(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.— 
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(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 
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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 
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(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; 
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(G) that the decision under subparagraph 
(B) shall include such information as the regu-
lations shall specify relating to the right to re-
quest reconsideration under subparagraph (E); 
(H) that the employer and the employee 
shall hold a meeting to discuss the request for 
reconsideration described in subparagraph (E) 
within 14 days after the date on which the em-
ployee gives notice of the request for reconsider-
ation to the employer; 
(I) that the employer shall give the em-
ployee a written decision regarding the request 
for reconsideration within 14 days after the 
date of the meeting described in subparagraph 
(H); 
(J) that a decision under subparagraph (I) 
to deny the request for reconsideration shall 
state the grounds for the decision, including 
whether those grounds included the factors de-
scribed in clauses (i) through (v) of subpara-
graph (C); 
(K) that a statement made under subpara-
graph (C) or (J) shall contain a sufficient ex-
planation of the grounds for the decision in-
volved; 
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(L) that the employee shall have a right to 
be accompanied at meetings described in sub-
paragraph (A) or (H) by a representative of the 
employee’s choosing with such qualifications as 
the regulations shall specify; and 
(M) that if such a representative of the 
employee’s choosing is not available to attend a 
meeting described in subparagraph (A) or (H), 
the meeting shall be postponed; 
(2) may include provisions that provide— 
(A) that any requirement of the regula-
tions shall not apply in a case in which such an 
application is disposed of by agreement or with-
drawn; 
(B) for extension of a time limit in a case 
in which the employer and employee agree, or 
in such other circumstances as the regulations 
may specify; and 
(C) for applications to be treated as with-
drawn in specified circumstances; and 
(3) may include different provisions for dif-
ferent cases or circumstances. 
SEC. 5. PROHIBITED ACTS. 
(a) INTERFERENCE WITH RIGHTS.—It shall be un-
lawful for any employer to interfere with, restrain, or deny 
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the exercise of, or the attempt to exercise, any right pro-
vided under this Act. 
(b) INTERFERENCE
WITH
APPLICATION, PRO-
CEEDINGS, OR INQUIRIES.—It shall be unlawful for any 
employer to discharge or in any other manner discriminate 
against any individual because such individual— 
(1) has submitted (or attempted to submit) an 
application under section 3; 
(2) has filed an action, or has instituted or 
caused to be instituted any proceeding, under or re-
lated to this Act; 
(3) 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 Act; 
(4) has testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this Act; 
(5) has opposed any practice made unlawful by 
this Act; or 
(6) has in any other way exercised or attempted 
to exercise any right provided under this Act. 
SEC. 6. ENFORCEMENT. 
(a) DEFINITIONS.—Except as provided in subsection 
(d), in this section: 
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(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-
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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. 
(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 
district court of the United States to obtain the in-
junctive relief described in section 7(b). 
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(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). 
(2) EMPLOYEES COVERED BY CHAPTER 5 OF 
TITLE 3, UNITED STATES CODE.—Notwithstanding 
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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). 
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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 
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(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-
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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); 
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(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 
2010 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— 
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(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 
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