I 
117TH CONGRESS 
2D SESSION 
H. R. 6699 
To extend protections to part-time workers in the areas of family and medical 
leave and pension plans, and to ensure equitable treatment in the workplace. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2022 
Ms. SCHAKOWSKY (for herself, Ms. DELAURO, Ms. PRESSLEY, Ms. PORTER, 
Ms. LEE of California, Mr. DOGGETT, Mr. GARCI´A of Illinois, Mr. 
TORRES of New York, Mrs. LAWRENCE, Ms. JAYAPAL, and Ms. NORTON) 
introduced the following bill; which was referred to the Committee on 
Education and Labor, and in addition to the Committees on House Ad-
ministration, Oversight and Reform, and Ways and Means, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To extend protections to part-time workers in the areas 
of family and medical leave and pension plans, and to 
ensure equitable treatment in the workplace. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Part-Time Worker Bill 
of Rights Act’’. 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. TABLE OF CONTENTS. 
The table of contents is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—EXPANDING ACCESS TO BENEFITS FOR PART-TIME 
WORKERS 
Sec. 101. Elimination of hours of service requirement for FMLA leave. 
Sec. 102. Improving coverage for long-term part-time workers. 
TITLE II—ENSURING FAIR TREATMENT FOR PART-TIME 
WORKERS 
Sec. 201. Definitions. 
Sec. 202. Elimination of discrimination on the basis of hours worked. 
Sec. 203. Offer of work to existing employees. 
Sec. 204. Prohibited acts. 
Sec. 205. Remedies and enforcement. 
Sec. 206. Regulations. 
TITLE I—EXPANDING ACCESS TO 
BENEFITS 
FOR 
PART-TIME 
WORKERS 
SEC. 101. ELIMINATION OF HOURS OF SERVICE REQUIRE-
MENT FOR FMLA LEAVE. 
(a) AMENDMENT.—Section 101(2)(A) of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(A)) 
is amended to read as follows: 
‘‘(A) IN GENERAL.—The term ‘eligible em-
ployee’ means an employee who has been em-
ployed for at least 12 months by the employer 
with respect to whom leave is requested under 
section 102.’’. 
(b) CONFORMING AMENDMENTS.— 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(1) Section 101(2) of such Act (29 U.S.C. 
2611(2)) is amended— 
(A) by striking subparagraphs (C) and 
(D); and 
(B) by redesignating subparagraph (E) as 
subparagraph (C). 
(2) Section 102(a) of such Act (29 U.S.C. 
2612(a)) is amended by striking paragraph (5). 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect beginning on the 
date that is 1 year after the date of enactment of this 
Act. 
SEC. 102. IMPROVING COVERAGE FOR LONG-TERM PART- 
TIME WORKERS. 
(a) IN GENERAL.—Section 202 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1052) 
is amended by adding at the end the following new sub-
section: 
‘‘(c) SPECIAL RULE FOR CERTAIN PART-TIME EM-
PLOYEES.— 
‘‘(1) IN
GENERAL.—A pension plan that in-
cludes either a qualified cash or deferred arrange-
ment (as defined in section 401(k) of the Internal 
Revenue Code of 1986) or a salary reduction agree-
ment (as described in section 403(b) of such Code) 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
shall not require, as a condition of participation in 
the arrangement or agreement, that an employee 
complete a period of service with the employer (or 
employers) maintaining the plan extending beyond 
the close of the earlier of— 
‘‘(A) the period permitted under subsection 
(a)(1) (determined without regard to subpara-
graph (B)(i) thereof) and section 410(a)(1) of 
such Code (determined without regard to sub-
paragraph (B)(i) thereof); or 
‘‘(B) the first 24-month period— 
‘‘(i) consisting of 2 consecutive 12- 
month periods during each of which the 
employee has at least 500 hours of service; 
and 
‘‘(ii) by the close of which the em-
ployee has attained the age of 21. 
‘‘(2) EXCEPTION.—Paragraph (1)(B) shall not 
apply to employees who are included in a unit of em-
ployees covered by an agreement which the Secretary 
finds to be a collective bargaining agreement be-
tween employee representatives and one or more em-
ployers, if there is evidence that retirement benefits 
were the subject of good faith bargaining between 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
such employee representatives and such employer or 
employers. 
‘‘(3) COORDINATION WITH OTHER RULES.—In 
the case of employees who are not highly com-
pensated employees (within the meaning of section 
414(q) of the Internal Revenue Code of 1986) and 
who are eligible to participate in the arrangement or 
agreement solely by reason of paragraph (1)(B): 
‘‘(A) EXCLUSIONS.—An employer may 
elect to exclude such employees from the deter-
mination of whether the plan that includes the 
arrangement or agreement satisfies the require-
ments of subsections (a)(4), (k)(3), (k)(12), 
(k)(13), (m)(2), (m)(11), and (m)(12) of sec-
tion 401 of such Code, section 410(b) of such 
Code, and section 416 of such Code. If the em-
ployer so excludes such employees with respect 
to the requirements of any such provision, such 
employees shall be excluded with respect to the 
requirements of all such provisions. This sub-
paragraph shall cease to apply to any employee 
as of the first plan year beginning after the 
plan year in which the employee completes 1 
year of service (without regard to paragraph 
(1)(B) of this subsection). 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
‘‘(B) TIME OF PARTICIPATION.—The rules 
of subsection (a)(4) and section 410(a)(4) of 
the Internal Revenue Code of 1986 shall apply 
to such employees. 
‘‘(4) 12-MONTH PERIOD.—For purposes of this 
subsection, 12-month periods shall be determined in 
the same manner as under the last sentence of sub-
section (a)(3)(A), except that 12-month periods be-
ginning before January 1, 2022, shall not be taken 
into account.’’. 
(b) VESTING.—Section 203(b) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1053(b)) is amended by redesignating paragraph (4) as 
paragraph (5) and by inserting after paragraph (3) the 
following new paragraph: 
‘‘(4) PART-TIME EMPLOYEES.—For purposes of de-
termining whether an employee who is eligible to partici-
pate in a qualified cash or deferred arrangement or a sal-
ary reduction agreement under a plan solely by reason of 
section 202(c)(1)(B) has a nonforfeitable right to em-
ployer contributions— 
‘‘(A) except as provided in subparagraph (B), 
each 12-month period for which the employee has at 
least 500 hours of service shall be treated as a year 
of service; and 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
‘‘(B) 12-month periods occurring before the 24- 
month period described in section 202(c)(1)(B) shall 
not be treated as years of service. 
For purposes of this paragraph, 12-month periods shall 
be determined in the same manner as under the last sen-
tence of section 202(a)(3)(A), except that 12-month peri-
ods beginning before January 1, 2022, shall not be taken 
into account.’’. 
(c) PENALTY.—Section 502 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1132) is 
amended by adding at the end the following new sub-
section: 
‘‘(n) REQUIREMENTS RELATING TO PART-TIME EM-
PLOYEES.—In the case of a plan that fails to permit par-
ticipation as required by section 202(c), the Secretary may 
assess a civil penalty against the plan sponsor in an 
amount equal to $10,000 per year per employee to whom 
such failure relates. The Secretary may, in the Secretary’s 
sole discretion, waive or reduce the penalty under this sub-
section if the Secretary determines that the plan sponsor 
acted reasonably and in good faith.’’. 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
TITLE 
II—ENSURING 
FAIR 
TREATMENT FOR PART-TIME 
WORKERS 
SEC. 201. DEFINITIONS. 
In this title: 
(1) EMPLOY.—The term ‘‘employ’’ has the 
meaning given the term in section 3(g) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(g)). 
(2) 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 covered under any of 
subparagraphs (B) through (G), except that a 
reference in such section to an employer shall 
be considered to be a reference to a person in 
commerce described in paragraph (3)(A); 
(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 
Act of 1995 (2 U.S.C. 1301), except that such 
term shall not include an applicant for employ-
ment; 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(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; or 
(F) an employee of the Government Ac-
countability Office. 
(3) EMPLOYER.—The term ‘‘employer’’— 
(A)(i) means any person in commerce 
that— 
(I) employs more than 15 employees 
described in paragraph (2)(A), which shall 
be calculated by including all employees de-
scribed in paragraph (2)(A) performing 
work for compensation on a full-time, part- 
time, or temporary basis, except that if the 
number of such employees who perform 
work for such a person for compensation 
fluctuates, 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 dur-
ing the preceding calendar year; or 
(II) is part of an integrated enter-
prise, chain of businesses, group of fran-
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
chises associated with a franchisor, or net-
work of franchises that, in the aggregate, 
employs more than 15 employees, cal-
culated in accordance with subclause (I); 
(ii) includes— 
(I) any person who acts, directly or 
indirectly, in the interest of such an em-
ployer to any of the employees (described 
in clause (i)) of such employer; and 
(II) any successor in interest of such 
an employer; and 
(iii) includes an agency described in sub-
paragraph (A)(iii) of section 101(4) of the 
Family and Medical Leave Act of 1993 (29 
U.S.C. 2611(4)), to which subparagraph (B) of 
such section shall apply; 
(B) is an entity employing a State em-
ployee described in section 304(a) of the Gov-
ernment Employee Rights Act of 1991 (42 
U.S.C. 2000e–16c(a)); 
(C) is an employing office, as defined in 
section 101 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301); 
(D) is an employing office, as defined in 
section 411(c) of title 3, United States Code; 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(E) is an employing agency covered under 
subchapter V of chapter 63 of title 5, United 
States Code; or 
(F) is the Comptroller General of the 
United States. 
(4) PERSON.—The term ‘‘person’’, except as 
used with the term ‘‘person in commerce’’, has the 
meaning given the term in section 3(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(a)). 
(5) PERSON IN COMMERCE.— 
(A) IN GENERAL.—The term ‘‘person in 
commerce’’ means any person who is engaged 
in commerce, in any industry or activity affect-
ing commerce, or in the production of goods for 
commerce. 
(B) COMMERCE.—In subparagraph (A), 
the term ‘‘commerce’’ includes government. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
SEC. 202. ELIMINATION OF DISCRIMINATION ON THE BASIS 
OF HOURS WORKED. 
(a) RULE.— 
(1) IN GENERAL.—An employer shall not dis-
criminate against an employee on the basis that 
such employee is scheduled to work fewer hours per 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
week, or is employed for a shorter expected duration, 
than another employee of the employer if the jobs of 
such employees require substantially equal skill, ef-
fort, responsibility, and duties and such jobs are per-
formed under similar working conditions. 
(2) EXAMPLES.—Discrimination described in 
paragraph (1) shall include differential treatment 
with respect to— 
(A) rate of compensation; 
(B) notice of, and input into, work hours; 
(C) eligibility to accrue, on a pro rata 
basis, employer-provided paid and unpaid time 
off and other benefits; 
(D) promotion opportunities; or 
(E) other terms, conditions, or privileges of 
employment. 
(b) DISTINCTIONS PERMITTED.—This section shall 
not be construed to prohibit differences in rate of com-
pensation, or other conditions, terms, or privileges of em-
ployment, of employees of an employer for reasons other 
than the number of hours the employees are scheduled to 
work per week, or the expected duration of employment 
of the employees, including for reasons such as— 
(1) the date on which the employees are hired; 
(2) a merit system; or 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(3) a system that measures earnings by quan-
tity per hour or quality of production. 
SEC. 203. OFFER OF WORK TO EXISTING EMPLOYEES. 
(a) WRITTEN STATEMENTS REQUIRED.— 
(1) IN GENERAL.—Upon hiring an employee, an 
employer shall— 
(A) obtain a written statement of the em-
ployee’s desired number of weekly work hours 
and the days and times the employee is avail-
able to work; 
(B) notify the employee that this written 
statement may be modified in writing at any 
time during employment; and 
(C) specify the process to modify the writ-
ten statement. 
(b) OFFER OF DESIRED WEEKLY WORK HOURS TO 
EXISTING EMPLOYEES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an employer shall schedule an employee 
of the employer to work the number of weekly hours 
identified by the employee as desired weekly hours in 
a written statement under subsection (a) prior to 
hiring any new employee from an external applicant 
pool, including hiring through the use of a tem-
porary services or staffing agency, or contracting 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
with a contractor or subcontractor, to work such 
hours. 
(2) EXCEPTIONS.—An employer may hire an 
individual as a new employee, or engage a contractor 
or subcontractor, to perform work for the employer 
if— 
(A) the employer needs to fill hours for 
which no employees of the employer who have 
provided written statements under subsection 
(a) are available based on such written state-
ments; 
(B) all employees of the employer who 
have provided written statements under sub-
section (a) lack, and cannot obtain with reason-
able training, the qualifications necessary to 
perform the work; or 
(C) scheduling any such employee to per-
form the work would require providing such em-
ployee overtime compensation at a rate not less 
than one and one half times the regular rate at 
which the employee is employed, in accordance 
with section 7 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 207) or any State law. 
(c) COMPENSATION REQUIRED.— 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(1) IN GENERAL.—Except as provided in para-
graph (2), an employee (referred to in this sub-
section as an ‘‘existing employee’’) who is not sched-
uled for the desired number of total weekly work 
hours identified by the employee in a written state-
ment under subsection (a) shall be compensated for 
each hour worked by a newly hired employee, con-
tractor, or subcontractor hired after the existing em-
ployee so identified such number of hours, during an 
hour that such existing employee identified in a writ-
ten statement under such subsection as an hour for 
which the employee is available to work. 
(2) EXCEPTION.—An employer shall not be re-
quired to compensate an existing employee under 
paragraph (1) for any hour of work for which— 
(A) the employee lacks, or cannot obtain 
with reasonable training, the qualifications nec-
essary to perform the work; 
(B) scheduling such employee to perform 
the work would require providing the employee 
overtime compensation as described in sub-
section (b)(2)(C); 
(C) the employer made a reasonable at-
tempt to contact the employee to work such 
hour and was unable to reach the employee; or 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(D) the employee was otherwise no longer 
available. 
(d) DEFINITION.—For purposes of this section, the 
terms ‘‘written’’, with respect to a statement, and ‘‘writ-
ing’’ mean a printed or printable communication in phys-
ical or electronic form. 
SEC. 204. 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 rights set forth 
under this title. 
(b) RETALIATION PROHIBITED.—It shall be unlawful 
for any employer to discharge, threaten to discharge, de-
mote, suspend, reduce work hours of, or otherwise dis-
criminate (including taking any other adverse employment 
action) against any person because of an employee of the 
employer exercising the rights of the employee under this 
title or opposing any practice made unlawful by this title. 
(c) INTERFERENCE WITH PROCEEDINGS OR INQUIR-
IES.—It shall be unlawful for any person to discharge or 
in any other manner discriminate against an individual be-
cause such individual— 
(1) has filed any charge, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this title; 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(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 title; or 
(3) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this title. 
SEC. 205. REMEDIES AND ENFORCEMENT. 
(a) INVESTIGATIVE AUTHORITY.— 
(1) IN GENERAL.—To ensure compliance with 
this title, including any regulation or order issued 
under this title, the Secretary shall have, subject to 
paragraph (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.— 
(A) IN
GENERAL.—Each employer shall 
maintain for a period of not less than 3 years, 
or for the duration of any claim (including the 
duration of a related civil action or investiga-
tion) pending pursuant to this title, whichever 
is longer, all records necessary to demonstrate 
compliance with this title, including compliance 
with the requirements of regulations issued by 
the Secretary under section 206. Such records 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
shall include documentation of offers of hours 
of work to employees and responses to such of-
fers. 
(B) COPIES.—Each employer shall, upon a 
reasonable request of an employee of the em-
ployer, provide the employee with a copy of the 
records described in subparagraph (A) relating 
to the employee. 
(3) REQUIRED SUBMISSIONS GENERALLY LIM-
ITED TO AN ANNUAL BASIS.—The Secretary shall 
not require, under the authority of this subsection, 
any employer to submit to the Secretary any books 
or records more than once during any 12-month pe-
riod, unless the Secretary has reasonable cause to 
believe there may exist a violation of this title, in-
cluding any regulation or order issued pursuant to 
this title, or is investigating a charge pursuant to 
subsection (c). 
(4) SUBPOENA POWERS.—For the purposes of 
any investigation provided for in this subsection, 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.— 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(A) IN GENERAL.—Any employer who vio-
lates section 202, 203, or 204 (each such provi-
sion referred to in this section as a ‘‘covered 
provision’’) shall be liable to any person af-
fected for— 
(i) damages equal to the amount of— 
(I) any wages, salary, employ-
ment benefits (as defined in section 
101 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2611)), or 
other compensation denied, lost, or 
owed to such employee by reason of 
the violation; or 
(II) in a case in which wages, 
salary, employment benefits (as so de-
fined), or other compensation have 
not been denied, lost, or owed to the 
employee, any actual monetary losses 
sustained by the employee as a direct 
result of the violation; 
(ii) interest on the amount described 
in clause (i) calculated at the prevailing 
rate; 
(iii) except as provided in subpara-
graph (B), an additional amount as liq-
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
uidated damages equal to the sum of the 
amount described in clause (i) and the in-
terest described in clause (ii); and 
(iv) such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(B) EXCEPTION
FOR
LIQUIDATED
DAM-
AGES.—If an employer who has violated a cov-
ered provision proves to the satisfaction of the 
court that the act or omission which violated 
the covered provision was in good faith and that 
the employer had reasonable grounds for believ-
ing that the act or omission was not a violation 
of a covered provision, such court may, in the 
discretion of the court, reduce the amount of li-
ability under subparagraph (A) to the amount, 
interest, and equitable relief determined under 
clauses (i), (ii), and (iv), respectively. 
(2) RIGHT OF ACTION.—An action to recover 
the damages, interest, or equitable relief set forth in 
paragraph (1) may be maintained against any em-
ployer (including a public agency) in any Federal or 
State court of competent jurisdiction by any one or 
more employees for and on behalf of— 
(A) such employees; or 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(B) such employees and any other employ-
ees 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)(4) 
in which a recovery is sought of the damages, inter-
est, or equitable relief described in paragraph (1)(A) 
owing to an employee by an employer liable under 
paragraph (1) unless the action 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 title in the same 
manner that the Secretary receives, investigates, and 
attempts to resolve complaints of violations of sec-
tions 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 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
penalty described in paragraph (3) (in accordance 
with paragraph (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. 
(3) CIVIL PENALTY.— 
(A) IN GENERAL.—An employer who will-
fully and repeatedly violates— 
(i) section 204(a) shall be subject to 
a civil penalty in an amount to be deter-
mined by the Secretary, but not to exceed 
$100 per violation (subject to subpara-
graph (B)); or 
(ii) subsection (b) or (c) of section 
204 shall be subject to a civil penalty in an 
amount to be determined by the Secretary, 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
but not to exceed $1,100 per violation 
(subject to subparagraph (B)). 
(B) INFLATION.—The Secretary shall, for 
each year beginning with calendar year 2024, 
increase the maximum amounts for the pen-
alties described in clauses (i) and (ii) of sub-
paragraph (A) by a percentage equal to the per-
centage increase in the Consumer Price Index 
for All Urban Consumers, published by the De-
partment of Labor, between December 2022 
and the December prior to the year for which 
the increase takes effect. 
(4) CIVIL ACTION.— 
(A) IN
GENERAL.—The Secretary may 
bring an action in any court of competent juris-
diction on behalf of aggrieved employees to— 
(i) restrain violations of this title; 
(ii) obtain such equitable relief as may 
be appropriate, including employment, re-
instatement, and promotion; and 
(iii) in the case of a violation of a cov-
ered provision, recover the damages, inter-
est, and equitable relief described in 
clauses (i) through (iv) of subsection 
(b)(1)(A). 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(B) RECOVERY ON BEHALF OF EMPLOY-
EES.—Any sums recovered by the Secretary 
under subparagraph (A) on behalf of an em-
ployee shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to the employee affected. Any such sums 
not paid to an employee because of inability to 
do so within a period of three years shall be de-
posited in the Treasury and credited to mis-
cellaneous receipts. 
(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 204, 
such action may be brought within 3 years of the 
date of the last event constituting the alleged viola-
tion for which such action is brought. 
(3) COMMENCEMENT.—In determining when an 
action is commenced by the Secretary or by an em-
ployee under this section for the purposes of this 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
subsection, it shall be considered to be commenced 
on the date when the complaint is filed. 
(e) OTHER ADMINISTRATIVE OFFICERS.— 
(1) EMPLOYEES COVERED BY CONGRESSIONAL 
ACCOUNTABILITY
ACT
OF
1995.—The powers and 
procedures provided in the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 
U.S.C. 1301)), or any person, alleging a violation of 
section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) 
shall be the powers and procedures this title provides 
to that Board, or any person, alleging a violation of 
this title against an employee described in section 
201(2)(C). 
(2) EMPLOYEES COVERED BY CHAPTER 5 OF 
TITLE 3, UNITED STATES CODE.—The powers and 
procedures provided in chapter 5 of title 3, United 
States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation 
of section 412(a)(1) of that title, shall be the powers 
and procedures this title provides to the President, 
that Board, or any person, respectively, alleging a 
violation of this title against an employee described 
in section 201(2)(D). 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(3) EMPLOYEES COVERED BY CHAPTER 63 OF 
TITLE 5, UNITED STATES CODE.—The powers and 
procedures provided in title 5, United States Code, 
to an employing agency, provided in chapter 12 of 
that title to the Merit Systems Protection Board, or 
provided in that title to any person, alleging a viola-
tion of chapter 63 of that title, shall be the powers 
and procedures this title provides to that agency, 
that Board, or any person, respectively, alleging a 
violation of this title against an employee described 
in section 201(2)(E). 
(4) COMPTROLLER GENERAL.—In the case of 
employees of the Government Accountability Office, 
the authority of the Secretary under this title shall 
be exercised by the Comptroller General of the 
United States. 
SEC. 206. REGULATIONS. 
(a) SECRETARY OF LABOR.—Except as provided in 
subsections (b) through (e), not later than 180 days after 
the date of enactment of this title, the Secretary shall 
issue such regulations as may be necessary to implement 
this title. 
(b) BOARD.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Board 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
of Directors of the Office of Congressional Work-
place Rights shall issue such regulations as may be 
necessary to implement this title with respect to em-
ployees described in section 201(2)(C). The proce-
dures applicable to regulations of the Board issued 
for the implementation of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1301 et seq.), 
prescribed in section 304 of that Act (2 U.S.C. 
1384), shall be the procedures applicable to regula-
tions issued under this subsection. 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Board shall take into consideration the 
enforcement and remedies provisions concerning the 
Office and applicable to rights and protections under 
the Family and Medical Leave Act of 1993 (29 
U.S.C. 2601 et seq.), under the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1301 et seq.). 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this title shall be 
the same as substantive regulations issued by the 
Secretary to implement this title, except to the ex-
tent 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 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
the implementation of the rights and protections 
under this title. 
(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 title with respect to em-
ployees described in section 201(2)(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 
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 title shall be 
the same as substantive regulations issued by the 
Secretary to implement this title, except to the ex-
tent that the President may determine, for good 
cause shown and stated together with the regula-
tions 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 title. 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(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 title 
with respect to employees described in section 
201(2)(E). 
(2) CONSIDERATION.—In prescribing the regu-
lations, the Office shall take into consideration the 
enforcement and remedies provisions concerning an 
employing agency and the Merit Systems Protection 
Board under subchapter V of chapter 63 of title 5, 
United States Code. 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this title shall be 
the same as substantive regulations issued by the 
Secretary to implement this title, except to the ex-
tent that the Office may determine, for good cause 
shown and stated together with the regulations 
issued by the Office, that a modification of such sub-
stantive regulations would be more effective for the 
implementation of the rights and protections under 
this title. 
(e) COMPTROLLER GENERAL.— 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Comp-
troller General of the United States shall issue such 
regulations as may be necessary to implement this 
title 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 (29 
U.S.C. 2611 et seq.). 
(3) MODIFICATIONS.—The regulations issued 
under paragraph (1) to implement this title shall be 
the same as substantive regulations issued by the 
Secretary to implement this title, except to the ex-
tent that the Comptroller General may determine, 
for good cause shown and stated together with the 
regulations issued by the Comptroller General, that 
a modification of such substantive regulations would 
be more effective for the implementation of the 
rights and protections under this title. 
Æ 
VerDate Sep 11 2014 
02:57 Feb 17, 2022
Jkt 029200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6301
E:\BILLS\H6699.IH
H6699
kjohnson on DSK79L0C42PROD with BILLS