341 
plan each year shall be subject to a civil penalty of 
$50,000 for each month of noncompliance.’’. 
(b) NATIONAL LABOR RELATIONS ACT.— 
(1) SUPPLY
CHAIN
RESPONSIBILITY
PLAN.— 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158), as amended by section 102(b)(5), is 
further amended by adding at the end the following: 
‘‘(i) SUPPLY CHAIN RESPONSIBILITY PLAN.—It shall 
be an unfair labor practice for an employer who is a cov-
ered employer, as defined in section 11(e)(1) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 211(e)(1)), to 
fail to annually— 
‘‘(1) submit, as part of the covered employer’s 
supply chain responsibility plan under section 11(e) 
of such Act, the information required under such 
Act that relates to this Act; and 
‘‘(2) include such information in the plan post-
ed publicly on the covered employer’s website.’’. 
(2) PENALTIES.—Section 12 of the National 
Labor Relations Act (29 U.S.C. 162), as amended 
by section 102(b)(7)(B), is further amended by in-
serting after subsection (c) the following: 
‘‘(d) CIVIL PENALTY FOR FAILURE TO SUBMIT A 
COMPLETE SUPPLY CHAIN RESPONSIBILITY PLAN.—Any 
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person who violates section 8(i) shall be subject to a civil 
penalty of $50,000 for each month of noncompliance.’’. 
(c) OCCUPATIONAL SAFETY AND HEALTH ACT OF 
1970.— 
(1) SUPPLY
CHAIN
RESPONSIBILITY
PLAN.— 
Section 5 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 654) is amended by adding at 
the end the following: 
‘‘(c) SUPPLY CHAIN RESPONSIBILITY PLAN.—An 
employer who is a covered employer, as defined in section 
11(e)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(e)(1)), shall annually— 
‘‘(1) submit, as part of the employer’s supply 
chain responsibility plan under section 11(e) of such 
Act, the information required under such section 
that relates to this Act; and 
‘‘(2) include such information in the plan post-
ed publicly on the employer’s website.’’. 
(2) PENALTIES.—Section 17 of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
666), as amended by section 205(c)(2), is further 
amended by inserting after subsection (k) the fol-
lowing: 
‘‘(l) PENALTIES FOR VIOLATIONS REGARDING SUP-
PLY CHAIN RESPONSIBILITY PLANS.—Any person who 
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violates section 5(c) shall be subject to a civil penalty of 
$50,000 for each month of noncompliance.’’. 
(d) FEDERAL MINE SAFETY AND HEALTH ACT OF 
1977.— 
(1) SUPPLY
CHAIN
RESPONSIBILITY
PLAN.— 
Section 109 of the Federal Mine Safety and Health 
Act of 1977 (30 U.S.C. 819) is amended— 
(A) in the section heading, by inserting ‘‘; 
SUPPLY CHAIN RESPONSIBILITY PLANS’’ after 
‘‘DECISIONS’’; and 
(B) by adding at the end the following: 
‘‘(e) SUPPLY CHAIN RESPONSIBILITY PLANS.—Each 
operator that is a covered employer, as defined in section 
11(e)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(e)(1)), shall annually— 
‘‘(1) submit, as part of the operator’s supply 
chain responsibility plan under section 11(e) of such 
Act, the information required under such section 
that relates to this Act; and 
‘‘(2) include such information in the plan post-
ed publicly on the operator’s website.’’. 
(2) PENALTIES.—Section 110 of the Federal 
Mine Safety and Health Act of 1977 (30 U.S.C. 
820), as amended by section 102(d)(6)(B), is fur-
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ther amended by inserting after subsection (j) the 
following: 
‘‘(k) CIVIL PENALTY FOR FAILURE TO SUBMIT A 
SUPPLY CHAIN RESPONSIBILITY PLAN.—Any operator 
who violates section 109(e) shall be subject to a civil pen-
alty of $50,000 for each month of noncompliance.’’. 
(e) MIGRANT AND SEASONAL AGRICULTURAL WORK-
ER PROTECTION ACT.— 
(1) SUPPLY
CHAIN
RESPONSIBILITY
PLAN.— 
Title IV of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1841 et seq.), as 
amended by section 102(e)(3)), is further amended 
by adding at the end the following: 
‘‘SEC. 406. SUPPLY CHAIN RESPONSIBILITY PLAN. 
‘‘(a) DEFINITION OF RESPONSIBLE ENTITY.—In this 
section, the term ‘responsible entity’ means a farm labor 
contractor, agricultural employer, or agricultural associa-
tion, that is a covered employer, as defined in section 
11(e)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(e)(1)). 
‘‘(b) SUPPLY CHAIN RESPONSIBILITY PLANS.—Each 
responsible entity shall annually— 
‘‘(1) submit, as part of the responsible entity’s 
supply chain responsibility plan under section 11(e) 
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345 
of such Act, the information required under such 
section that relates to this Act; and 
‘‘(2) include such information in the plan post-
ed publicly on the responsible entity’s website.’’. 
(2) PENALTIES.—Section 503(a) of the Migrant 
and Seasonal Agricultural Worker Protection Act 
(29 U.S.C. 1853(a)), as amended by section 
102(e)(6)(B), is further amended by adding at the 
end the following: 
‘‘(5) PENALTIES FOR VIOLATIONS REGARDING 
SUPPLY CHAIN RESPONSIBILITY PLANS.—Any per-
son who violates section 406(b) shall be subject to 
a civil penalty of $50,000 for each month of non-
compliance.’’. 
(f) DAVIS-BACON ACT.— 
(1) SUPPLY
CHAIN
RESPONSIBILITY
PLAN.— 
Subchapter IV of chapter 31 of title 40, United 
States Code, as amended by this Act, is further 
amended by inserting after section 3143 the fol-
lowing: 
‘‘§ 3143a. Supply chain responsibility plan 
‘‘(a) COVERED CONTRACTOR.—In this section, the 
term ‘covered contractor’ means a contractor or subcon-
tractor— 
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‘‘(1) for a contract subject to the requirements 
of this subchapter; and 
‘‘(2) that is a covered employer, as defined in 
section 11(e)(1) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(e)(1)). 
‘‘(b) IN GENERAL.—Each covered contractor shall 
annually— 
‘‘(1) submit, as part of the covered contractor’s 
supply chain responsibility plan under section 11(e) 
of such Act, the information required under such 
section that relates to this subchapter; and 
‘‘(2) include such information in the plan post-
ed publicly on the covered contractor’s website.’’. 
(2) PENALTIES.—Section 3144c of title 40, 
United States Code, as amended by section 
204(f)(2), is further amended by inserting after sub-
section (b) the following: 
‘‘(c) PENALTIES FOR VIOLATIONS REGARDING SUP-
PLY CHAIN RESPONSIBILITY PLANS.—Any person who 
violates section 3143a of this title shall be subject to a 
civil penalty of $50,000 for each month of noncompli-
ance.’’. 
(g) MCNAMARA-O’HARA SERVICE CONTRACT ACT.— 
Chapter 67 of title 41, United States Code, as amended 
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by section 202(b)(7)(A), is further amended by inserting 
after section 6704 the following: 
‘‘§ 6705. Supply chain responsibility plan 
‘‘(a) COVERED CONTRACTOR.—In this section, the 
term ‘covered contractor’ means a contractor or subcon-
tractor— 
‘‘(1) for a contract subject to the requirements 
of this chapter; and 
‘‘(2) that is a covered employer, as defined in 
section 11(e)(1) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(e)(1)). 
‘‘(b) IN GENERAL.—Each covered contractor shall 
annually— 
‘‘(1) submit, as part of the covered contractor’s 
supply chain responsibility plan under section 11(e) 
of such Act, the information required under such 
section that relates to this chapter; and 
‘‘(2) include such information in the plan post-
ed publicly on the covered contractor’s website. 
‘‘(c) PENALTIES FOR VIOLATIONS REGARDING SUP-
PLY CHAIN RESPONSIBILITY PLANS.—Any person who 
violates subsection (b) of this section shall be subject to 
a civil penalty of $50,000 for each month of noncompli-
ance.’’. 
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348 
(h) WALSH-HEALEY PUBLIC CONTRACTS ACT OF 
1936.— 
(1) SUPPLY
CHAIN
RESPONSIBILITY
PLAN.— 
Chapter 65 of title 41, United States Code, is fur-
ther amended by inserting after section 6502 the fol-
lowing: 
‘‘§ 6502a. Supply chain responsibility plan 
‘‘(a) COVERED CONTRACTOR.—In this section, the 
term ‘covered contractor’ means a contractor or subcon-
tractor— 
‘‘(1) for a contract subject to the requirements 
of this chapter; and 
‘‘(2) that is a covered employer, as defined in 
section 11(e)(1) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 211(e)(1)). 
‘‘(b) IN GENERAL.—Each covered contractor shall 
annually— 
‘‘(1) submit, as part of the covered contractor’s 
supply chain responsibility plan under section 11(e) 
of such Act, the information required under such 
section that relates to this chapter; and 
‘‘(2) include such information in the plan post-
ed publicly on the covered contractor’s website.’’. 
(2) PENALTIES.—Section 6506a of title 41, 
United States Code, as amended by section 
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202(c)(8), is further amended by inserting after sub-
section (b) the following: 
‘‘(c) PENALTIES FOR VIOLATIONS REGARDING SUP-
PLY CHAIN RESPONSIBILITY PLANS.—Any person who 
violates section 6502a shall be subject to a civil penalty 
of $50,000 for each month of noncompliance.’’. 
(i) FAMILY AND MEDICAL LEAVE ACT OF 1993.— 
Section 109 of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2619) is amended— 
(1) in the section heading, by inserting ‘‘; SUP-
PLY CHAIN RESPONSIBILITY PLAN’’ after ‘‘NO-
TICE’’; 
(2) by striking ‘‘IN GENERAL.—Each’’ and in-
serting the following: ‘‘NOTICE.— 
‘‘(1) IN GENERAL.—Each’’; 
(3) by redesignating subsection (b) as para-
graph (2) of subsection (a), and aligning the mar-
gins of such paragraph with the margins of para-
graph (1); 
(4) in paragraph (2) (as so redesignated), by 
striking ‘‘this section’’ and inserting ‘‘this sub-
section’’; and 
(5) by adding at the end the following: 
‘‘(b) SUPPLY CHAIN RESPONSIBILITY PLAN.— 
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350 
‘‘(1) IN GENERAL.—Each employer that is a 
covered employer, as defined in section 11(e)(1) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
211(e)(1)), shall annually— 
‘‘(A) submit, as part of the employer’s sup-
ply chain responsibility plan under section 11(e) 
of such Act, the information required under 
such section that relates to this Act; and 
‘‘(B) include such information in the plan 
posted publicly on the employer’s website. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be subject to a civil penalty of 
$50,000 for each month of noncompliance.’’. 
(j) FEDERAL UNEMPLOYMENT TAX ACT (FUTA).— 
(1) STATE LAW REQUIREMENT.—Section 3304 
of the Internal Revenue Code of 1986 (relating to 
approval of State unemployment compensation laws) 
is amended— 
(A) in subsection (a)— 
(i) in paragraph (18), by striking 
‘‘and’’ at the end; 
(ii) by redesignating paragraph (19) 
as paragraph (20); 
(iii) by inserting after paragraph (18) 
the following new paragraph: 
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351 
‘‘(19) each employer that is a covered employer, 
as defined in section 11(e)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(e)(1)) is re-
quired to comply with subsection (h); and’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(h) SUPPLY CHAIN RESPONSIBILITY PLANS.—Each 
employer that is a covered employer, as defined in section 
11(e)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(e)(1)), shall annually— 
‘‘(1) submit, as part of the employer’s supply 
chain responsibility plan under section 11(e) of such 
Act, the information required under such section 
that relates to this Act; and 
‘‘(2) include such information in the plan post-
ed publicly on the operator’s website.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply to weeks of unemploy-
ment beginning on or after the earlier of— 
(A) the date the State changes its statutes, 
regulations, or policies in order to comply with 
such amendments; or 
(B) January 1, 2022. 
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352 
SEC. 208. CONFORMING AMENDMENTS. 
(a) DAVIS-BACON ACT.—The table of sections of sub-
chapter IV of chapter 31 of title 40, United States Code, 
as amended by section 102(f)(7), is further amended— 
(1) by inserting after the item relating to sec-
tion 3413 the following: 
‘‘Sec. 3143a. Supply chain responsibility plan.’’; 
and 
(2) by inserting after the item relating to sec-
tion 3144a the following: 
‘‘Sec. 3144b. Applicability to multiple employers and related entities.’’. 
(b) MCNAMARA-O’HARA SERVICE CONTRACT ACT.— 
Chapter 67 of title 41, United States Code, is amended— 
(1) in the table of sections— 
(A) by redesignating the items relating to 
sections 6705, 6706, and 6707 as the items re-
lating to sections 6706, 6708, and 6709, re-
spectively; 
(B) by inserting after the item relating to 
section 6701 the following: 
‘‘Sec. 6701a. Applicability to multiple employers and related entities.’’; 
(C) by inserting after the item relating to 
section 6704 the following: 
‘‘Sec. 6705. Supply chain responsibility plan.’’; 
and 
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354 
TITLE 
III—PUBLIC 
TRANS-
PARENCY 
ON 
WORKERS’ 
RIGHTS VIOLATIONS 
SEC. 301. CONSUMER RIGHT TO KNOW ABOUT COMPLIANCE 
WITH WORKERS’ RIGHTS. 
(a) IN GENERAL.—The Fair Labor Standards Act of 
1938 (29 U.S.C. 201 et seq.) is amended by inserting 
after section 18C (29 U.S.C. 218c) the following: 
‘‘SEC. 18D. COMPLIANCE RATINGS. 
‘‘(a) REQUIREMENT FOR POSTING NOTICE.—An em-
ployer shall post a notice, provided each calendar year by 
the Secretary under subsection (b), of the compliance of 
the employer with the covered labor laws during the 3 cal-
endar years preceding the calendar year for which the no-
tice applies (referred to in this section as the ‘applicable 
3-year period’). Such notice shall be posted— 
‘‘(1) in each location of the employer— 
‘‘(A) in a window that is located not less 
than 5 feet from the main entry way of such lo-
cation; or 
‘‘(B) if such a location does not have a 
window located within 5 feet of the main entry 
way, otherwise within 5 feet of the main entry 
way; 
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‘‘(2) on the official website of the employer, if 
the employer has such a website; and 
‘‘(3) until the notice is replaced by a revised no-
tice under this section or a notice for a subsequent 
calendar year. 
‘‘(b) RATING PROCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish— 
‘‘(A) in accordance with paragraph (2), a 
process for annually— 
‘‘(i) reviewing the compliance of each 
employer with the covered labor laws dur-
ing the applicable 3-year period; and 
‘‘(ii) providing a rating to each em-
ployer indicating the level of such compli-
ance; and 
‘‘(B) a notice for each employer to post in 
accordance with subsection (a), which shall— 
‘‘(i) be easy for the public to under-
stand; 
‘‘(ii) indicate the rating under this 
subsection of the employer for the calendar 
year; and 
‘‘(iii) otherwise be consistent across 
all employers. 
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356 
‘‘(2) RATING.— 
‘‘(A) IN
GENERAL.—The notice required 
under subsection (a) shall provide a rating of 
the employer’s compliance with the covered 
labor laws during the applicable 3-year period 
in the form of one of 4 ratings described in sub-
paragraph (B), including— 
‘‘(i) a concise summary, in English, of 
the compliance of the employer with the 
covered labor laws during the applicable 3- 
year period; 
‘‘(ii) an emoji face or cartoon face 
that reflects such summary; and 
‘‘(iii) a color that reflects such sum-
mary. 
‘‘(B) REGULATIONS.—The Secretary shall 
prescribe through regulations the number, de-
gree, and extent of violations of the covered 
labor laws by an employer during the applicable 
3-year period that would qualify for each of the 
following 4 ratings: 
‘‘(i) A rating of ‘Excellent’— 
‘‘(I) meaning the employer has 
had no or few violations of the covered 
labor laws during such period; and 
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‘‘(II) which shall be paired with a 
very open-mouthed smiling face and a 
deep-green background color. 
‘‘(ii) A rating of ‘Good’— 
‘‘(I) meaning the employer has 
had some violations of the covered 
labor laws during such period, but no 
major or extensive violations; and 
‘‘(II) which shall be paired with a 
wide-smiling face and a light-green 
background color. 
‘‘(iii) A rating of ‘Okay’— 
‘‘(I) meaning the employer has 
had, during such period— 
‘‘(aa) multiple violations of 
the covered labor laws; or 
‘‘(bb) very few major or ex-
tensive violations of the covered 
labor laws; and 
‘‘(II) which shall be paired with a 
flat-mouthed and unenthusiastic face 
and a yellow background color. 
‘‘(iv) A rating of ‘Needs Improve-
ment’— 
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358 
‘‘(I) meaning the employer has 
had, during such period— 
‘‘(aa) several violations of 
the covered labor laws; 
‘‘(bb) more than a few 
major or extensive violations of 
the covered labor laws; or 
‘‘(cc) willful or repeated vio-
lations of the covered labor laws 
(as defined by the Secretary with 
respect to the covered labor 
laws); and 
‘‘(II) which shall be paired with a 
frowning sad face and a gray back-
ground color. 
‘‘(3) REVIEW PROCESS.—For each review under 
this section of the compliance of an employer with 
the covered labor laws, including any additional re-
view under subsection (c) or (d), the Secretary shall 
review— 
‘‘(A) any information the employer pro-
vides to the Secretary with respect to the com-
pliance of the employer with the covered labor 
laws for the applicable 3-year period; 
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359 
‘‘(B) any information provided by any 
other individual or organization with respect to 
such compliance; and 
‘‘(C) any other information the Secretary 
determines appropriate for the review. 
‘‘(c) ADDITIONAL REVIEW UPON CLAIM OF INACCU-
RACY.— 
‘‘(1) REQUEST.—If an employer claims that the 
rating provided for the employer under this section 
is inaccurate, the employer may, not later than 10 
days after receiving the notice under this section, re-
quest an additional review by the Secretary of the 
employer’s compliance with the covered labor laws 
during the applicable 3-year period and a revised 
rating and notice. 
‘‘(2) DETERMINATION.— 
‘‘(A) IN
GENERAL.—For each request 
made under paragraph (1), the Secretary shall 
conduct an additional review described in such 
paragraph and make a determination of wheth-
er to provide a revised rating and notice. 
‘‘(B) REVISED RATING GRANTED.—If the 
Secretary determines that an alteration of the 
rating is warranted, the Secretary may provide 
the employer a revised rating and notice under 
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360 
this section. The employer shall, in accordance 
with subsection (a), post any such revised no-
tice not later than 5 days after receiving such 
revised notice. 
‘‘(C) REVISED
RATING
DENIED.—If the 
Secretary determines that no alteration of the 
rating is warranted— 
‘‘(i) the Secretary shall notify the em-
ployer of such determination; and 
‘‘(ii) the employer shall, in accordance 
with subsection (a), post the notice for 
which such review was conducted not later 
than 5 days after receiving the notification 
described in clause (i). 
‘‘(D) POSTING
OF
NOTICE
DURING
RE-
VIEW.—If an employer claims that a rating 
under this section for a calendar year is inac-
curate and submits a request under paragraph 
(1) for an additional review of such rating, the 
employer may refrain from posting the notice 
under this section for such calendar year during 
the period of such additional review. If an em-
ployer so refrains from posting such notice, the 
employer shall keep the notice the employer re-
ceived under this section for the previous cal-
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361 
endar year (if the employer received such a no-
tice) posted in accordance with subsection (a) 
during the period of such additional review. 
‘‘(E) LIMITATION.—An employer may not 
request an additional review of a rating for a 
calendar year under this subsection if the em-
ployer has previously requested such an addi-
tional review for the rating for such calendar 
year. 
‘‘(d) ADDITIONAL REVIEW UPON REMEDY OF VIOLA-
TIONS.— 
‘‘(1) REQUEST.—If, after receiving a notice 
under this section for a calendar year, an employer 
claims that the employer has, not later than the end 
of such calendar year, fully remedied a violation that 
affected the rating of the employer under this sec-
tion for that year and has reformed the practices of 
the employer to ensure future compliance with the 
covered labor laws, the employer may request an ad-
ditional review of the employer’s compliance with the 
covered labor laws, during the period beginning on 
the first day of the applicable 3-year period and end-
ing on the date on which the employer submits the 
request, and a revised rating and notice under this 
section for the year. 
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‘‘(2) DETERMINATION.— 
‘‘(A) IN
GENERAL.—For each request 
made under paragraph (1), the Secretary shall 
conduct a review described in such paragraph 
and make a determination as to whether to pro-
vide a revised rating and notice. 
‘‘(B) REVISED RATING GRANTED.—If the 
Secretary determines that the employer has, 
during the period beginning on the first day of 
the applicable 3-year period and ending on the 
date on which the employer submits the request 
under paragraph (1), fully remedied the viola-
tion with respect to which the employer sub-
mitted the request and has reformed its prac-
tices to ensure future compliance with the cov-
ered labor laws— 
‘‘(i) the Secretary may provide the 
employer with a revised rating and notice 
under this section; and 
‘‘(ii) if the Secretary provides a re-
vised rating and notice under clause (i), 
the employer shall, in accordance with sub-
section (a), post such revised notice not 
later than 5 days after receiving such re-
vised notice. 
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363 
‘‘(C) REVISED
RATING
DENIED.—If the 
Secretary decides not to grant a revised rating 
and notice under this subsection, the Secretary 
shall notify the employer of such decision. 
‘‘(D) POSTING
OF
NOTICE
DURING
RE-
VIEW.—An employer shall keep the notice for 
which a review under this subsection applies 
posted in accordance with subsection (a) until 
the Secretary, if applicable, provides a revised 
rating and notice under subparagraph (B)(i). 
‘‘(e) FINAL REVIEW.—Except for the reviews de-
scribed in subsections (c) and (d), there shall be no other 
reviews, including judicial review, of the determinations of 
the Secretary regarding the rating of an employer under 
this section. 
‘‘(f) POSTING IN LOCAL NEWSPAPER.—If an em-
ployer violates a provision of this section for more than 
one month, the employer shall, in addition to the penalties 
under section 16(e)(11), publish the notice provided under 
this section in the most prominent local newspaper, as de-
termined by the Secretary. 
‘‘(g) PUBLIC WEBSITE.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and maintain a public website that includes— 
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364 
‘‘(A) the most recent rating, and all pre-
vious ratings, under this section for each em-
ployer, which shall be accessible through a sim-
ple search feature— 
‘‘(i) by employer name, city, or zip 
code; and 
‘‘(ii) by location on a digital map; and 
‘‘(B) an accounting of every violation by 
each employer during the 3-year period of the 
most recent rating under this section. 
‘‘(2) RANKINGS.—The Secretary may use the 
website under this subsection to provide rankings of 
employers, including by comparing employers to 
other employers in the same industry. 
‘‘(h) DEFINITION OF COVERED LABOR LAWS.—For 
purposes of this section, the term ‘covered labor laws’ 
means, to the extent applicable to the employer, each of 
the following: 
‘‘(1) This Act. 
‘‘(2) The Occupational Safety and Health Act 
of 1970 (29 U.S.C. 651 et seq.). 
‘‘(3) The Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 801 et seq.). 
‘‘(4) The Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C. 1801 et seq.). 
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‘‘(5) The National Labor Relations Act (29 
U.S.C. 151 et seq.). 
‘‘(6) Subchapter IV of chapter 31 of title 40, 
United States Code (commonly known as the ‘Davis- 
Bacon Act’). 
‘‘(7) Chapter 67 of title 41, United States Code 
(commonly known as the ‘McNamara-O’Hara Serv-
ice Contract Act’). 
‘‘(8) Section 503 of the Rehabilitation Act of 
1973 (29 U.S.C. 793). 
‘‘(9) The Family and Medical Leave Act of 
1993 (29 U.S.C. 2601 et seq.). 
‘‘(10) Title VII of the Civil Rights Act of 1964 
(42 U.S.C. 2000e et seq.). 
‘‘(11) The Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.). 
‘‘(12) The Age Discrimination in Employment 
Act of 1967 (29 U.S.C. 621 et seq.). 
‘‘(13) Title II of the Genetic Information Non-
discrimination Act of 2008 (42 U.S.C. 2000ff et 
seq.). 
‘‘(14) Any State law that the Secretary deter-
mines is equivalent to a law described in any of 
paragraphs (1) through (13).’’. 
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366 
(b) PENALTIES.—Section 16(e) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 216(e)), as amended 
by section 207(a)(2), is further amended by adding at the 
end the following: 
‘‘(11) PENALTIES FOR VIOLATIONS OF COMPLIANCE 
RATING PROVISIONS.—Any person who violates section 
18D shall be subject to a civil penalty of not more than 
$1,000 for each employee of the employer working at the 
location where the violation occurred and for each day of 
the violation.’’. 
TITLE 
IV—CREATING 
BROAD 
AND 
INCREASING 
WORKER 
PROTECTIONS 
SEC. 401. GENERAL STANDARDS FOR APPLYING AND IN-
TERPRETING WORKERS’ RIGHTS. 
(a) FAIR LABOR STANDARDS ACT OF 1938.—The 
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 20. GENERAL STANDARDS FOR APPLYING AND INTER-
PRETING WORKERS’ RIGHTS. 
‘‘(a) INTERPRETATION OF PROTECTIONS AND EX-
EMPTIONS.— 
‘‘(1) PROTECTIONS.—All protections afforded 
employees under this Act, including as applied 
through the definitions under section 3, shall be in-
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367 
terpreted expansively in favor of the employee or in-
dividual claiming classification as an employee. 
‘‘(2) EXEMPTIONS AND EXCLUSIONS.— 
‘‘(A) IN
GENERAL.—All exemptions and 
exclusions under this Act, including as applied 
through the definitions under section 3, shall be 
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 Act 
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 
employee under this Act through any regulation, 
guidance, opinion, ruling, standard, order, adjudica-
tive decision, or other interpretation from the protec-
tion provided to the employee through a prior regu-
lation, guidance, opinion, ruling, standard, order, ad-
judicative decision, or other interpretation in effect 
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368 
on the day before the date of such action, unless 
such reduction is explicitly and specifically 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 to an employee 
under this Act unless such regulation, guidance, 
opinion, ruling, standard, order, adjudicative deci-
sion, or other interpretation is plainly erroneous or 
inconsistent with this Act.’’. 
(b) NATIONAL LABOR RELATIONS ACT.—The Na-
tional Labor Relations Act (29 U.S.C. 151 et seq.) is 
amended by adding at the end the following: 
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369 
‘‘SEC. 20. GENERAL STANDARDS FOR APPLYING AND INTER-
PRETING WORKERS’ RIGHTS. 
‘‘(a) INTERPRETATION OF PROTECTIONS AND EX-
EMPTIONS.— 
‘‘(1) PROTECTIONS.—All protections afforded 
employees under this Act, including as applied 
through the definitions under section 2, shall be in-
terpreted expansively in favor of the employee or in-
dividual claiming classification as an employee. 
‘‘(2) EXEMPTIONS AND EXCLUSIONS.— 
‘‘(A) IN
GENERAL.—All exemptions and 
exclusions under this Act, including as applied 
through the definitions under section 2, shall be 
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 Act 
shall prove such applicability by clear and con-
vincing evidence. 
‘‘(b) NO-LESS-PROTECTION RULE.— 
‘‘(1) IN
GENERAL.—The Board, the General 
Counsel, and any regional director shall not take any 
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370 
action to reduce a protection afforded an employee 
under this Act through any regulation, guidance, 
opinion, ruling, standard, order, adjudicative deci-
sion, or other interpretation from the protection pro-
vided to the employee through a prior regulation, 
guidance, opinion, ruling, standard, order, adjudica-
tive decision, or other interpretation in effect on the 
day before the date of such action, unless such re-
duction is explicitly and specifically mandated by an 
Act of Congress. 
‘‘(2) REQUEST FOR CONGRESSIONAL ACTION.— 
The Board may submit a proposal to Congress for 
a reduction described in paragraph (1), but the 
Board, the General Counsel, or any regional director 
shall not take any action described in such para-
graph 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 employee 
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371 
under this Act unless such regulation, guidance, 
opinion, ruling, standard, order, adjudicative deci-
sion, or other interpretation is plainly erroneous or 
inconsistent with this Act.’’. 
(c) OCCUPATIONAL SAFETY AND HEALTH ACT OF 
1970.—The Occupational Safety and Health Act of 1970 
(29 U.S.C. 651 et seq.) is amended by inserting after sec-
tion 32 (29 U.S.C. 677) the following: 
‘‘SEC. 32A. GENERAL STANDARDS FOR APPLYING AND IN-
TERPRETING WORKERS’ RIGHTS. 
‘‘(a) INTERPRETATION OF PROTECTIONS AND EX-
EMPTIONS.— 
‘‘(1) PROTECTIONS.—All protections afforded 
employees under this Act, including as applied 
through the definitions under section 3, shall be in-
terpreted expansively in favor of the employee or in-
dividual claiming classification as an employee. 
‘‘(2) EXEMPTIONS AND EXCLUSIONS.— 
‘‘(A) IN
GENERAL.—All exemptions and 
exclusions under this Act, including as applied 
through the definitions under section 3, shall be 
interpreted narrowly against the employer, or 
person alleged to be an employer, and limited in 
application to those persons or circumstances 
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372 
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 Act 
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 
employee under this Act through any regulation, 
guidance, opinion, ruling, standard, order, adjudica-
tive decision, or other interpretation from the protec-
tion provided to the employee through a prior regu-
lation, guidance, opinion, ruling, standard, order, ad-
judicative decision, or other interpretation in effect 
on the day before the date of such action, unless 
such reduction is explicitly and specifically 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. 
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373 
‘‘(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 employee 
under this Act unless such regulation, guidance, 
opinion, ruling, standard, order, adjudicative deci-
sion, or other interpretation is plainly erroneous or 
inconsistent with this Act.’’. 
(d) FEDERAL MINE SAFETY AND HEALTH ACT OF 
1977.—Title I of the Federal Mine Safety and Health Act 
(30 U.S.C. 811 et seq.), as amended by section 202(b)(4), 
is further amended by adding at the end the following: 
‘‘SEC. 119. GENERAL STANDARDS FOR APPLYING AND IN-
TERPRETING WORKERS’ RIGHTS. 
‘‘(a) INTERPRETATION OF PROTECTIONS AND EX-
EMPTIONS.— 
‘‘(1) PROTECTIONS.—All protections afforded 
under this Act, including any mandatory health or 
safety standard, rule, order, or regulation promul-
gated pursuant to this Act, to employees performing 
labor in a coal or other mine shall be interpreted ex-
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374 
pansively in favor of the employee or individual 
claiming classification as an employee. 
‘‘(2) EXEMPTIONS AND EXCLUSIONS.— 
‘‘(A) IN
GENERAL.—All exemptions and 
exclusions under this Act, including any manda-
tory health or safety standard, rule, order, or 
regulation promulgated pursuant to this Act, 
shall be interpreted narrowly against an oper-
ator of a coal or other mine employing employ-
ees performing labor in the coal or other mine, 
or person alleged to be such an operator, and 
limited in application to those persons or cir-
cumstances plainly and unmistakably within the 
language and spirit of the exemption or exclu-
sion. 
‘‘(B) 
CLEAR
AND
CONVINCING
EVI-
DENCE.—Any person asserting the applicability 
of an exemption or exclusion under this Act, in-
cluding any mandatory health or safety stand-
ard, rule, order, or regulation promulgated pur-
suant to this Act, shall prove such applicability 
by clear and convincing evidence. 
‘‘(b) NO-LESS-PROTECTION RULE.— 
‘‘(1) IN
GENERAL.—The Secretary shall not 
take any action to reduce a protection afforded 
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375 
under this Act, including any mandatory health or 
safety standard, rule, order, or regulation promul-
gated pursuant to this Act, to an employee per-
forming labor in a coal or other mine through any 
regulation, guidance, opinion, ruling, standard, 
order, adjudicative decision, or other interpretation 
from the protection provided to the employee 
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 
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376 
strengthens a protection afforded to an employee 
performing labor in a coal or other mine under this 
Act, including any mandatory health or safety stand-
ard, rule, order, or regulation promulgated pursuant 
to this Act, unless such regulation, guidance, opin-
ion, ruling, standard, order, adjudicative decision, or 
other interpretation is plainly erroneous or incon-
sistent with this Act, including any mandatory 
health or safety standard, rule, order, or regulation 
promulgated pursuant to this Act.’’. 
(e) MIGRANT AND SEASONAL AGRICULTURAL WORK-
ER PROTECTION ACT.—Part B of title V of the Migrant 
and Seasonal Agricultural Worker Protection Act (29 
U.S.C. 1861 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 514. GENERAL STANDARDS FOR APPLYING AND IN-
TERPRETING WORKERS’ RIGHTS. 
‘‘(a) INTERPRETATION OF PROTECTIONS AND EX-
EMPTIONS.— 
‘‘(1) PROTECTIONS.—All protections afforded 
under this Act, including any regulation under this 
Act, to migrant agricultural workers or seasonal ag-
ricultural workers shall be interpreted expansively in 
favor of the worker or individual claiming classifica-
tion as such a worker. 
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377 
‘‘(2) EXEMPTIONS AND EXCLUSION.— 
‘‘(A) IN
GENERAL.—All exemptions and 
exclusions under this Act, including any regula-
tion under this Act, shall be interpreted nar-
rowly against an agricultural employer, agricul-
tural association, or farm labor contractor em-
ploying a migrant agricultural worker or sea-
sonal agricultural worker, or person alleged to 
be such an employer, association, or contractor, 
and limited in application to those persons or 
circumstances plainly and unmistakably within 
the language and spirit of the exemption or ex-
clusion. 
‘‘(B) 
CLEAR
AND
CONVINCING
EVI-
DENCE.—Any person asserting the applicability 
of an exemption or exclusion under this Act, in-
cluding a regulation under this Act, shall prove 
such applicability by clear and convincing evi-
dence. 
‘‘(b) NO-LESS-PROTECTION RULE.— 
‘‘(1) IN
GENERAL.—The Secretary shall not 
take any action to reduce a protection afforded 
under this Act, including a regulation under this 
Act, to a migrant agricultural worker or a seasonal 
agricultural worker through any regulation, guid-
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