(iv) a covered employee (including an 
applicant), as defined in section 411(c) of 
title 3, United States Code; or 
(v) a Federal officer or employee (in-
cluding an applicant) covered under sub-
chapter V of chapter 63 of title 5, United 
States Code; and 
(B) who works an average of at least 20 
hours per week or, in the alternative, at least 
1,000 hours per year. 
(2) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means a person who is— 
(i)(I) a covered employer, as defined 
in subparagraph (B), who is not covered 
under any of subclauses (II) through (V); 
(II) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
(III) an employing office, as defined 
in section 101 of the Congressional Ac-
countability Act of 1995; 
(IV) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(V) an employing agency covered 
under subchapter V of chapter 63 of title 
5, United States Code; and 
(ii) is engaged in commerce (including 
government), in the production of goods 
for commerce, or in an enterprise engaged 
in commerce (including government) or in 
the production of goods for commerce. 
(B) COVERED EMPLOYER.— 
(i) IN
GENERAL.—In subparagraph 
(A)(i)(I), the term ‘‘covered employer’’— 
(I) means any person engaged in 
commerce or in any industry or activ-
ity affecting commerce who employs 
15 or more employees for each work-
ing day during each of 20 or more 
calendar workweeks in the current or 
preceding calendar year; 
(II) includes— 
(aa) any person who acts, 
directly or indirectly, in the inter-
est of such an employer to any of 
the employees of such employer; 
and 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(bb) any successor in inter-
est of such an employer; and 
(III) includes an agency de-
scribed in clause (iii) or (iv) of sub-
paragraph (A) 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. 
(ii) DEFINITIONS.—For purposes of 
this subparagraph: 
(I) 
COMMERCE.—The 
terms 
‘‘commerce’’ and ‘‘industry or activity 
affecting commerce’’ have the mean-
ings given the terms in section 101 of 
such Act (29 U.S.C. 2611). 
(II) EMPLOYEE; PERSON.—The 
terms ‘‘employee’’ and ‘‘person’’ have 
the meanings given such terms in sec-
tion 3 of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203). 
(C) PREDECESSORS.—Any reference in 
this paragraph to an employer shall include a 
reference to any predecessor of such employer. 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
SEC. 3. STATUTORY RIGHT TO REQUEST FLEXIBLE WORK 
TERMS AND CONDITIONS. 
(a) IN GENERAL.—An employee may apply to the 
employee’s employer for a change in the employee’s terms 
or conditions of employment if the change relates to— 
(1) the number of hours the employee is re-
quired to work; 
(2) the times when the employee is required to 
work; or 
(3) where the employee is required to work. 
(b) CONTENTS.—An application submitted under this 
section shall— 
(1) state that the application is an application 
described in subsection (a); 
(2) specify the change applied for and the date 
on which the employee requests that the change be-
come effective; and 
(3) explain what effect, if any, the employee 
thinks the change applied for would have on the em-
ployer and how, in the employee’s opinion, any such 
effect might be dealt with. 
(c) SUBMISSIONS.— 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(1) PERIOD
BETWEEN
SUBMISSIONS.—If an 
employee, who has submitted an application under 
this section to an employer, submits a further appli-
cation under this section to the same employer be-
fore the end of the period of 12 months beginning 
with the date on which the previous application was 
submitted, that further application shall not be cov-
ered by section 4. 
(2) FORM AND TIMING.—The Secretary shall by 
regulation specify— 
(A) the form of applications submitted 
under this section; and 
(B) when such an application shall be con-
sidered to be submitted. 
SEC. 4. EMPLOYER’S DUTIES IN RELATION TO APPLICA-
TIONS. 
(a) IN GENERAL.—An employer to whom an em-
ployee submits an application under section 3 shall con-
sider the application in accordance with regulations issued 
by the Secretary. 
(b) REGULATIONS.—Regulations issued under sub-
section (a)— 
(1) shall include provisions that provide— 
(A) that the employer and the employee 
shall hold a meeting to discuss an application 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
submitted under section 3 within 14 days after 
the date of submission; 
(B) that the employer shall give the em-
ployee a written decision regarding the applica-
tion within 14 days after the date of the meet-
ing described in subparagraph (A); 
(C) that a decision under subparagraph 
(B) to reject the application shall state the 
grounds for the decision, including whether 
those grounds included— 
(i) the identifiable cost of the change 
in a term or condition of employment re-
quested in the application, including the 
costs of loss of productivity, of retraining 
or hiring employees, or of transferring em-
ployees from 1 facility to another facility; 
(ii) the overall financial resources in-
volved; 
(iii) for an employer with multiple fa-
cilities, the geographic separateness or ad-
ministrative or fiscal relationship of the fa-
cilities; 
(iv) the effect of the change on the 
employer’s ability to meet customer de-
mand; or 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(v) other factors specified by the Sec-
retary in regulation; 
(D) that if the employer rejects the em-
ployee’s application, the employer may propose 
in writing an alternative change to the employ-
ee’s hours, times, and place of work; 
(E) that if the employee is dissatisfied with 
the employer’s decision under subparagraph (B) 
and the alternative described in subparagraph 
(D), the employee has the right to request re-
consideration of the decision within 14 days 
after the later of— 
(i) the date on which the employer 
gives the employee the decision under sub-
paragraph (B); and 
(ii) if applicable, the date on which 
the employer proposes the alternative de-
scribed in subparagraph (D); 
(F) for procedures for exercising the right 
to request reconsideration described in subpara-
graph (E), including procedures requiring the 
employee to set out the grounds for reconsider-
ation, 
including 
any 
inaccuracies 
or 
misstatements that the employee contends were 
in the employer’s decision; 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(1) EMPLOYEE.—The term ‘‘employee’’ means 
an employee described in clause (i) or (ii) of section 
2(1)(A). 
(2) EMPLOYER.—The term ‘‘employer’’ means 
an employer described in subclause (I) or (II) of sec-
tion 2(2)(A)(i). 
(b) GENERAL AUTHORITY.—The provisions of this 
Act may be enforced pursuant to the following provisions: 
(1) INVESTIGATION AND ASSESSMENT.—An em-
ployee who is affected by a violation of a right in 
section 5 (including a violation relating to a right 
provided under section 3 or 4) may make a com-
plaint to the Administrator of the Wage and Hour 
Division of the Employment Standards Administra-
tion of the Department of Labor, alleging that the 
employer involved has violated section 5. The Ad-
ministrator shall investigate, and may issue an order 
making determinations, and assessing a civil penalty 
described in section 7(a)(1) or awarding relief de-
scribed in section 7(a)(2), as appropriate, with re-
spect to the alleged violation. 
(2) ADMINISTRATIVE
HEARING.—An affected 
person who takes exception to an order issued under 
paragraph (1) may request an administrative hear-
ing concerning the order under procedures estab-
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
lished by the Secretary that comply with the require-
ments of sections 554, 556, and 557 of title 5, 
United States Code, and regulations promulgated by 
the Secretary. Such hearing shall be conducted expe-
ditiously. If no affected person requests the hearing 
within 60 days after the order is issued under para-
graph (1), the order shall be deemed to be a final 
order that is not subject to judicial review. 
(3) ENFORCEMENT.—The amount of any pen-
alty assessed against an employer under this sub-
section, when finally determined, may be— 
(A) deducted from any sums owed by the 
United States to the employer; or 
(B) recovered in a civil action brought 
against the employer by the Secretary in any 
court of competent jurisdiction, in which action 
the Secretary shall be represented by the Sec-
retary of Labor. 
(4) CIVIL ACTION.—An affected person desiring 
review of an order issued under paragraph (2) (other 
than a nonreviewable order) may file a petition for 
review in an appropriate Federal court of appeals. 
(5) CIVIL ACTION BY THE SECRETARY FOR IN-
JUNCTIVE RELIEF.—The Secretary may bring an ac-
tion for a violation described in paragraph (1) in a 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
district court of the United States to obtain the in-
junctive relief described in section 7(b). 
(c) GOVERNMENT ACCOUNTABILITY OFFICE AND LI-
BRARY OF CONGRESS.—Notwithstanding any other provi-
sion of this section, the Secretary is authorized to enter 
into agreements with the Librarian of Congress and the 
Comptroller General of the United States with respect to 
individuals employed in the Library of Congress and the 
Government Accountability Office, respectively, to provide 
for the carrying out of functions of the Secretary under 
subsection (b) with respect to such individuals. 
(d) OTHER EMPLOYEES.— 
(1) EMPLOYEES COVERED BY CONGRESSIONAL 
ACCOUNTABILITY
ACT
OF
1995.—Notwithstanding 
any other provision of this section or section 7, the 
powers, remedies, and procedures provided in the 
Congressional Accountability 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, al-
leging a violation of section 202(a)(1) of that Act (2 
U.S.C. 1312(a)(1)) shall be the powers, remedies, 
and procedures this Act provides to that Board, or 
any person, alleging an unlawful employment prac-
tice in violation of this Act against an employee de-
scribed in section 2(1)(A)(iii). 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(2) EMPLOYEES COVERED BY CHAPTER 5 OF 
TITLE 3, UNITED STATES CODE.—Notwithstanding 
any other provision of this section or section 7, the 
powers, remedies, and procedures provided in chap-
ter 5 of title 3, United States Code, to the Presi-
dent, the Merit Systems Protection Board, or any 
person, alleging a violation of section 412(a)(1) of 
that title, shall be the powers, remedies, and proce-
dures this Act provides to the President, that Board, 
or any person, respectively, alleging an unlawful em-
ployment practice in violation of this Act against an 
employee described in section 2(1)(A)(iv). 
(3) EMPLOYEES COVERED BY CHAPTER 63 OF 
TITLE 5, UNITED STATES CODE.—Notwithstanding 
any other provision of this section or section 7, the 
powers, remedies, and procedures provided in title 5, 
United States Code, to an employing agency, pro-
vided in chapter 12 of that title to the Merit Sys-
tems Protection Board, or provided in that title to 
any person, alleging a violation of chapter 63 of that 
title, shall be the powers, remedies, and procedures 
this Act provides to that agency, that Board, or any 
person, respectively, alleging an unlawful employ-
ment practice in violation of this Act against an em-
ployee described in section 2(1)(A)(v). 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
SEC. 7. REMEDIES. 
(a) ADMINISTRATIVE PROCEEDINGS AND ACTIONS 
FOR REVIEW.— 
(1) 
INTERFERENCE
WITH
EXERCISE
OF 
RIGHTS.—In an action brought under paragraph (1), 
(2), or (4) of section 6(b), an employer who violates 
the provisions of section 5(a) (including a violation 
relating to a right provided under section 3 or 4) 
shall be subject to a civil penalty of not less than 
$1000 and not more than $5,000 for each employee 
who was the subject of such a violation. 
(2) RETALIATION.—In an action brought under 
paragraph (1), (2), or (4) of section 6(b), if an em-
ployer violates section 5(b), the employee who is af-
fected by the violation or the Secretary, as appro-
priate, may obtain an order awarding such equitable 
relief as may be appropriate, including employment, 
reinstatement, promotion, back pay, and a change in 
the terms or conditions of employment. 
(b) CIVIL ACTION BY THE SECRETARY FOR INJUNC-
TIVE
RELIEF.—In an action brought under section 
6(b)(5), the Secretary may obtain an order— 
(1) restraining violations of section 5 (including 
a violation relating to a right provided under section 
3 or 4); or 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(2) awarding such other equitable relief as may 
be appropriate, including employment, reinstate-
ment, promotion, back pay, and a change in the 
terms or conditions of employment. 
SEC. 8. NOTICE. 
(a) IN GENERAL.—Each employer shall post and 
keep posted, in conspicuous places on the premises of the 
employer where notices to employees and applicants for 
employment are customarily posted, a notice, to be pre-
pared or approved by the Secretary (or the appropriate 
officer specified in section 12(a), as applicable), setting 
forth excerpts from, or summaries of, the pertinent provi-
sions of this Act and information pertaining to the filing 
of a complaint under section 6(b). 
(b) PENALTY.—Any employer that willfully violates 
this section may be assessed a civil money penalty not to 
exceed $500 for each separate offense. 
SEC. 9. RECORDKEEPING. 
Any employer shall make, keep, and preserve records 
pertaining to compliance with this Act in accordance with 
regulations issued under section 12. 
SEC. 10. RESEARCH, EDUCATION, AND TECHNICAL ASSIST-
ANCE PROGRAM. 
(a) IN GENERAL.—The Secretary (and each officer 
specified in section 12(a), as applicable) shall provide in-
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
SEC. 11. RIGHTS RETAINED BY EMPLOYEES. 
Nothing in this Act shall be considered to diminish 
the rights, privileges, or remedies of any employee under 
any Federal or State law, or under a collective bargaining 
agreement. 
SEC. 12. APPLICATION OF PROVISIONS. 
(a) APPLICATION TO CLASSES OF EMPLOYEES.—Not 
later than 120 days after the date of enactment of this 
Act— 
(1)(A) except as provided in subparagraph (B), 
the Secretary shall issue such regulations as are nec-
essary to carry out this Act with respect to employ-
ees described in clause (i) or (ii) of section 2(1)(A); 
and 
(B) the Comptroller General of the United 
States and the Librarian of Congress shall issue 
such regulations as are necessary to carry out this 
Act with respect to employees of the Government 
Accountability Office and the Library of Congress, 
respectively; 
(2) the Board of Directors of the Office of 
Compliance shall issue (in accordance with section 
304 of the Congressional Accountability Act of 1995 
(2 U.S.C. 1384)) such regulations as are necessary 
to carry out this Act with respect to employees de-
scribed in section 2(1)(A)(iii); 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(3) the President (or the designee of the Presi-
dent) shall issue such regulations as are necessary to 
carry out this Act with respect to employees de-
scribed in section 2(1)(A)(iv); and 
(4) the Director of the Office of Personnel 
Management shall issue such regulations as are nec-
essary to carry out this Act with respect to employ-
ees described in section 2(1)(A)(v). 
(b) TRANSITIONAL PROVISIONS.—A regulation issued 
under subsection (a) may contain such transitional provi-
sions as the Secretary determines to be appropriate in con-
nection with the application of any of the provisions of 
this Act. 
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act such sums as may be necessary for fiscal year 
2008 and each subsequent fiscal year. 
SEC. 14. EFFECTIVE DATE. 
(a) IN GENERAL.—This Act takes effect 6 months 
after the date of enactment of this Act, except as provided 
in subsection (b). 
(b) COLLECTIVE BARGAINING AGREEMENTS.—In the 
case of a collective bargaining agreement in effect on the 
effective date prescribed by subsection (a), this Act shall 
apply on the earlier of— 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS
(1) the date of the termination of such agree-
ment; or 
(2) the date that occurs 12 months after the 
date of enactment of this Act. 
Æ 
VerDate Aug 31 2005 
00:21 Dec 08, 2007
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6301
E:\BILLS\H4301.IH
H4301
bajohnson on PROD1PC69 with BILLS