383 
this chapter shall prove such applicability 
by clear and convincing evidence. 
‘‘(2) NO-LESS-PROTECTION RULE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
not take any action to reduce a protection af-
forded under this chapter to a service employee 
through any regulation, guidance, opinion, rul-
ing, standard, order, adjudicative decision, or 
other interpretation from the protection pro-
vided to the service employee through a prior 
regulation, guidance, opinion, ruling, standard, 
order, adjudicative decision, or other interpreta-
tion in effect on the day before the date of such 
action, unless such reduction is explicitly and 
specifically mandated by an Act of Congress. 
‘‘(B) REQUEST FOR CONGRESSIONAL AC-
TION.—The Secretary may submit a proposal to 
Congress for a reduction described in subpara-
graph (A), but shall not take any action de-
scribed in such subparagraph without an ex-
plicit and specific mandate by an Act of Con-
gress. 
‘‘(C) STANDARD
OF
DEFERENCE.—Not-
withstanding chapter 7 of title 5, United States 
Code, in any action for judicial review of an 
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384 
agency action under such chapter, a reviewing 
court shall defer to a regulation, guidance, 
opinion, ruling, standard, order, adjudicative 
decision, or other interpretation issued by the 
agency that increases or otherwise strengthens 
a protection afforded to a service employee 
under this chapter unless such regulation, guid-
ance, opinion, ruling, standard, order, adjudica-
tive decision, or other interpretation is plainly 
erroneous or inconsistent with this chapter.’’. 
(h) WALSH-HEALEY PUBLIC CONTRACTS ACT.— 
(1) IN
GENERAL.—Chapter 65 of title 41, 
United States Code, is amended by adding at the 
end the following: 
‘‘SEC. 6512. GENERAL STANDARDS FOR APPLYING AND IN-
TERPRETING WORKERS’ RIGHTS. 
‘‘(a) INTERPRETATION OF PROTECTIONS AND EX-
EMPTIONS.— 
‘‘(1) PROTECTIONS.—All protections afforded 
under this chapter to individuals performing any 
labor, with respect to the manufacture or furnishing 
of materials, supplies, articles, or equipment under 
a contract to which this chapter applies, who is an 
employee of the contractor of such contract, shall be 
interpreted expansively in favor of such individual or 
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385 
an individual claiming classification as such an indi-
vidual. 
‘‘(2) EXEMPTIONS AND EXCLUSIONS.— 
‘‘(A) IN
GENERAL.—All exemptions and 
exclusions under this chapter shall be inter-
preted narrowly against the contractor of a con-
tract to which this chapter applies, or person 
alleged to be such a contractor, and limited in 
application to those persons or circumstances 
plainly and unmistakably within the language 
and spirit of the exemption or exclusion. 
‘‘(B) 
CLEAR
AND
CONVINCING
EVI-
DENCE.—Any person asserting the applicability 
of an exemption or exclusion under this chapter 
shall prove such applicability by clear and con-
vincing evidence. 
‘‘(b) NO-LESS-PROTECTION RULE.— 
‘‘(1) IN
GENERAL.—The Secretary shall not 
take any action to reduce a protection afforded 
under this chapter to an individual performing any 
labor, with respect to the manufacture or furnishing 
of materials, supplies, articles, or equipment under 
a contract to which this chapter applies, who is an 
employee of the contractor of such contract, through 
any regulation, guidance, opinion, ruling, standard, 
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pamtmann on DSKBC07HB2PROD with BILLS
386 
order, adjudicative decision, or other interpretation 
from the protection provided to such individual 
through a prior regulation, guidance, opinion, ruling, 
standard, order, adjudicative decision, or other inter-
pretation in effect on the day before the date of such 
action, unless such reduction is explicitly and specifi-
cally mandated by an Act of Congress. 
‘‘(2) REQUEST FOR CONGRESSIONAL ACTION.— 
The Secretary may submit a proposal to Congress 
for a reduction described in paragraph (1), but shall 
not take any action described in such paragraph 
without an explicit and specific mandate by an Act 
of Congress. 
‘‘(3) STANDARD
OF
DEFERENCE.—Notwith-
standing chapter 7 of title 5, United States Code, in 
any action for judicial review of an agency action 
under such chapter, a reviewing court shall defer to 
a regulation, guidance, opinion, ruling, standard, 
order, adjudicative decision, or other interpretation 
issued by the agency that increases or otherwise 
strengthens a protection afforded under this chapter 
to an individual performing any labor, with respect 
to the manufacture or furnishing of materials, sup-
plies, articles, or equipment under a contract to 
which this chapter applies, who is an employee of 
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387 
the contractor of such contract, unless such regula-
tion, guidance, opinion, ruling, standard, order, ad-
judicative decision, or other interpretation is plainly 
erroneous or inconsistent with this chapter.’’. 
(2) TABLE OF SECTIONS.—The table of sections 
for chapter 65 of title 41, United States Code, is 
amended by adding at the end the following: 
Sec. 6512. General standards for applying and interpreting workers’ rights. 
(i) FAMILY AND MEDICAL LEAVE ACT OF 1993.— 
(1) IN GENERAL.—Title I of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 110. GENERAL STANDARDS FOR APPLYING AND IN-
TERPRETING WORKERS’ RIGHTS. 
‘‘(a) INTERPRETATION OF PROTECTIONS AND EX-
EMPTIONS.— 
‘‘(1) PROTECTIONS.—All protections afforded 
eligible employees under this title, including as ap-
plied through the definitions under section 3, shall 
be interpreted expansively in favor of the eligible em-
ployee or individual claiming classification as an eli-
gible employee. 
‘‘(2) EXEMPTIONS AND EXCLUSIONS.— 
‘‘(A) IN
GENERAL.—All exemptions and 
exclusions under this title, including as applied 
through the definitions under section 3, shall be 
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388 
interpreted narrowly against the employer, or 
person alleged to be an employer, and limited in 
application to those persons or circumstances 
plainly and unmistakably within the language 
and spirit of the exemption or exclusion. 
‘‘(B) 
CLEAR
AND
CONVINCING
EVI-
DENCE.—Any person asserting the applicability 
of an exemption or exclusion under this title 
shall prove such applicability by clear and con-
vincing evidence. 
‘‘(b) NO-LESS-PROTECTION RULE.— 
‘‘(1) IN
GENERAL.—The Secretary shall not 
take any action to reduce a protection afforded an 
eligible employee under this title through any regula-
tion, guidance, opinion, ruling, standard, order, ad-
judicative decision, or other interpretation from the 
protection provided to the eligible employee through 
a prior regulation, guidance, opinion, ruling, stand-
ard, order, adjudicative decision, or other interpreta-
tion in effect on the day before the date of such ac-
tion, unless such reduction is explicitly and specifi-
cally mandated by an Act of Congress. 
‘‘(2) REQUEST FOR CONGRESSIONAL ACTION.— 
The Secretary may submit a proposal to Congress 
for a reduction described in paragraph (1), but shall 
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389 
not take any action described in such paragraph 
without an explicit and specific mandate by an Act 
of Congress. 
‘‘(3) STANDARD
OF
DEFERENCE.—Notwith-
standing chapter 7 of title 5, United States Code, in 
any action for judicial review of an agency action 
under such chapter, a reviewing court shall defer to 
a regulation, guidance, opinion, ruling, standard, 
order, adjudicative decision, or other interpretation 
issued by the agency that increases or otherwise 
strengthens a protection afforded to an eligible em-
ployee under this title unless such regulation, guid-
ance, opinion, ruling, standard, order, adjudicative 
decision, or other interpretation is plainly erroneous 
or inconsistent with this title.’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents in section 1(b) of the Family and Medical 
Leave Act of 1993 is amended by inserting after the 
item relating to section 109 the following: 
‘‘Sec. 110. General standards for applying and interpreting workers’ rights.’’. 
(j) FEDERAL UNEMPLOYMENT TAX ACT (FUTA).— 
(1) IN GENERAL.—Section 3306(w) of the In-
ternal Revenue Code of 1986, as amended by section 
206(j), is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(8) Section 20 of such Act.’’. 
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390 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to services rendered on 
or after January 1, 2022. 
SEC. 402. STATUTES OF LIMITATION. 
(a) FLSA; WALSH-HEALEY PUBLIC CONTRACTS 
ACT; DAVIS-BACON ACT.—Section 6 of the Portal-to-Por-
tal Act of 1947 (29 U.S.C. 255) is amended— 
(1) in the matter preceding subsection (a), by 
striking ‘‘for unpaid minimum wages, unpaid over-
time compensation, or liquidated damages,’’; and 
(2) in subsection (a)— 
(A) by striking ‘‘two years’’ each place it 
appears and inserting ‘‘4 years’’; 
(B) by inserting ‘‘or repeated’’ after ‘‘will-
ful’’; and 
(C) by striking ‘‘three years’’ and inserting 
‘‘6 years’’. 
(b) NATIONAL LABOR RELATIONS ACT.—Section 
10(b) of the National Labor Relations Act (29 U.S.C. 
160(b)) is amended— 
(1) by striking ‘‘six months prior to the filing 
of the charge with the Board’’ and inserting ‘‘4 
years prior to the filing of the charge with the 
Board, or 6 years prior to such filing in the case of 
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391 
an alleged willful or repeated unfair labor practice,’’; 
and 
(2) by striking ‘‘six-month period’’ and insert-
ing ‘‘4-year period, or 6-year period, as applicable,’’. 
(c) OCCUPATIONAL SAFETY AND HEALTH ACT OF 
1970.—Section 9(c) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 658(c)) is amended by 
striking ‘‘expiration of six months following the occurrence 
of any violation’’ and inserting ‘‘expiration of— 
‘‘(1) except as provided in paragraph (2), 4 
years following the occurrence of any violation de-
scribed in subsection (a); or 
‘‘(2) in the case of a violation described in sub-
section (a) that is willful or repeated, 6 years fol-
lowing the occurrence of the violation.’’. 
(d) FAMILY AND MEDICAL LEAVE ACT OF 1993.— 
Section 107(c) of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2617(c)) is amended— 
(1) in paragraph (1), by striking ‘‘2 years’’ and 
inserting ‘‘4 years’’; and 
(2) in paragraph (2), by striking ‘‘3 years’’ and 
inserting ‘‘6 years’’. 
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392 
TITLE V—GENERAL PROVISIONS 
SEC. 501. SEVERABILITY. 
If any provision of this Act or the application of such 
provision to any person, entity, government, or cir-
cumstance, is held to be unconstitutional, the remainder 
of this Act, or the application of such provision to all other 
persons, entities, governments, or circumstances, shall not 
be affected thereby. 
Æ 
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