voluntarily consents to work any hours not 
posted under subparagraph (A), such consent 
must be recorded in writing. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to prohibit an em-
ployer from— 
(A) providing greater advance notice of the 
work schedule of a covered sector employee 
than is required under this subsection; or 
(B) using any means, in addition to the 
written means required under paragraph (2), of 
notifying a covered sector employee of the work 
schedule of the employee. 
(b) PREDICTABILITY PAY
FOR WORK SCHEDULE 
CHANGES MADE WITH LESS THAN 14 DAYS’ NOTICE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), for each work schedule change provided 
to a covered sector employee that occurs less than 
14 days prior to the first day on which the change 
is to take effect, the employer of the affected em-
ployee shall be required to provide the affected em-
ployee with pay (referred to in this subsection as 
‘‘predictability pay’’) at the following rates: 
(A) The covered sector employee’s regular 
rate of pay per hour that the employee works 
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plus one additional hour at such regular rate 
per work schedule change if the employer— 
(i) adds any hours to the hours the 
employee is scheduled to work under sub-
section (a); or 
(ii) changes the date, time, or location 
of the work shift the employee is scheduled 
to work under subsection (a) with no loss 
of hours. 
(B) Not less than 1⁄2 times the covered sec-
tor employee’s regular rate of pay per hour for 
any hour that the employee is scheduled to 
work under subsection (a) and does not work 
due to the employer reducing or canceling such 
scheduled hours of work. 
(2) EXCEPTIONS TO PREDICTABILITY PAY.—An 
employer shall not be required to pay predictability 
pay under paragraph (1), or to obtain written con-
sent pursuant to subsection (a)(3)(C), under any of 
the following circumstances: 
(A) A covered sector employee requests a 
shift change in writing, including through the 
use of sick leave, vacation leave, or any other 
leave policy offered by the employer. 
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(B) A schedule change is the result of a 
mutually agreed upon shift trade or coverage 
arrangement between covered sector employees, 
subject to any policy of the employer regarding 
required conditions for employees to exchange 
shifts. 
(C) The employer’s operations cannot 
begin or continue due to— 
(i) a threat to the property of an em-
ployee or the employer; 
(ii) the failure of a public utility or 
the shutdown of public transportation; 
(iii) a fire, flood, or other natural dis-
aster; 
(iv) a state of emergency declared by 
the President of the United States or by 
the governor of the State, or the mayor of 
the city, in which the operations are lo-
cated; or 
(v) a severe weather condition that 
poses a threat to employee safety. 
(c) SPLIT SHIFT PAY REQUIREMENT.—An employer 
shall pay a covered sector employee for 1 additional hour 
at the employee’s regular rate of pay for each day during 
which the employee works a split shift. 
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(d) PAY STUB TRANSPARENCY.—Any pay provided 
to an employee pursuant to subsection (a), (b), or (c) (re-
ferred to in this subsection as ‘‘additional pay’’) shall be 
included in the employee’s regular paycheck. The employer 
shall identify, in the corresponding written wage statement 
or pay stub, the total number of hours of additional pay 
provided for the pay period involved and whether the addi-
tional pay was due to the requirements of subsection (a), 
the requirements of subsection (b), or the requirements 
of subsection (c). 
SEC. 5. RIGHT TO REST BETWEEN WORK SHIFTS. 
(a) IN GENERAL.—An employee of a covered em-
ployer may decline, without penalty, to work any work 
shift or on-call shift that is scheduled or otherwise oc-
curs— 
(1) less than 11 hours after the end of the work 
shift or on-call shift for the previous day; or 
(2) during the 11 hours following the end of a 
work shift or on-call shift that spanned 2 days. 
(b) CONSENT.— 
(1) IN GENERAL.—An employee may consent to 
work a shift as described in subsection (a), if the 
covered employer obtains the employee’s consent in 
writing. Such consent may be for each such shift or 
for multiple shifts. 
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(2) REVOCATION.—An employee may revoke the 
consent provided under paragraph (1), in writing, at 
any time during the employment. 
(c) COMPENSATION.—For each instance that an em-
ployee of a covered employer works a shift described in 
subsection (a), the covered employer shall compensate the 
employee at 1.5 times the employee’s scheduled rate of pay 
for the hours worked that are less than 11 hours apart 
from the hours worked during the previous shift. 
SEC. 6. 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 provided 
under section 3, 4, or 5. 
(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 request for a change 
in work schedule, or because of an employee’s eligibility 
or perceived eligibility to request or receive a change in 
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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; 
(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. 7. 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)). 
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(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 9. 
(3) REQUIRED SUBMISSIONS GENERALLY LIM-
ITED TO AN ANNUAL BASIS.—The Secretary shall 
not require, under the authority of this subsection, 
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 
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.— 
(A) IN GENERAL.—Any employer who vio-
lates subsection (a) of section 6 (with respect to 
a right provided under section 3 or 5 or sub-
section (a), (b), or (c) of section 4) or sub-
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section (b) or (c) of such section (each such 
provision referred to in this section as a ‘‘cov-
ered provision’’) shall be liable to any employee 
affected for— 
(i) damages equal to the amount of— 
(I) any wages, salary, employ-
ment benefits (as defined in section 
101 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2611)), or 
other compensation denied, lost, or 
owed to such employee by reason of 
the violation; or 
(II) in a case in which wages, 
salary, employment benefits (as so de-
fined), or other compensation have 
not been denied, lost, or owed to the 
employee, any actual monetary losses 
sustained by the employee as a direct 
result of the violation; 
(ii) interest on the amount described 
in clause (i) calculated at the prevailing 
rate; 
(iii) except as described in subpara-
graph (B), an additional amount as liq-
uidated damages equal to the sum of the 
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amount described in clause (i) and the in-
terest described in clause (ii); and 
(iv) such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(B) EXCEPTION
FOR
LIQUIDATED
DAM-
AGES.—If an employer who has violated a cov-
ered provision proves to the satisfaction of the 
court that the act or omission which violated 
the covered provision was in good faith and that 
the employer had reasonable grounds for believ-
ing that the act or omission was not a violation 
of a covered provision, such court may, in the 
discretion of the court, waive such liquidated 
damages. 
(2) RIGHT OF ACTION.—An action to recover 
the damages, interest, or equitable relief set forth in 
paragraph (1) may be maintained against any em-
ployer (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 any other employees 
similarly situated. 
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(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)(4) 
in which a recovery is sought of the damages, inter-
est, or equitable relief described in paragraph (1)(A) 
owing to an employee by an employer liable under 
paragraph (1) unless the action described is dis-
missed 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-
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 (3) (in accordance with para-
graph (3)), with respect to such an alleged violation. 
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(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 PENALTY.— 
(A) IN GENERAL.—An employer who will-
fully and repeatedly violates— 
(i) section 4 or 5 shall be subject to 
a civil penalty in an amount per violation 
that is not less than $500 and not more 
than $1,000; or 
(ii) subsection (b) or (c) of section 6 
shall be subject to a civil penalty in an 
amount per violation that is not less than 
$1,100 and not more than $5,000. 
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(B) WILLFULLY AND REPEATEDLY.—For 
purposes of subparagraph (A): 
(i) REPEATEDLY.—The term ‘‘repeat-
edly’’, with respect to a violation, means 2 
or more such violations. 
(ii) WILLFULLY.—The term ‘‘will-
fully’’, with respect to a violation, means 
such a violation for which, based on all of 
the facts and circumstances surrounding 
the violation, an employer— 
(I) knew that its conduct was 
prohibited by, as applicable, section 4 
or 5 or subsection (b) or (c) of section 
6; or 
(II) showed reckless disregard for 
the requirements of, as applicable, 
section 4 or 5 or subsection (b) or (c) 
of section 6. 
(4) 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; 
(B) award such equitable relief as may be 
appropriate, including employment, reinstate-
ment, and promotion; and 
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(C) in the case of a violation of a covered 
provision, recover the damages and interest de-
scribed in clauses (i) through (iii) of subsection 
(b)(1)(A). 
(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 6, 
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 or by an em-
ployee under this section for the purposes of this 
subsection, it shall be considered to be commenced 
on the date when the complaint is filed. 
(e) OTHER ADMINISTRATIVE OFFICERS.— 
(1) BOARD.—In the case of employees described 
in section 2(10)(C), the authority of the Secretary 
under this Act shall be exercised by the Board of Di-
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rectors of the Office of Congressional Workplace 
Rights. 
(2) PRESIDENT; MERIT SYSTEMS PROTECTION 
BOARD.—In the case of employees described in sec-
tion 2(10)(D), the authority of the Secretary under 
this Act shall be exercised by the President and the 
Merit Systems Protection Board. 
(3) OFFICE OF PERSONNEL MANAGEMENT.—In 
the case of employees described in section 2(10)(E), 
the authority of the Secretary under this Act shall 
be exercised by the Office of Personnel Management. 
(4) LIBRARIAN OF CONGRESS.—In the case of 
employees of the Library of Congress, the authority 
of the Secretary under this Act shall be exercised by 
the Librarian of Congress. 
(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. 8. 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-
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pared or approved by the Secretary (or, as applicable, the 
corresponding administrative officer specified in section 
7(e)) 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. 9. 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. 
(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, 
in accordance with subparagraph (B), to iden-
tify and designate occupations in addition to re-
tail, food service, cleaning, hospitality, or ware-
house occupations that are appropriate for cov-
erage under section 4. 
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(B) CRITERIA.—The regulations under 
subparagraph (A) shall provide that the Sec-
retary shall so designate an additional occupa-
tion— 
(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 
(ii) for which the Secretary deter-
mines such designation is appropriate. 
(C) DATA REVIEW.—In issuing regulations 
under subparagraph (A), the Secretary shall 
specify the process by which the Department of 
Labor will review data from stakeholders, and 
data collected or generated by the Department, 
in designating occupations. 
(b) BOARD.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Board 
of Directors of the Office of Congressional Work-
place Rights shall issue such regulations as may be 
necessary to implement this Act with respect to em-
ployees described in section 2(10)(C). The proce-
dures applicable to regulations of the Board issued 
for the implementation of the Congressional Ac-
countability 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 regula-
tions issued under this subsection. 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Board shall take into consideration the 
enforcement and remedies provisions concerning the 
Office, and applicable to rights and protections 
under the Family and Medical Leave Act of 1993 
(29 U.S.C. 2601 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 
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substantive regulations would be more effective for 
the implementation of the rights and protections 
under this Act with respect to the employees de-
scribed in section 2(10)(D). 
(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(10)(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. 
(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 
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