prescribe 
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such regulations as may be necessary to carry out this 
Act. 
(b) BOARD.—Not later than 180 days after the date 
of enactment of this Act, the Board of Directors of the 
Office of Compliance shall prescribe such regulations as 
may be necessary to carry out this Act with respect to 
employees described in section 4(7)(C). 
(c) PRESIDENT.—Not later than 180 days after the 
date of enactment of this Act, the President shall prescribe 
such regulations as may be necessary to carry out this 
Act with respect to employees described in section 
4(7)(D). 
(d) OFFICE
OF PERSONNEL MANAGEMENT.—Not 
later than 180 days after the date of enactment of this 
Act, the Office of Personnel Management shall prescribe 
such regulations as may be necessary to carry out this 
Act with respect to employees described in section 4(7)(E). 
(e) LIBRARIAN OF CONGRESS.—Not later than 180 
days after the date of enactment of this Act, the Librarian 
of Congress shall prescribe such regulations as may be 
necessary to carry out this Act with respect to employees 
of the Library of Congress. 
(f) COMPTROLLER GENERAL.—Not later than 180 
days after the date of enactment of this Act, the Comp-
troller General of the United States shall prescribe such 
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regulations as may be necessary to carry out this Act with 
respect to employees of the Government Accountability Of-
fice. 
SEC. 9. RESEARCH, EDUCATION, AND TECHNICAL ASSIST-
ANCE PROGRAM. 
(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) GAO STUDY.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct a study on— 
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(A) the impact of difficult scheduling prac-
tices on employees and employers, including un-
predictable and unstable schedules and sched-
ules over which employees have little control, 
and particularly how these scheduling practices 
impact absenteeism, workforce turnover, and 
employees’ ability to meet their caregiving re-
sponsibilities; 
(B) the prevalence in occupations not de-
scribed in section 2(16)(A) of employees rou-
tinely receiving inadequate advance notice of 
the shifts or hours of the employees, being as-
signed split shifts, being sent home from work 
prior to the completion of their scheduled shift 
without being paid for the hours in their sched-
uled shift, being assigned call-in shifts (where 
the employee is required to contact the em-
ployer, or wait to be contacted by the employer, 
less than 24 hours in advance of the potential 
work shift to determine whether the employee 
must report to work), or being called into work 
outside of scheduled hours; 
(C) the effects on employees in occupations 
not described in section 2(16)(A) of providing 
advance notice of work schedules, reporting 
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time pay when employees are sent home without 
working their full scheduled shift or are as-
signed to call-in shifts but given no work for 
those shifts, and split shift pay when employees 
are assigned split shifts; and 
(D) the effects on employers in occupations 
not described in section 2(16)(A) of providing 
advance notice of work schedules, reporting 
time pay when employees are sent home without 
working their full scheduled shift or assigned to 
call-in shifts but given no work for those shifts, 
and split shift pay when employees are assigned 
split shifts. 
(2) REPORTS.—Not later than 18 months after 
the date of enactment of this Act, the Comptroller 
General of the United States shall prepare and sub-
mit a report to the appropriate committees of Con-
gress concerning the initial results of the study con-
ducted pursuant to paragraph (1). Not later than 5 
years after the date of enactment of this Act, the 
Comptroller General shall prepare and submit a fol-
low-up report to such committees concerning the re-
sults of such study. 
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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. 
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. 
Nothing in this Act shall be construed as creating or 
imposing any requirement in conflict with any Federal or 
State law or regulation (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.), and title VII of the Civil Rights Act of 1964 (42 
U.S.C. 2000e et seq.)), nor shall anything in this Act be 
construed to diminish or impair the rights of an employee 
under any valid collective bargaining agreement. 
Æ 
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