‘‘(4) the total amount and rate of any overtime 
pay or, in the case of an employee employed at piece 
rate, the piece rate paid for each such overtime 
hour; 
‘‘(5) the total amounts of earned, used, and 
available paid leave, and any expiration dates associ-
ated with such leave; 
‘‘(6) the source and amount of each deduction 
from total pay, including an indication of whether 
such deduction is taxable or non-taxable; 
‘‘(7) whether the employee is— 
‘‘(A) exempt from the minimum wage re-
quirements under section 6(a); 
‘‘(B) exempt from the overtime require-
ments under section 7; and 
‘‘(C) if applicable, considered by the em-
ployer to be an executive, administrative, pro-
fessional, or outside sales employee; and 
‘‘(8) such additional information relating to 
such compensation that the Secretary may require.’’. 
SEC. 102. ENFORCEMENT. 
Section 16(e)(2) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 216(e)(2)) is amended— 
(1) by striking ‘‘(2) Any person’’ and inserting 
‘‘(2)(A) Any person’’; and 
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(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) Any person who violates the provisions of sec-
tion 11(e) of this Act shall be subject to a civil penalty 
of— 
‘‘(i) not more than $1,000 per day the docu-
ment is not provided to the employee; or 
‘‘(ii) not more than $100 per day the person 
fails to provide a new document to the employee 
that— 
‘‘(I) contains any item or items described 
in paragraphs (1) through (8) of that sub-
section that was missing in the document as 
originally provided; or 
‘‘(II) corrects any such item or items that 
was incorrect as originally provided.’’. 
SEC. 103. EFFECTIVE DATE. 
The amendments made by this title shall take effect 
with respect to compensation paid after the date that is 
1 year after the date of the enactment of this Act. 
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TITLE 
II—THE 
RE-EMPOWER-
MENT OF SKILLED AND PRO-
FESSIONAL EMPLOYEES AND 
CONSTRUCTION TRADEWORK-
ERS 
SEC. 201. DEFINITION OF SUPERVISOR. 
Section 2(11) of the National Labor Relations Act 
(29 U.S.C. 152(11)) is amended— 
(1) by inserting ‘‘and for a majority of the indi-
vidual’s worktime’’ after ‘‘interest of the employer’’; 
(2) by striking ‘‘assign,’’; and 
(3) by striking ‘‘or responsibility to direct 
them,’’. 
TITLE 
III—ADEQUATE 
LABOR 
LAW PUNISHMENT AND PEN-
ALTIES 
SEC. 301. PENALTY ENHANCEMENTS. 
(a) NATIONAL LABOR RELATIONS ACT.— 
(1) BACKPAY.—Section 10(c) of the National 
Labor Relations Act (29 U.S.C. 160(c)) is amended 
by striking ‘‘And provided further,’’ and inserting 
‘‘Provided further, That if the Board finds that an 
employer has committed a violation of section 8(a) 
that results in the discharge of an employee or other 
serious economic loss to an employee, the Board 
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shall award the employee back pay and an additional 
amount as liquidated damages equal to 2 times the 
amount of such back pay, without any reduction (in-
cluding any reduction based on the employee’s in-
terim earnings or failure to earn interim earnings): 
Provided further,’’. 
(2) PENALTY FOR INTERFERING WITH THE NA-
TIONAL LABOR RELATIONS BOARD.—Section 12 of 
the National Labor Relations Act (29 U.S.C. 162) 
is amended by striking all that follows ‘‘shall be’’ 
and inserting ‘‘fined under title 18, United States 
Code, or imprisoned for not more than three years, 
or both.’’. 
(b) FAIR LABOR STANDARDS ACT.—Section 16(a) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 216(a)) 
is amended— 
(1) by striking ‘‘not more than six months’’ and 
inserting ‘‘not more than three years’’; and 
(2) by striking ‘‘except for an offense’’ and in-
serting ‘‘except for an offense: that denies an em-
ployee more than $1,000 in minimum wages or over-
time compensation, or both, in a 12-month period; 
that subjects such person to a civil penalty under 
subsection (e)(1)(A)(ii); or that is’’. 
(c) OCCUPATIONAL SAFETY AND HEALTH ACT.— 
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(1) VIOLATION
CAUSING
OR
SIGNIFICANTLY 
CONTRIBUTING TO SERIOUS ILLNESS, SERIOUS IN-
JURY, OR DEATH TO EMPLOYEE.—Section 17(e) of 
the Occupational Safety and Health Act of 1970 (29 
U.S.C. 666(e)) is amended— 
(A) by striking ‘‘willfully’’ and inserting 
‘‘knowingly’’; 
(B) by striking ‘‘caused death to’’ and in-
serting ‘‘causes or significantly contributes to 
the serious illness or serious injury (as those 
terms are defined in section 519(b)(6) of the 
Federal Food, Drug, and Cosmetic Act) or 
death, of’’; 
(C) by striking ‘‘punished by a fine of not 
more than $10,000 or by imprisonment for not 
more than six months, or by both’’ and insert-
ing ‘‘fined under title 18, United States Code, 
or imprisoned for not more than 10 years, or 
both’’; and 
(D) by striking ‘‘such person, punishment 
shall be by a fine of not more than $20,000 or 
by imprisonment for not more than one year, or 
by both’’ and inserting ‘‘such employer, the em-
ployer shall be fined under title 18, United 
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States Code, or imprisoned for not more than 
20 years, or both’’. 
(2) PENALTY FOR DISCHARGE OR DISCRIMINA-
TION
AGAINST
EMPLOYEE
FOR
EXERCISE
OF 
RIGHTS.—Section 17 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 666) is amended by 
adding at the end the following: 
‘‘(m) PENALTIES FOR DISCHARGE OR DISCRIMINA-
TION AGAINST EMPLOYEE FOR EXERCISE OF RIGHTS.— 
In addition to any disposition under section 11(c), any em-
ployer who violates section 11(c)(1) shall be punished as 
follows: 
‘‘(1) FIRST VIOLATION.—For the first such vio-
lation, the employer shall be fined not more than 
$50,000. 
‘‘(2) SECOND OR SUBSEQUENT VIOLATION.—If 
the employer commits such a violation after receiv-
ing a penalty under paragraph (1), the employer 
shall be fined not less than $20,000 and not more 
than $200,000. 
‘‘(3) VIOLATION
CAUSING
OR
SIGNIFICANTLY 
CONTRIBUTING TO SERIOUS ILLNESS, SERIOUS IN-
JURY, OR DEATH.—Paragraphs 1 and 2 notwith-
standing, if such violation causes or significantly 
contributes to a serious illness or serious injury (as 
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those terms are defined in section 519(b)(6) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360i)) or death, the employer shall be fined under 
title 18, United States Code, or imprisoned for not 
more than 10 years, or both.’’. 
(d) MIGRANT AND SEASONAL AGRICULTURAL WORK-
ER PROTECTION ACT.—Section 501 of the Migrant and 
Seasonal Agricultural Worker Protection Act (29 U.S.C. 
1851) is amended— 
(1) in subsection (a) by striking ‘‘not more than 
$1,000 or sentenced to prison for a term not to ex-
ceed one year, or both’’ and inserting ‘‘under title 
18, United States Code, or imprisoned for not more 
than three years, or both’’; and 
(2) in subsection (b) by striking ‘‘not more than 
$10,000 or sentenced to prison for a term not to ex-
ceed three years, or both’’ and inserting ‘‘under title 
18, United States Code, or imprisoned for not more 
than six years, or both’’. 
(e) FEDERAL MINE SAFETY AND HEALTH ACT.— 
Section 110(d) of the Federal Mine Safety and Health Act 
of 1977 (30 U.S.C. 820(d)) is amended to read as follows: 
‘‘(d) CRIMINAL PENALTIES.— 
‘‘(1) IN GENERAL.—Whoever, being an oper-
ator, knowingly— 
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‘‘(A) violates a mandatory health or safety 
standard, or 
‘‘(B) violates or fails or refuses to comply 
with any order issued under section 104 or sec-
tion 107, or any order incorporated in a final 
decision issued under this Act (except an order 
incorporated in a decision under subsection 
(a)(1) or section 105(c)), 
shall, upon conviction, be fined not more than 
$250,000, or imprisoned for not more than 1 year, 
or both, except that if the operator commits the vio-
lation after having been previously convicted of a 
violation under this paragraph and if, the operator 
knows or has reason to know that such subsequent 
violation has the potential to expose a miner to risk 
of serious injury, serious illness, or death, the oper-
ator shall, upon conviction, be fined not more than 
$1,000,000, or imprisoned for not more than 5 
years, or both. 
‘‘(2) SIGNIFICANT
RISK
OF
SERIOUS
INJURY, 
SERIOUS ILLNESS, OR DEATH.—Whoever, being an 
operator, knowingly— 
‘‘(A) tampers with or disables a required 
safety device (except with express authorization 
from the Secretary), 
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‘‘(B) violates a mandatory health or safety 
standard, or 
‘‘(C) violates or fails or refuses to comply 
with an order issued under section 104 or 107, 
or any order incorporated in a final decision 
issued under this Act (except an order incor-
porated in a decision under subsection (a)(1) or 
section 105(c)), 
and thereby recklessly exposes a miner to significant 
risk of serious injury, serious illness, or death, shall, 
upon conviction, be fined not more than $1,000,000 
or imprisoned for not more than 5 years, or both, 
except that if the operator commits the violation 
after having been previously convicted of a violation 
under this paragraph, the operator shall, upon con-
viction, be fined not more than $2,000,000, or im-
prisoned for not more than 10 years, or both. 
‘‘(3) CRIMINAL
PENALTIES
FOR
RETALIA-
TION.—Whoever knowingly— 
‘‘(A) with the intent to retaliate, interferes 
with the lawful employment or livelihood of a 
person, or the spouse, sibling, child, or parent 
of a person, because any of them provides infor-
mation to an authorized representative of the 
Secretary, to a State or local mine safety or 
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health officer or official, or to other law en-
forcement officer, in reasonable belief that the 
information is true and related to an apparent 
health or safety violation, or to an apparent 
unhealthful or unsafe condition, policy, or prac-
tice under this Act, or 
‘‘(B) interferes, or threatens to interfere, 
with the lawful employment or livelihood of a 
person, or the spouse, sibling, child, or parent 
of a person, with the intent to prevent any of 
them from so providing such information, 
shall be fined under title 18 or imprisoned for not 
more than 5 years, or both.’’. 
TITLE IV—FIRST CONTRACT 
ARBITRATION 
SEC. 401. FACILITATING INITIAL COLLECTIVE BARGAINING 
AGREEMENTS. 
Section 8 of the National Labor Relations Act (29 
U.S.C. 158) is amended by adding at the end the fol-
lowing: 
‘‘(h) Whenever collective bargaining is for the pur-
pose of establishing an initial agreement following certifi-
cation or recognition, in lieu of subsection (d), the fol-
lowing shall apply: 
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‘‘(1) Not later than 10 days after receiving a 
written request for collective bargaining from an in-
dividual or labor organization that has been newly 
organized or certified as a representative as de-
scribed in section 9(a), or within such further period 
as the parties agree upon, the parties shall meet and 
commence to bargain collectively and shall make 
every reasonable effort to conclude and sign a collec-
tive bargaining agreement. 
‘‘(2) If after the expiration of the 90-day period 
beginning on the date on which bargaining is com-
menced, or such additional period as the parties may 
agree upon, the parties have failed to reach an 
agreement, either party may notify the Federal Me-
diation and Conciliation Service of the existence of 
a dispute and request mediation. Whenever such a 
request is received, it shall be the duty of the Service 
promptly to put itself in communication with the 
parties and to use its best efforts, by mediation and 
conciliation, to bring them to agreement. 
‘‘(3) If after the expiration of the 30-day period 
beginning on the date on which the request for me-
diation is made under paragraph (2), or such addi-
tional period as the parties may agree upon, the 
Service is not able to bring the parties to agreement 
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by conciliation, the Service shall refer the dispute to 
an arbitration board established in accordance with 
such regulations as may be prescribed by the Serv-
ice. The arbitration panel shall render a decision set-
tling the dispute and such decision shall be binding 
upon the parties for a period of 2 years, unless 
amended during such period by written consent of 
the parties.’’. 
TITLE 
V—SHAREHOLDER 
EM-
POWERMENT AND EXECUTIVE 
RESPONSIBILITY 
SEC. 501. SHAREHOLDER VOTES ON EXECUTIVE COM-
PENSATION. 
(a) ADDITIONAL VOTES REQUIRED IF RESOLUTION 
ON
COMPENSATION
NOT
APPROVED
BY
SHARE-
HOLDERS.—Section 14A(a) of the Securities Exchange 
Act of 1934 (15 U.S.C. 78n–1(a)) is amended by adding 
at the end the following: 
‘‘(4) ADDITIONAL VOTES REQUIRED IF RESOLU-
TION ON COMPENSATION NOT APPROVED BY SHARE-
HOLDERS.— 
‘‘(A) IN
GENERAL.—If a resolution re-
quired by paragraph (1) or this subparagraph is 
not approved by vote of the shareholders, the 
issuer shall call a meeting of the shareholders 
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at which there shall be, separately for each ex-
ecutive officer whose compensation was not ap-
proved in the earlier vote, a shareholder vote on 
a separate resolution to approve the compensa-
tion disclosed under subparagraph (B) with re-
spect to such executive officer. 
‘‘(B) DISCLOSURE.—The proxy or consent 
or authorization for a meeting required by sub-
paragraph (A) shall disclose— 
‘‘(i) pursuant to section 229.402 of 
title 17, Code of Federal Regulations, or 
any successor thereto, the compensation of 
each executive officer whose compensation 
will be subject to approval at such meeting; 
and 
‘‘(ii) in a clear and simple form in ac-
cordance with regulations to be promul-
gated by the Commission, any arrange-
ments, whether or not written, that each 
such executive officer has with the issuer 
concerning the terms under which any type 
of compensation may be earned by or 
awarded to the executive officer, including 
in the future, unless such arrangements 
are disclosed under clause (i). 
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‘‘(C) TIMING OF VOTES.— 
‘‘(i) INITIAL VOTE.—The vote on the 
initial resolution required by subparagraph 
(A) with respect to an executive officer 
shall occur not later than the end of the 
third quarter of the same fiscal year of the 
issuer in which the vote on the resolution 
required by paragraph (1) occurs. 
‘‘(ii) SECOND
VOTE.—If the initial 
resolution required by subparagraph (A) 
with respect to an executive officer is not 
approved by the shareholders, the vote on 
the second resolution required by such sub-
paragraph with respect to such executive 
officer shall occur not later than the date 
that is 90 days after the vote on the initial 
resolution required by such subparagraph 
with respect to such executive officer. 
‘‘(iii) SUBSEQUENT
VOTES.—If the 
second resolution required by subpara-
graph (A) with respect to an executive offi-
cer, or any subsequent resolution required 
by such subparagraph with respect to such 
executive officer, is not approved by the 
shareholders, the vote on the next resolu-
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tion required by such subparagraph with 
respect to such executive officer shall occur 
not later than the date that is 90 days 
after the vote on the previous resolution 
required by such subparagraph with re-
spect to such executive officer. 
‘‘(D) 
INAPPLICABILITY.—Subparagraph 
(A) does not apply with respect to an individual 
who is no longer an executive officer of the 
issuer.’’. 
(b) BINDING EFFECT OF VOTES ON FREQUENCY.— 
Section 14A(a)(2) of the Securities Exchange Act of 1934 
(15 U.S.C. 78n–1(a)(2)) is amended by adding at the end 
the following: ‘‘Such votes shall occur not less frequently 
than so determined.’’. 
(c) RULES OF CONSTRUCTION.—Section 14A(c) of 
the Securities Exchange Act of 1934 (15 U.S.C. 78n–1(c)) 
is amended— 
(1) in paragraph (2), by striking the semicolon 
and inserting ‘‘; or’’; 
(2) in paragraph (3), by striking ‘‘; or’’ and in-
serting a period; 
(3) by redesignating paragraphs (1) through 
(3) as subparagraphs (A) through (C), respectively, 
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and moving the margins of such subparagraphs 2 
ems to the right; 
(4) by striking ‘‘RULE OF CONSTRUCTION.— 
The shareholder vote referred to in subsections (a) 
and (b)’’ and inserting the following: ‘‘RULES OF 
CONSTRUCTION.— 
‘‘(1) IN GENERAL.—Except for the shareholder 
vote required by paragraph (2) of subsection (a), 
and except for the requirement of paragraph (4) of 
such subsection for a shareholder vote on a subse-
quent resolution after failure of a previous resolution 
to be approved by the shareholders, a shareholder 
vote required by subsection (a) or (b)’’; and 
(5) by striking ‘‘(4) to restrict or limit’’ and in-
serting the following: 
‘‘(2) NO
EFFECT
ON
ABILITY
OF
SHARE-
HOLDERS TO MAKE PROPOSALS.—A shareholder vote 
required by subsection (a) or (b) may not be con-
strued to restrict or limit’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to an issuer— 
(1) with respect to an additional shareholder 
vote under paragraph (4) of section 14A(a) of the 
Securities Exchange Act of 1934, as added by sub-
section (a) of this section, beginning with the first 
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shareholder vote under paragraph (1) of such section 
14A(a) that occurs on or after the date that is 1 
year after the date of the enactment of this Act; and 
(2) with respect to a shareholder vote under 
paragraph (2) of such section 14A(a), beginning 
with the first such vote that occurs on or after the 
date that is 1 year after the date of the enactment 
of this Act. 
SEC. 502. CEO AND CHAIRMAN OF THE BOARD OF DIREC-
TORS REQUIRED TO BE DIFFERENT INDIVID-
UALS. 
(a) IN GENERAL.—The Securities Exchange Act of 
1934 (15 U.S.C. 78a et seq.) is amended by inserting after 
section 39 the following: 
‘‘SEC. 40. CEO AND CHAIRMAN OF THE BOARD OF DIREC-
TORS REQUIRED TO BE DIFFERENT INDIVID-
UALS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), an issuer that is required to prepare a proxy state-
ment under section 14(a) may not have the same indi-
vidual simultaneously serving in the position of chief exec-
utive officer (or any equivalent position) of such issuer and 
chairman of the board of directors (or any equivalent posi-
tion) of such issuer, and an individual may not simulta-
neously serve in both such positions. 
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