I 
114TH CONGRESS 
1ST SESSION H. R. 3071 
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 occupations with evidence of unpredictable and 
unstable scheduling practices that negatively affect employees, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2015 
Ms. DELAURO (for herself, Mr. SCOTT of Virginia, Ms. ADAMS, Mr. BLU-
MENAUER, Ms. BONAMICI, Mr. BRADY of Pennsylvania, Mr. CART-
WRIGHT, Ms. JUDY CHU of California, Ms. CLARKE of New York, Mr. 
CONYERS, Mr. COURTNEY, Mr. CUMMINGS, Mr. DELANEY, Mr. 
DESAULNIER, Ms. EDWARDS, Mr. ELLISON, Ms. FUDGE, Mr. GRIJALVA, 
Mr. GUTIE´RREZ, Ms. HAHN, Mr. HONDA, Ms. JACKSON LEE, Mr. 
JEFFRIES, Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KENNEDY, Mr. 
LANGEVIN, Ms. LEE, Mr. LEWIS, Mrs. CAROLYN B. MALONEY of New 
York, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCGOVERN, Ms. MOORE, Mr. 
NADLER, Ms. NORTON, Mr. PASCRELL, Ms. PINGREE, Mr. POCAN, Mr. 
RANGEL, Mr. RUSH, Mr. RYAN of Ohio, Ms. LORETTA SANCHEZ of Cali-
fornia, Ms. SCHAKOWSKY, Mr. TAKANO, Mr. TONKO, Mr. VAN HOLLEN, 
Ms. WILSON of Florida, Mrs. WATSON COLEMAN, Ms. SLAUGHTER, Mr. 
BRENDAN F. BOYLE of Pennsylvania, Ms. CLARK of Massachusetts, Mr. 
DANNY
K. DAVIS
of Illinois, Mr. GENE
GREEN
of Texas, Mr. 
MCDERMOTT, Mrs. NAPOLITANO, Ms. PLASKETT, Ms. SPEIER, Mr. 
BECERRA, Mr. BEYER, Mrs. DAVIS of California, Mr. AL GREEN of 
Texas, Mr. HIGGINS, Mr. LARSEN of Washington, Mr. TED LIEU of Cali-
fornia, and Ms. ROYBAL-ALLARD) 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 Gov-
ernment Reform, and the Judiciary, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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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 occupations with evidence of unpredict-
able and unstable scheduling practices that negatively 
affect employees, and for other purposes. 
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. 
(2) Despite the dual responsibilities of today’s 
workforce, both hourly and salaried workers often 
have little ability to make changes to their work 
schedules when those changes are needed to accom-
modate family responsibilities. 
(3)(A) Low-wage working mothers are more 
likely to be raising children on their own than high-
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er-wage working mothers. For example, more than 
half of mothers in low-wage jobs who have very 
young children are single parents, compared to less 
than one-third of all working mothers who have very 
young children. 
(B) At the same time, low-wage workers have 
the least control over their work schedules and the 
most unpredictable schedules. For example— 
(i) roughly half of low-wage workers re-
ported very little or no control over the timing 
of the hours they were scheduled to work; 
(ii)(I) many workers in low-wage jobs re-
ceive their work schedules with very little ad-
vance notice; and 
(II) 41 percent of workers who are ages 26 
through 32 (referred to in this section as ‘‘early 
career workers’’) in hourly jobs report getting 
their work schedules a week or less in advance; 
(iii) some workers in low-wage jobs are 
sent home from work when work is slow with-
out being paid for their scheduled shift; 
(iv)(I) many employers have adopted ‘‘just- 
in-time’’ scheduling, which bases workers’ 
schedules on perceived consumer demand and 
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often results in workers being given very little 
advance notice of their work schedules; and 
(II) 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—have become 
common practice; and 
(v)(I) 20 to 30 percent of workers in low- 
wage jobs struggle with being required to work 
extra hours with little or no notice; and 
(II) in a typical month, for the 74 percent 
of early-career workers in hourly jobs who re-
port fluctuations in their work hours, those 
hours typically fluctuate by more than an 8- 
hour day of work and pay per week. 
(4) Unfair work scheduling practices make it 
difficult for low-wage workers to— 
(A) provide necessary care for children and 
other family members, including securing and 
maintaining stable child care; 
(B) access and receive needed care for the 
workers’ own serious health conditions; 
(C) pursue workforce training; 
(D) get or keep a second job, which many 
part-time workers need to make ends meet; 
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(E) plan for and access transportation to 
reach worksites; and 
(F) qualify for and maintain eligibility for 
needed public benefits and work supports, such 
as child care subsidies and benefits under the 
supplemental nutrition assistance program, due 
to fluctuations in income and work hours. 
(5) Twenty-six percent of workers on irregular 
or on-call schedules and 19 percent of workers on 
rotating or split shift schedules experience work-fam-
ily conflict, as compared to 11 percent of workers on 
regular work schedules. 
(6) Unpredictable and unstable schedules are 
common in a wide range of occupations, including 
food preparation and service, retail sales, and clean-
ing occupations. According to data from the Bureau 
of Labor Statistics for early-career adults, 64 per-
cent of food service workers, 50 percent of retail 
workers, and 40 percent of cleaning workers know 
their schedules only a week or less in advance. The 
average variation between the least and most hours 
worked in a single month is 70 percent for food 
service workers, 50 percent for retail workers, and 
40 percent for cleaning workers. 
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(7) Food service workers, retail workers, and 
cleaning workers are among the lowest-paid workers. 
The median pay for workers in those 3 occupations 
is between $9.20 and $10.57 per hour, and women 
make up more than half of the workers in those oc-
cupations. Workers in those occupations account for 
nearly 18 percent of workers in the economy, which 
is more than 24,000,000 workers. 
(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 worker 
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: 
(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 
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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 
(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 
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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 Innovation and Opportunity 
Act (29 U.S.C. 3101 et seq.), 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 cor-
responding Act. 
(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— 
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(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) 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). 
(6) 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-
ing commerce who employs 15 or more em-
ployees (described in paragraph (9)(A)); 
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(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 (9)(A)) of such em-
ployer; 
(iii) includes any successor in interest 
of such an employer; and 
(iv) includes an agency described in 
subparagraph (A)(iii) of section 101(4) of 
the Family and Medical Leave Act of 1993 
(29 U.S.C. 2611(4)), to which subpara-
graph (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 (9)(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 
of such employees who performed work for the 
person for compensation during the preceding 
calendar year. 
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(C) PERSON.—In this paragraph, 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). 
(7) DOMESTIC PARTNER.—The term ‘‘domestic 
partner’’ means the individual 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. 
(8) 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). 
(9) 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. 
(10) EMPLOYER.—The term ‘‘employer’’ means 
a person— 
(A) who is— 
(i) a covered employer, as defined in 
paragraph (6), 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. 
(11) FAMILY RELATIONSHIP.—The term ‘‘fam-
ily relationship’’ means a relationship with— 
(A) a child, spouse, domestic partner, par-
ent, grandchild, grandparent, sibling, or parent 
of a spouse or domestic partner; or 
(B) any individual related to the employee 
involved by blood or affinity, whose close asso-
ciation with the employee is the equivalent of a 
family relationship described in subparagraph 
(A). 
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(12) GRANDCHILD.—The term ‘‘grandchild’’ 
means the child of a child. 
(13) GRANDPARENT.—The term ‘‘grandparent’’ 
means the parent of a parent. 
(14) MINIMUM NUMBER OF EXPECTED WORK 
HOURS.—The term ‘‘minimum number of expected 
work hours’’ means the minimum number of hours 
an employee will be assigned to work on a weekly or 
monthly basis. 
(15) 
NONEXEMPT
EMPLOYEE.—The 
‘‘non-
exempt employee’’ means an employee who is not 
employed in a bona fide executive, administrative, or 
professional capacity, as defined for purposes of sec-
tion 13(a)(1) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(a)(1)). 
(16) 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. 
(17) 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. 
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(18) 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. 
(19) RETAIL, FOOD SERVICE, OR CLEANING EM-
PLOYEE.—The term ‘‘retail, food service, or cleaning 
employee’’ means an individual nonexempt employee 
who is employed in any of the following occupations, 
as described by the Bureau of Labor Statistics 
Standard Occupational Classification System (as in 
effect on the day before the date of enactment of 
this Act): 
(A) Retail sales occupations consisting of 
occupations described in 41–1010 and 41– 
2000, and all subdivisions thereof, of such Sys-
tem, which includes first-line supervisors of 
sales workers, cashiers, gaming change persons 
and booth cashiers, counter and rental clerks, 
parts salespersons, and retail salespersons. 
(B) Food preparation and serving related 
occupations as described in 35–0000, and all 
subdivisions thereof, of such System, which in-
cludes supervisors of food preparation and serv-
ing workers, cooks and food preparation work-
ers, food and beverage serving workers, and 
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other food preparation and serving related 
workers. 
(C) Building cleaning occupations as de-
scribed in 37–2011, 37–2012 and 37–2019 of 
such System, which includes janitors and clean-
ers, maids and housekeeping cleaners, and 
building cleaning workers. 
(20) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(21) 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). 
(22) SIBLING.—The term ‘‘sibling’’ means a 
brother or sister, whether related by half blood, 
whole blood, or adoption, or as a stepsibling. 
(23) SPLIT
SHIFT.—The term ‘‘split shift’’ 
means a schedule of daily hours in which the hours 
worked are not consecutive, except that— 
(A) a schedule in which the total time out 
for meals does not exceed one hour shall not be 
treated as a split shift; and 
(B) a schedule in which the break in the 
employee’s work shift is requested by the em-
ployee shall not be treated as a split shift. 
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(24) 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 
(ii) in the case of a marriage entered 
into outside of any State, a marriage that 
is recognized 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). 
(25) 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). 
(26) 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. 
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(27) 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. 
(28) WORK
SHIFT.—The term ‘‘work shift’’ 
means the specific hours of the workday during 
which an employee works. 
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 
(5) minimizing fluctuations in the number of 
hours the employee is scheduled to work on a daily, 
weekly, or monthly basis. 
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(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, including whether any such 
reason is a bona fide business reason. 
(3) INFORMATION.—If information provided by 
the employee making a request under this section re-
quires clarification, the employer shall explain what 
further information is needed and give the employee 
reasonable time to produce the information. 
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SEC. 4. REQUIREMENTS FOR REPORTING TIME PAY, SPLIT 
SHIFT PAY, AND ADVANCE NOTICE OF WORK 
SCHEDULES FOR RETAIL, FOOD SERVICE, 
CLEANING, OR SECRETARY’S DESIGNATED 
EMPLOYEES. 
(a) REPORTING TIME PAY REQUIREMENT.—An em-
ployer shall pay a retail, food service, or cleaning employee 
or a designated employee, in an additional occupation des-
ignated by the Secretary, under section 8(a)(2) as appro-
priate for coverage under this Act (referred to in this Act 
as ‘‘a retail, food service, cleaning, or Secretary’s des-
ignated employee’’)— 
(1) for at least 4 hours at the regular rate of 
pay of the employee involved for each day on which 
the retail, food service, cleaning, or Secretary’s des-
ignated employee reports for work, as required by 
the employer, but is given less than four hours of 
work, except that if the employee’s scheduled hours 
for a day are less than 4 hours, such employee shall 
be paid for the scheduled hours of the employee in-
volved for that day if given less than the scheduled 
hours of work; and 
(2) for at least 1 hour at the regular rate of 
pay of the employee involved for each day the retail, 
food service, cleaning, or Secretary’s designated em-
ployee is given specific instructions to contact the 
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employer of the employee involved, 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, cleaning, or Secretary’s 
designated employee for one additional hour at the em-
ployee’s regular rate of pay for each day during which the 
employee works a split shift. 
(c) ADVANCE NOTICE REQUIREMENT.— 
(1) INITIAL SCHEDULE.—On or before a new 
retail, food service, cleaning, or Secretary’s des-
ignated employee’s first day of work, the employer 
shall inform the employee in writing of the work 
schedule of the employee involved and the minimum 
number of expected work hours the employee will be 
assigned to work per month. 
(2) PROVIDING NOTICE OF NEW SCHEDULES.— 
Except as provided in paragraph (3), if a retail, food 
service, cleaning, or Secretary’s designated employ-
ee’s work schedule changes from the work schedule 
of which the employee was informed pursuant to 
paragraph (1), the employer shall provide the em-
ployee with the new work schedule of the employee 
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involved not less than 14 days before the first day 
of the new work schedule. If the expected minimum 
number of work hours that a retail, food service, 
cleaning, or Secretary’s designated employee will be 
assigned changes from the number of which the em-
ployee involved was informed pursuant to paragraph 
(1), the employer shall also provide notification 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 em-
ployer from providing greater advance notice of a re-
tail, food service, cleaning, or Secretary’s designated 
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, cleaning, or Secretary’s designated employees 
beyond those previously scheduled, but an employer 
shall be required to provide one extra hour of pay 
at the employee’s regular rate for each shift that is 
changed with less than 24 hours’ notice, except in 
the case of the need to schedule the employee due 
to the unforeseen unavailability of a retail, food serv-
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ice, cleaning, or Secretary’s designated 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 involved in writing. Nothing 
in this subsection shall be construed as prohibiting 
an employer from using any additional means of no-
tifying a retail, food service, cleaning, or Secretary’s 
designated employee of the work schedule of the em-
ployee involved. 
(5) SCHEDULE POSTING REQUIREMENT.—Every 
employer employing any retail, food service, clean-
ing, or Secretary’s designated employee, subject to 
this Act shall post the schedule and keep it posted 
in a conspicuous place in every establishment where 
such employee is employed so as to permit the em-
ployee involved to observe readily a copy. Availability 
of that schedule by electronic means accessible by all 
retail, food service, cleaning, or Secretary’s des-
ignated employees, of that employer shall be consid-
ered compliance 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, cleaning, 
or Secretary’s designated employee to work in place 
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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 em-
ployer shall not be subject to the requirements of 
paragraph (2) or (3) for such voluntary shift trades. 
(d) PAY STUB TRANSPARENCY.—Any pay provided 
to an employee pursuant to subsection (a), (b), or (c)(3) 
(referred to in this paragraph as ‘‘additional pay’’) shall 
be included in the employee’s regular paycheck. The em-
ployer shall identify, in the corresponding written wage 
statement or pay stub, the total number of hours of addi-
tional pay provided for the pay period involved and wheth-
er the additional pay was due to the requirements of sub-
section (a)(1), the requirements of subsection (a)(2), the 
requirements of subsection (b), or the requirements of 
subsection (c)(3). 
(e) EXCEPTION.—The requirements in subsections 
(a) through (d) shall not apply during periods when reg-
ular operations of the employer are suspended due to 
events beyond the employer’s control. 
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-
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ice, cleaning, or Secretary’s designated 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; 
(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 
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(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 
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). 
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(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 sub-
section (a), (b), or (c)(3) of section 4) or subsection 
(b) or (c) of section 5 (referred to in this section as 
a ‘‘covered provision’’) shall be liable to any em-
ployee 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 
monetary losses sustained by the employee 
as a direct result of the violation; 
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(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 
(including a public agency) in any Federal or State 
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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-
tempts to resolve complaints of violations of sections 
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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. 
(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.—An employer who willfully 
and repeatedly violates— 
(A) paragraph (1), (2), (4), or (5) of sec-
tion 4(c), or section 4(d), shall be subject to a 
civil penalty in an amount to be determined by 
the Secretary, but not to exceed $100 per viola-
tion; and 
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(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. 
(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 
(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). 
(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, 
such action may be brought within 3 years of the 
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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. 
(e) OTHER ADMINISTRATIVE OFFICERS.— 
(1) BOARD.—In the case of employees described 
in section 2(9)(C), the authority of the Secretary 
under this Act shall be exercised by the Board of Di-
rectors of the Office of Compliance. 
(2) PRESIDENT; MERIT SYSTEMS PROTECTION 
BOARD.—In the case of employees described in sec-
tion 2(9)(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(9)(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. 
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(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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Secretary to implement this Act, except to the extent 
that the Librarian may determine, for good cause 
shown and stated together with the regulations 
issued by the Librarian, that a modification of such 
substantive regulations would be more effective for 
the implementation of the rights and protections 
under this Act. 
(f) COMPTROLLER GENERAL.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Comp-
troller General shall issue such regulations as may 
be necessary to implement this Act with respect to 
employees of the Government Accountability Office. 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Comptroller General shall take into con-
sideration the enforcement and remedies provisions 
concerning the Comptroller General under title I of 
the Family and Medical Leave Act of 1993. 
(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 Comptroller General may determine, for 
good cause shown and stated together with the regu-
lations issued by the Comptroller General, that a 
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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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