HR 2311 IH 
(B) whose annual gross revenue when 
added to the annual gross revenue of its parent 
corporation and all of its affiliated corporations 
exceeds $5,000,000 (exclusive of excise taxes at 
the retail level that are separately stated); 
(2) the term ‘‘employee’’ means the common- 
law employees of an employer; 
(3) the term ‘‘parent corporation’’ means any 
corporation that owns or controls at least 51 percent 
of the voting shares or other equity in the employer 
or an affiliated corporation; and 
(4) the term ‘‘affiliated corporation’’ means any 
corporation that shares a common parent corpora-
tion with an employer. 
SEC. 3. PROHIBITION ON RETALIATION AGAINST EMPLOY-
EES. 
No employer, or any of its agents, may discharge or 
cause to be discharged or in any other manner discrimi-
nate against or take or threaten any adverse action, in-
cluding changes in working assignments or conditions, any 
employee because the employee— 
(1) disseminated any message on the employer’s 
property or elsewhere, including through images, 
handbilling, picketing, work stoppages, or gathering 
in groups to protest conflicts with employers or to 
VerDate Mar 15 2010 
05:19 Jun 13, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2311.IH
H2311
smartinez on DSK6TPTVN1PROD with BILLS
HR 2311 IH 
help persuade employers to change working condi-
tions, provided the employees do not have a rep-
resentative for the purpose of collective bargaining 
and the employee’s actions— 
(A) were not taken during work time, ex-
cept during a lawful work stoppage; 
(B) were peaceful; and 
(C) did not destroy or damage property of 
the employer or block entrances or exits of the 
employer or otherwise impede the operations of 
the employer or the work of other employees; or 
(2) planned any of the actions described in 
paragraph (1), or assisted, encouraged, or supported 
another employee in engaging in any such actions. 
SEC. 4. PRESUMPTION OF UNLAWFUL ACTS. 
Any adverse action described in section 3, levied 
against an employee engaging in lawful actions within 90 
days of the date of the employee’s activity, shall be pre-
sumed unlawful and may only be rebutted by clear and 
convincing evidence proving adverse actions were taken for 
lawful reasons. 
SEC. 5. PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—Any employee who believes that 
he or she has been discharged, disciplined, or otherwise 
discriminated against by an employer or any of its agents, 
VerDate Mar 15 2010 
05:19 Jun 13, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2311.IH
H2311
smartinez on DSK6TPTVN1PROD with BILLS
HR 2311 IH 
whether the agent was operating within the scope of em-
ployment or without, in violation of section 3 (or any class 
of such employees) may bring an action in a court of com-
petent jurisdiction against either the employer or the of-
fending agent, in an individual capacity, for any of the 
following: 
(1) to enjoin such violation; 
(2) to recover any pay, backpay, damages, or 
other amounts as settlement, plus an amount equal 
to three times the amount of such backpay and dam-
ages and reasonable attorneys’ fees and expenses; or 
(3) to recover civil penalties of $1,000 per viola-
tion, per affected employee, per day. 
(b) LIMITATION.—An action brought under sub-
section (a) may not be brought later than 3 years after 
the affected employee knows or should have known of the 
violation. 
SEC. 6. RESTRICTION ON EMPLOYER OF AN EMPLOYEE 
FOUND TO BE IN VIOLATION OF THIS ACT. 
No employer may provide for an employee’s defense, 
backpay, damages, or settlement if that employee is found 
to be in violation of section 3 of this Act. 
SEC. 7. RULE OF CONSTRUCTION. 
This Act shall be liberally construed to effectuate its 
purposes. If any court finds any provision or application 
VerDate Mar 15 2010 
05:19 Jun 13, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2311.IH
H2311
smartinez on DSK6TPTVN1PROD with BILLS
HR 2311 IH 
of this Act to be invalid or inoperative, in whole or in part, 
the remaining provisions of this Act shall remain in effect. 
SEC. 8. EFFECTIVE DATE. 
This Act shall take effect 30 days after the date of 
enactment of this Act. 
Æ 
VerDate Mar 15 2010 
05:19 Jun 13, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H2311.IH
H2311
smartinez on DSK6TPTVN1PROD with BILLS