103 
(A) the term ‘‘employee’’ means an em-
ployee described in subparagraph (A) or (B) of 
section 173(3); and 
(B) the term ‘‘employer’’ means an em-
ployer described in subclause (I) or (II) of sec-
tion 173(4)(A)(i). 
(2) INVESTIGATIVE AUTHORITY.— 
(A) IN GENERAL.—To ensure compliance 
with the provisions of this subtitle, or any regu-
lation or order issued under this subtitle, the 
Secretary shall have, subject to subparagraph 
(C), the investigative authority provided under 
section 11(a) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 211(a)), with respect to em-
ployers, employees, and other individuals af-
fected. 
(B) OBLIGATION TO KEEP AND PRESERVE 
RECORDS.—An employer shall make, keep, and 
preserve records pertaining to compliance with 
this subtitle in accordance with section 11(c) of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(c)) and in accordance with regula-
tions prescribed by the Secretary. 
(C) REQUIRED
SUBMISSIONS
GENERALLY 
LIMITED TO AN ANNUAL BASIS.—The Secretary 
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104 
shall not require, under the authority of this 
paragraph, an employer to submit to the Sec-
retary any books or records more than once 
during any 12-month period, unless the Sec-
retary has reasonable cause to believe there 
may exist a violation of this subtitle or any reg-
ulation or order issued pursuant to this subtitle, 
or is investigating a charge pursuant to para-
graph (4). 
(D) SUBPOENA AUTHORITY.—For the pur-
poses of any investigation provided for in this 
paragraph, the Secretary shall have the sub-
poena authority provided for under section 9 of 
the Fair Labor Standards Act of 1938 (29 
U.S.C. 209). 
(3) CIVIL ACTION BY EMPLOYEES OR INDIVID-
UALS.— 
(A) RIGHT OF ACTION.—An action to re-
cover the damages or equitable relief prescribed 
in subparagraph (B) may be maintained 
against any employer in any Federal or State 
court of competent jurisdiction by one or more 
employees or individuals or their representative 
for and on behalf of— 
(i) the employees or individuals; or 
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105 
(ii) the employees or individuals and 
others similarly situated. 
(B) LIABILITY.—Any employer who vio-
lates section 176 (including a violation relating 
to rights provided under section 174) shall be 
liable to any employee or individual affected— 
(i) for damages equal to— 
(I) the amount of— 
(aa) any wages, salary, em-
ployment benefits, or other com-
pensation denied or lost by rea-
son of the violation; or 
(bb) in a case in which 
wages, salary, employment bene-
fits, or other compensation have 
not been denied or lost, any ac-
tual monetary losses sustained as 
a direct result of the violation up 
to a sum equal to 56 hours of 
wages or salary for the employee 
or individual; 
(II) the interest on the amount 
described in subclause (I) calculated 
at the prevailing rate; and 
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106 
(III) an additional amount as liq-
uidated damages; and 
(ii) for such equitable relief as may be 
appropriate, including employment, rein-
statement, and promotion. 
(C) FEES AND COSTS.—The court in an 
action under this paragraph shall, in addition to 
any judgment awarded to the plaintiff, allow a 
reasonable attorney’s fee, reasonable expert wit-
ness fees, and other costs of the action to be 
paid by the defendant. 
(4) ACTION BY THE SECRETARY.— 
(A) ADMINISTRATIVE
ACTION.—The Sec-
retary shall receive, investigate, and attempt to 
resolve complaints of violations of section 176 
(including a violation relating to rights provided 
under section 174) in the same manner that the 
Secretary receives, investigates, and attempts to 
resolve complaints of violations of sections 6 
and 7 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206 and 207). 
(B) CIVIL
ACTION.—The Secretary may 
bring an action in any court of competent juris-
diction to recover the damages described in 
paragraph (3)(B)(i). 
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107 
(C) SUMS RECOVERED.—Any sums recov-
ered by the Secretary pursuant to subparagraph 
(B) shall be held in a special deposit account 
and shall be paid, on order of the Secretary, di-
rectly to each employee or individual affected. 
Any such sums not paid to an employee or indi-
vidual affected because of inability to do so 
within a period of 3 years shall be deposited 
into the Treasury of the United States as mis-
cellaneous receipts. 
(5) LIMITATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an action may be brought 
under paragraph (3), (4), or (6) not later than 
2 years after the date of the last event consti-
tuting the alleged violation for which the action 
is brought. 
(B) WILLFUL VIOLATION.—In the case of 
an action brought for a willful violation of sec-
tion 176 (including a willful violation relating to 
rights provided under section 174), such action 
may be brought within 3 years of the date of 
the last event constituting the alleged violation 
for which such action is brought. 
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108 
(C) 
COMMENCEMENT.—In 
determining 
when an action is commenced under paragraph 
(3), (4), or (6) for the purposes of this para-
graph, it shall be considered to be commenced 
on the date when the complaint is filed. 
(6) ACTION FOR INJUNCTION BY SECRETARY.— 
The district courts of the United States shall have 
jurisdiction, for cause shown, in an action brought 
by the Secretary— 
(A) to restrain violations of section 176 
(including a violation relating to rights provided 
under section 174), including the restraint of 
any withholding of payment of wages, salary, 
employment benefits, or other compensation, 
plus interest, found by the court to be due to 
employees or individuals eligible under this sub-
title; or 
(B) to award such other equitable relief as 
may be appropriate, including employment, re-
instatement, and promotion. 
(7) SOLICITOR
OF
LABOR.—The Solicitor of 
Labor may appear for and represent the Secretary 
on any litigation brought under paragraph (4) or 
(6). 
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109 
(8) GOVERNMENT
ACCOUNTABILITY
OFFICE 
AND LIBRARY OF CONGRESS.—Notwithstanding any 
other provision of this subsection, in the case of the 
Government Accountability Office and the Library of 
Congress, the authority of the Secretary of Labor 
under this subsection shall be exercised respectively 
by the Comptroller General of the United States and 
the Librarian of Congress. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.—The powers, remedies, and 
procedures provided in the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
fined 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, remedies, 
and procedures this subtitle provides to that Board, or any 
person, alleging an unlawful employment practice in viola-
tion of this subtitle against an employee described in sec-
tion 173(3)(C). 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.—The powers, remedies, 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, remedies, and 
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110 
procedures this subtitle provides to the President, that 
Board, or any person, respectively, alleging an unlawful 
employment practice in violation of this subtitle against 
an employee described in section 173(3)(D). 
(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.—The powers, remedies, 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 violation of chapter 63 of 
that title, shall be the powers, remedies, and procedures 
this subtitle provides to that agency, that Board, or any 
person, respectively, alleging an unlawful employment 
practice in violation of this subtitle against an employee 
described in section 173(3)(E). 
(e) REMEDIES FOR STATE EMPLOYEES.— 
(1) WAIVER
OF
SOVEREIGN
IMMUNITY.—A 
State’s receipt or use of Federal financial assistance 
for any program or activity of a State shall con-
stitute a waiver of sovereign immunity, under the 
11th amendment to the Constitution or otherwise, to 
a suit brought by an employee of that program or 
activity under this subtitle for equitable, legal, or 
other relief authorized under this subtitle. 
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111 
(2) OFFICIAL CAPACITY.—An official of a State 
may be sued in the official capacity of the official by 
any employee who has complied with the procedures 
under subsection (a)(3), for injunctive relief that is 
authorized under this subtitle. In such a suit the 
court may award to the prevailing party those costs 
authorized by section 722 of the Revised Statutes 
(42 U.S.C. 1988). 
(3) APPLICABILITY.—With respect to a par-
ticular program or activity, paragraph (1) applies to 
conduct occurring on or after the day, after the date 
of enactment of this subtitle, on which a State first 
receives or uses Federal financial assistance for that 
program or activity. 
(4) DEFINITION OF PROGRAM OR ACTIVITY.—In 
this subsection, the term ‘‘program or activity’’ has 
the meaning given the term in section 606 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). 
SEC. 178. COLLECTION OF DATA ON PAID SICK TIME AND 
FURTHER STUDY. 
(a) COMPILATION OF INFORMATION.—Effective 90 
days after the date of enactment of this Act, the Commis-
sioner of Labor Statistics shall annually compile informa-
tion on the following: 
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112 
(1) The number of employees who used paid 
sick time. 
(2) The number of hours of paid sick time 
used. 
(3) The number of employees who used paid 
sick time for absences necessary due to domestic vio-
lence, sexual assault, or stalking. 
(4) The demographic characteristics of employ-
ees who were eligible for and who used paid sick 
time. 
(b) GAO STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall annually conduct a study to 
determine the following: 
(A)(i) The number of days employees used 
paid sick time and the reasons for the use. 
(ii) The number of employees who used the 
paid sick time for periods of time covering more 
than 3 consecutive workdays. 
(B) The cost and benefits to employers of 
implementing the paid sick time policies. 
(C) The cost to employees of providing cer-
tification to obtain the paid sick time. 
(D) The benefits of the paid sick time to 
employees and their family members, including 
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113 
effects on employees’ ability to care for their 
family members or to provide for their own 
health needs. 
(E) Whether the paid sick time affected 
employees’ ability to sustain an adequate in-
come while meeting needs of the employees and 
their family members. 
(F) Whether employers who administered 
paid sick time policies prior to the date of en-
actment of this Act were affected by the provi-
sions of this subtitle. 
(G) Whether other types of leave were af-
fected by this subtitle. 
(H) Whether paid sick time affected reten-
tion and turnover and costs of presenteeism. 
(I) Whether the paid sick time increased 
the use of less costly preventive medical care 
and lowered the use of emergency room care. 
(J) Whether the paid sick time reduced the 
number of children sent to school when the chil-
dren were sick. 
(2) AGGREGATING
DATA.—The data collected 
under subparagraphs (A) and (D) of paragraph (1) 
shall be aggregated by gender, race, disability, earn-
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114 
ings level, age, marital status, family type, including 
parental status, and industry. 
(3) REPORTS.— 
(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this Act, 
the Comptroller General of the United States 
shall prepare and submit a report to the appro-
priate committees of Congress concerning the 
results of the study conducted pursuant to 
paragraph (1) and the data aggregated under 
paragraph (2). 
(B) FOLLOWUP REPORT.—Not later than 
5 years after the date of enactment of this Act, 
the Comptroller General of the United States 
shall prepare and submit a followup report to 
the appropriate committees of Congress con-
cerning the results of the study conducted pur-
suant to paragraph (1) and the data aggregated 
under paragraph (2). 
SEC. 179. EFFECT ON OTHER LAWS. 
(a) FEDERAL
AND
STATE
ANTIDISCRIMINATION 
LAWS.—Nothing in this subtitle shall be construed to 
modify or affect any Federal or State law prohibiting dis-
crimination on the basis of race, religion, color, national 
origin, sex, age, or disability. 
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