ment, 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 
7(b)(5), the Secretary (or the administrative officer speci-
fied in section 13(a)) may obtain an order— 
(1) restraining violations of section 6 (including 
a violation relating to a right provided under section 
4 or 5); or 
(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. 9. 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 administrative 
officer specified in section 13(a)) setting forth excerpts 
from, or summaries of, the pertinent provisions of this Act 
and information pertaining to the filing of a complaint 
under section 7(b). 
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(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. 10. RECORDKEEPING. 
Any employer shall make, keep, and preserve records 
pertaining to compliance with this Act in accordance with 
regulations issued under section 13. 
SEC. 11. RESEARCH, EDUCATION, AND TECHNICAL ASSIST-
ANCE PROGRAM. 
(a) IN GENERAL.—The Secretary (and each adminis-
trative officer specified in section 13(a), as applicable) 
shall provide information and technical assistance to em-
ployers, labor organizations, and the general public con-
cerning compliance with this Act. 
(b) PROGRAM.—In order to achieve the objectives of 
this Act— 
(1) the Secretary, acting through the Adminis-
trator of the Wage and Hour Division of the Depart-
ment of Labor, shall issue guidance on compliance 
with the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.) regarding providing a flexible 
work environment through changes in employee 
terms and conditions of employment as provided in 
section 4(a); and 
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(2) the Secretary shall carry on a continuing 
program of research, education, and technical assist-
ance, including— 
(A) conducting and promoting research 
with the intent of encouraging flexibility in 
work terms and conditions; 
(B) publishing and otherwise making avail-
able to employers, labor organizations, profes-
sional associations, educational institutions, the 
various communication media, and the general 
public the findings of studies and other mate-
rials for promoting compliance with this Act; 
(C) sponsoring and assisting State and 
community informational and educational pro-
grams; and 
(D) providing technical assistance to em-
ployers, labor organizations, professional asso-
ciations, and other interested persons on means 
of achieving and maintaining compliance with 
the provisions of this Act. 
SEC. 12. 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. 
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SEC. 13. APPLICATION OF PROVISIONS. 
Not later than 12 months 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 (including regulations 
described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 
7(b)(2)) with respect to employees described in 
clause (i) or (ii) of section 3(2)(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 (including regulations described in sections 
4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect 
to employees of the Government Accountability Of-
fice 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 (including regulations described 
in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) 
with respect to employees described in section 
3(2)(A)(iii); 
(3) the President (or the designee of the Presi-
dent) shall issue such regulations as are necessary to 
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carry out this Act (including regulations described in 
sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with 
respect to employees described in section 3(2)(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 (including regulations 
described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 
7(b)(2)) with respect to employees described in sec-
tion 3(2)(A)(v). 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act such sums as may be necessary for fiscal year 
2013 and each subsequent fiscal year. 
SEC. 15. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this Act takes effect on the date of enactment of this 
Act. 
(b) APPLICATION
OF
NONREGULATORY
PROVI-
SIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), sections 2 through 12 shall apply on the 
earlier of— 
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(A) the date that occurs 3 months after 
the date on which the Secretary issues regula-
tions under section 13(a)(1)(A); and 
(B) the date that occurs 15 months after 
the date of enactment of this Act. 
(2) COLLECTIVE BARGAINING AGREEMENTS.— 
In the case of a collective bargaining agreement in 
effect on the application date prescribed by para-
graph (1), sections 2 through 12 shall apply on the 
earlier of— 
(A) the date of the termination of such 
agreement; or 
(B) the date that occurs 12 months after 
the date of enactment of this Act. 
Æ 
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