Schedules That Work Act
Bill: S.3642 | Sponsor: Sen. Warren, Elizabeth (D-MA)
Policy area: Labor and Employment

Summary:
Schedules That Work Act  This bill provides employees with the right to request changes to their work schedules related to the number of hours they are required to work or be on call, the location of the work, the amount of notification about work schedule assignments, and fluctuations in work hours.   Employers must negotiate in good faith with employees who make such requests and comply with certain work schedule notice and split shift pay requirements for retail, food service, cleaning, hospitality, or warehouse employees.

To permit employees to request changes to their work schedules without 
    fear of retaliation and to ensure that employers consider these 
  requests, and to require employers to provide more predictable and 
stable schedules for employees in certain occupations with evidence of 
unpredictable and unstable scheduling practices that negatively affect 
                   employees, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Schedules That 
Work Act''.
    (b) Findings.--Congress finds the following:
            (1) The vast majority of the United States workforce today 
        is juggling responsibilities at home and at work. Women are 
        primary breadwinners or co-breadwinners in \2/3\ of families 
        with children in the United States.
            (2) Despite the dual responsibilities of today's workforce, 
        many workers have little notice of their work schedules and 
        lack the ability to make changes to the work hours in such 
        schedules, which undermines their ability to accommodate family 
        responsibilities.
            (3)(A) Mothers working in low-paid jobs are more likely to 
        be the primary or sole breadwinner for their families than 
        mothers working in higher-paid jobs. For example, nearly 7 in 
        10 mothers in the \1/5\ of households in the United States with 
        the lowest incomes bring home all or most of their families' 
        income, compared to less than \1/3\ of their counterparts in 
        the highest-income quintile.
            (B) At the same time, low-paid workers often have the least 
        control over their work hours and face the most unpredictable 
        schedules. In some industries, ``just-in-time'' scheduling 
        practices, which base workers' schedules on perceived consumer 
        demand to minimize labor costs, are particularly common. 
        Employers using these practices often post work schedules with 
        little notice, vary work hours widely from week to week, cancel 
        shifts at the last minute, and schedule employees for ``on 
        call'' shifts (requiring an employee to call in to work to find 
        out whether the employee will have to work later that day) or 
        ``clopening'' shifts (requiring an employee to work a closing 
        shift at night followed by an opening shift a few hours later). 
        For example, national survey data show that--
                    (i) about \2/3\ of hourly retail and food service 
                workers receive their work schedules with less than 2 
                weeks' advance notice and about \1/3\ receive their 
                schedule with less than 1 week's notice;
                    (ii) more than 1 in 5 hourly retail and food 
                service workers have been scheduled for on-call shifts, 
                and more than 1 in 3 have worked ``clopening'' shifts; 
                and
                    (iii) 65 percent of hourly retail and food service 
                workers would like a more stable and predictable 
                schedule.
            (4) Unfair work scheduling practices make it difficult for 
        low-paid workers to--
                    (A) provide necessary care for children and other 
                family members, including securing and maintaining 
                stable child care;
                    (B) access and receive needed care for the workers' 
                own serious health conditions;
                    (C) pursue workforce training;
                    (D) get or keep a second job, which many workers 
                need to make ends meet;
                    (E) plan for and access transportation to reach 
                worksites; and
                    (F) qualify for and maintain eligibility for needed 
                public benefits and work supports, such as child care 
                subsidies and benefits under the supplemental nutrition 
                assistance program, due to fluctuations in income and 
                work hours.
            (5) Unstable work schedules pre-date the pandemic and 
        economic recession caused by COVID-19, but the harm of these 
        workplace practices is exacerbated as millions of workers risk 
        their own health and safety at jobs with few protections, 
        volatile schedules, and inadequate hours, in an effort to 
        support themselves and their families. Employers have continued 
        to use ``just-in-time'' scheduling practices throughout the 
        pandemic, even as workers face additional caregiving challenges 
        due to school and child care closures and quarantines.
            (6) A growing body of research demonstrates that unstable 
        and unpredictable work schedules have significant detrimental 
        impacts on sleep quality, mental health, and happiness, and are 
        associated with unstable child care arrangements and negative 
        health and behavioral outcomes for children. And impacts are 
        likely to be the most severe for workers of color and their 
        families, as workers of color are more likely than their White 
        counterparts--even compared to White coworkers at the same 
        company--to experience unstable work schedules. Unstable and 
        unpredictable work schedules--and the work-family conflict they 
        produce--are also associated with higher rates of turnover, 
        which creates further instability for employers and workers. 
        Some examples of the detrimental impacts of unstable and 
        unpredictable work schedules are as follows:
                    (A) Unstable work schedules lead to more household 
                economic strain and time conflicts and undermine the 
                well-being of parents, all of which can negatively 
                impact children's health and behavior.
                    (B) Workers with the most severe instability in 
                their work schedules also face the highest risk of 
                negative behavior and health outcomes for their 
                children.
                    (C) The exposure of a parent to on-call shifts and 
                last-minute shift changes are associated with more 
                unstable child care arrangements and with the use of 
                siblings to provide care.
                    (D) Work schedule instability causes more work-
                family conflict, which increases the chance that a 
                worker will be forced to leave his or her job, which is 
                associated with downward mobility of the earnings of 
                the worker.
                    (E)(i) Relative to White workers, workers of color 
                are more likely to--
                            (I) have cancelled shifts;
                            (II) have on-call shifts;
                            (III) be involuntary part-time workers;
                            (IV) have trouble getting time off; and
                            (V) work ``clopening'' shifts, as described 
                        in paragraph (3)(B).
                    (ii) The statistics described in clause (i) remain 
                true after controlling for demographics, human capital, 
                worker power, firm segregation, and discordance with 
                the race or ethnicity of the worker and the manager. 
                Race gaps in job quality are greater for women of 
                color.
                    (F) Workers who receive shorter advanced notice, 
                who work on-call shifts, who experience last-minute 
                shift cancellation and timing changes, or with more 
                volatile work hours are more likely to experience 
                hunger, residential hardships, and more overall 
                economic hardship.
            (7) Unpredictable and unstable work schedules are common in 
        a wide range of occupations, with evidence of particular 
        concentration in food service, retail, cleaning, hospitality, 
        and warehouse occupations. These occupations are critically 
        important to the United States economy.
            (8) Employers that have implemented fair work scheduling 
        policies that allow workers to have more control over their 
        work schedules, and provide more predictable and stable 
        schedules, have experienced significant benefits, including 
        reductions in absenteeism and workforce turnover, and increased 
        worker morale and engagement. For example, when Gap Inc. 
        piloted strategies to make work schedules more stable and 
        predictable for employees, the Gap Inc. stores that implemented 
        these strategies experienced higher productivity and a 7 
        percent increase in sales, compared to those Gap Inc. stores 
        that did not implement these strategies.
            (9) This Act is a first step in responding to the needs of 
        workers for a voice in the timing of their work hours and for 
        more predictable schedules.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Bona fide business reason.--The term ``bona fide 
        business reason'' means--
                    (A) the identifiable burden of additional costs to 
                an employer, including the cost of productivity loss, 
                retraining or hiring employees, or transferring 
                employees from one facility to another facility;
                    (B) a significant detrimental effect on the 
                employer's ability to meet organizational needs or 
                customer demand;
                    (C) a significant inability of the employer, 
                despite best efforts, to reorganize work among existing 
                (as of the date of the reorganization) staff;
                    (D) a significant detrimental effect on business 
                performance;
                    (E) insufficiency of work during the periods an 
                employee proposes to work;
                    (F) the need to balance competing scheduling 
                requests when it is not possible to grant all such 
                requests without a significant detrimental effect on 
                the employer's ability to meet organizational needs; or
                    (G) such other reason as may be specified by the 
                Secretary of Labor (or, as applicable, the 
                corresponding administrative officer specified in 
                section 7(e)).
            (2) Career-related educational or training program.--The 
        term ``career-related educational or training program'' means 
        an educational or training program or program of study offered 
        by a public, private, or nonprofit career and technical 
        education school, institution of higher education, or other 
        entity that provides academic education, career and technical 
        education, or training (including remedial education or English 
        as a second language, as appropriate), that is a program that 
        leads to a recognized postsecondary credential (as identified 
        under section 122(d) of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3152(d))), and provides career 
        awareness information. The term includes a program allowable 
        under the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3101 et seq.), the Carl D. Perkins Career and Technical 
        Education Act of 2006 (20 U.S.C. 2301 et seq.), or the Higher 
        Education Act of 1965 (20 U.S.C. 1001 et seq.), without regard 
        to whether or not the program is funded under the corresponding 
        Act.
            (3) Caregiver.--The term ``caregiver'' means an individual 
        with the status of being a significant provider of--
                    (A) ongoing care or education, including 
                responsibility for securing the ongoing care or 
                education, of a child; or
                    (B) ongoing care, including responsibility for 
                securing the ongoing care, of--
                            (i) a person with a serious health 
                        condition who is in a family relationship with 
                        the individual; or
                            (ii) a parent of the individual, who is age 
                        65 or older.
            (4) Child.--The term ``child'' means a biological, adopted, 
        or foster child, a stepchild, a legal ward, or a child of a 
        person standing in loco parentis to that child, who is--
                    (A) under age 18; or
                    (B) age 18 or older and incapable of self-care 
                because of a mental or physical disability.
            (5) Commerce terms.--The terms ``commerce'' and ``industry 
        or activity affecting commerce'' have the meanings given the 
        terms in section 101 of the Family and Medical Leave Act of 
        1993 (29 U.S.C. 2611).
            (6) Covered employer.--
                    (A) In general.--The term ``covered employer''--
                            (i) means any person engaged in commerce or 
                        in any industry or activity affecting commerce 
                        who employs 15 or more employees (described in 
                        paragraph (9)(A));
                            (ii) includes any person who acts, directly 
                        or indirectly, in the interest of such an 
                        employer to any of the employees (described in 
                        paragraph (9)(A)) of such employer;
                            (iii) includes any successor in interest of 
                        such an employer; and
                            (iv) includes an agency described in 
                        subparagraph (A)(iii) 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.
                    (B) Rule.--For purposes of determining the number 
                of employees who work for a person described in 
                subparagraph (A)(i), all employees (described in 
                paragraph (9)(A)) performing work for compensation on a 
                full-time, part-time, or temporary basis shall be 
                counted, except that if the number of such employees 
                who perform work for such a person for compensation 
                fluctuates, the number may be determined for a calendar 
                year based upon the average number of such employees 
                who performed work for the person for compensation 
                during the preceding calendar year.
                    (C) Person.--In this paragraph, the term ``person'' 
                has the meaning given the term in section 3 of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 203).
            (7) Domestic partner.--The term ``domestic partner'' means 
        the individual recognized as being in a relationship with an 
        employee under any domestic partnership, civil union, or 
        similar law of the State or political subdivision of a State in 
        which the employee resides.
            (8) Employ.--The term ``employ'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (9) Employee.--The term ``employee'' means an individual 
        who is--
                    (A) an employee, as defined in section 3(e) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), 
                who is not described in any of subparagraphs (B) 
                through (G);
                    (B) a State employee described in section 304(a) of 
                the Government Employee Rights Act of 1991 (42 U.S.C. 
                2000e-16c(a));
                    (C) a covered employee, as defined in section 101 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301), other than an applicant for employment;
                    (D) a covered employee, as defined in section 
                411(c) of title 3, United States Code;
                    (E) a Federal officer or employee covered under 
                subchapter V of chapter 63 of title 5, United States 
                Code;
                    (F) an employee of the Library of Congress; or
                    (G) an employee of the Government Accountability 
                Office.
            (10) Employer.--The term ``employer'' means a person--
                    (A) who is--
                            (i) a covered employer, as defined in 
                        paragraph (6), who is not described in any of 
                        clauses (ii) through (vii);
                            (ii) an entity employing a State employee 
                        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 Accountability 
                        Act of 1995;
                            (iv) an employing office, as defined in 
                        section 411(c) of title 3, United States Code;
                            (v) an employing agency covered under 
                        subchapter V of chapter 63 of title 5, United 
                        States Code;
                            (vi) the Librarian of Congress; or
                            (vii) the Comptroller General of the United 
                        States; and
                    (B) who 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.
            (11) Family relationship.--The term ``family relationship'' 
        means a relationship with--
                    (A) a child, spouse, domestic partner, parent, 
                grandchild, grandparent, sibling, or parent of a spouse 
                or domestic partner; or
                    (B) any individual related to the employee involved 
                by blood or affinity, whose close association with the 
                employee is the equivalent of a family relationship 
                described in subparagraph (A).
            (12) Grandchild.--The term ``grandchild'' means the child 
        of a child.
            (13) Grandparent.--The term ``grandparent'' means the 
        parent of a parent.
            (14) Hospitality establishment.--The term ``hospitality 
        establishment'' means a hotel, motel, inn, or similar transient 
        lodging establishment.
            (15) Minimum number of expected work hours.--The term 
        ``minimum number of expected work hours'' means the minimum 
        number of hours an employee will be assigned to work on a 
        weekly or monthly basis.
            (16) Nonexempt employee.--The term ``nonexempt employee'' 
        means an employee who is not employed in a bona fide executive, 
        administrative, or professional capacity, as defined for 
        purposes of section 13(a)(1) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 213(a)(1)).
            (17) On-call shift.--The term ``on-call shift'' means any 
        time during which an employer requires an employee to--
                    (A) be available to work; and
                    (B) contact the employer or the designee of the 
                employer, or wait to be contacted by the employer or 
                designee, to determine whether the employee is required 
                to report to work at that time.
            (18) Parent.--The term ``parent'' means a biological or 
        adoptive parent, a stepparent, or a person who stood in a 
        parental relationship to an employee when the employee was a 
        child.
            (19) Parental relationship.--The term ``parental 
        relationship'' means a relationship in which a person assumed 
        the obligations incident to parenthood for a child and 
        discharged those obligations before the child reached 
        adulthood.
            (20) Retail, food service, cleaning, hospitality, or 
        warehouse employee.--The term ``retail, food service, cleaning, 
        hospitality, or warehouse employee'' means a nonexempt employee 
        who is employed in a hospitality establishment, in a warehouse 
        establishment, or in any of the following occupations, as 
        described by the Bureau of Labor Statistics Standard 
        Occupational Classification System (as in effect on the day 
        before the date of enactment of this Act):
                    (A) Retail sales occupations consisting of 
                occupations described in 41-1010 and 41-2000, and all 
                subdivisions thereof, of such System, which includes 
                first-line supervisors of sales workers, cashiers, 
                gambling change persons and booth cashiers, counter and 
                rental clerks, parts salespersons, and retail 
                salespersons.
                    (B) Food preparation and serving related 
                occupations as described in 35-0000, and all 
                subdivisions thereof, of such System, which includes 
                supervisors of food preparation and serving workers, 
                cooks and food preparation workers, food and beverage 
                serving workers, and other food preparation and serving 
                related workers.
                    (C) Cleaning occupations as described in 37-2011, 
                37-2012, and 37-2019 of such System, which includes 
                janitors and cleaners, maids and housekeeping cleaners, 
                and building cleaning workers.
            (21) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (22) Secretary's designated employee.--The term 
        ``Secretary's designated employee'' means an employee employed 
        in an occupation, other than a retail, food service, cleaning, 
        hospitality, or warehouse occupation, that is designated by the 
        Secretary under section 9(a)(2) as appropriate for coverage 
        under section 4.
            (23) Serious health condition.--The term ``serious health 
        condition'' has the meaning given the term in section 101 of 
        the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
            (24) Sibling.--The term ``sibling'' means a brother or 
        sister, whether related by half blood, whole blood, or 
        adoption, or as a stepsibling.
            (25) Split shift.--The term ``split shift'' means a 
        schedule of daily hours in which the hours worked are not 
        consecutive, except that--
                    (A) a schedule in which the total time out for 
                meals does not exceed one hour shall not be treated as 
                a split shift; and
                    (B) a schedule in which the break in the employee's 
                work shift is requested by the employee shall not be 
                treated as a split shift.
            (26) Spouse.--
                    (A) In general.--The term ``spouse'' means a person 
                with whom an individual entered into--
                            (i) a marriage as defined or recognized 
                        under State law in the State in which the 
                        marriage was entered into; or
                            (ii) in the case of a marriage entered into 
                        outside of any State, a marriage that is 
                        recognized in the place where entered into and 
                        could have been entered into in at least 1 
                        State.
                    (B) Same-sex or common law marriage.--Such term 
                includes an individual in a same-sex or common law 
                marriage that meets the requirements of subparagraph 
                (A).
            (27) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (28) Warehouse establishment.--The term ``warehouse 
        establishment'' means any business that engages primarily in 
        the storage of goods, wares, or commodities for hire or 
        compensation, and, in connection with such storage, may include 
        the loading, packing, sorting, stacking, wrapping, 
        distribution, or delivery of those goods, wares, or 
        commodities.
            (29) Work schedule.--The term ``work schedule'' means all 
        of an employee's work shifts and on-call shifts, including 
        specific start and end times for each shift, during a 
        consecutive 7-day period.
            (30) Work schedule change.--The term ``work schedule 
        change'' means any modification to an employee's work schedule, 
        such as an addition or reduction of hours, cancellation of a 
        shift, or a change in the date or time of a work shift, by an 
        employer.
            (31) Work shift.--The term ``work shift'' means the 
        specific hours of the workday during which an employee works.

SEC. 3. RIGHT TO REQUEST AND RECEIVE A FLEXIBLE, PREDICTABLE, OR STABLE 
              WORK SCHEDULE.

    (a) Right To Request.--An employee may apply to the employee's 
employer to request a change in the terms and conditions of employment 
as they relate to--
            (1) the number of hours the employee is required to work or 
        be on call for work;
            (2) the times when the employee is required to work or be 
        on call for work;
            (3) the location where the employee is required to work;
            (4) the amount of notification the employee receives of 
        work schedule assignments; and
            (5) minimizing fluctuations in the number of hours the 
        employee is scheduled to work on a daily, weekly, or monthly 
        basis.
    (b) Employer Obligation To Engage in an Interactive Process.--
            (1) In general.--If an employee applies to the employee's 
        employer to request a change in the terms and conditions of 
        employment as set forth in subsection (a), the employer shall 
        engage in a timely, good-faith interactive process with the 
        employee that includes a discussion of potential schedule 
        changes that would meet the employee's needs.
            (2) Result.--Such process shall result in--
                    (A) subject to subsections (c) and (d), either 
                granting or denying the request; and
                    (B) in the event of a denial--
                            (i) considering alternatives to the 
                        proposed change that might meet the employee's 
                        needs and granting or denying a request for an 
                        alternative change in the terms and conditions 
                        of employment as set forth in subsection (a); 
                        and
                            (ii) stating the reason for denial, 
                        including whether any such reason is a bona 
                        fide business reason.
            (3) Information.--If information provided by the employee 
        making a request under this section requires clarification, the 
        employer shall explain what further information is needed and 
        give the employee reasonable time to produce the information.
    (c) Requests Related to Caregiving, Enrollment in Education or 
Training, or a Second Job.--If an employee makes a request for a change 
in the terms and conditions of employment as set forth in subsection 
(a) because of a serious health condition of the employee, due to the 
employee's responsibilities as a caregiver, or due to the employee's 
enrollment in a career-related educational or training program, or if 
an employee makes a request for such a change for a reason related to a 
second job, the employer shall grant the request, unless the employer 
has a bona fide business reason for denying the request.
    (d) Other Requests.--If an employee makes a request for a change in 
the terms and conditions of employment as set forth in subsection (a), 
for a reason other than those reasons set forth in subsection (c), the 
employer may deny the request for any reason that is not unlawful. If 
the employer denies such a request, the employer shall provide the 
employee with the reason for the denial, including whether any such 
reason is a bona fide business reason.

SEC. 4. REQUIREMENTS FOR ADVANCE NOTICE OF WORK SCHEDULES, 
              PREDICTABILITY PAY, AND SPLIT SHIFT PAY FOR RETAIL, FOOD 
              SERVICE, CLEANING, HOSPITALITY, WAREHOUSE, OR SECRETARY'S 
              DESIGNATED EMPLOYEES.

    (a) Advance Notice Requirement.--
            (1) Providing notice of work schedules.--
                    (A) In general.--An employer shall provide a 
                retail, food service, cleaning, hospitality, or 
                warehouse employee, or Secretary's designated employee, 
                with the work schedule of the employee--
                            (i) not less than 14 days before the first 
                        day of such work schedule; or
                            (ii) in the case of a new retail, food 
                        service, cleaning, hospitality, or warehouse 
                        employee, or Secretary's designated employee, 
                        on or before the first day of work of such 
                        employee.
                    (B) Compensation for failure to provide notice of 
                work schedule.--An employer that violates subparagraph 
                (A) shall compensate each affected employee in the 
                amount of $75 per day that a work schedule is not 
                provided in violation of such subparagraph.
                    (C) Work schedule change.--An employer may make a 
                work schedule change for the work schedule of a retail, 
                food service, cleaning, hospitality, or warehouse 
                employee, or Secretary's designated employee, provided 
                in accordance with subparagraph (A) if--
                            (i) such work schedule change is made not 
                        less than 14 days prior to the first day on 
                        which the change is to take effect; or
                            (ii) the employer provides predictability 
                        pay for such change in accordance with 
                        subsection (b).
                    (D) Minimum expected work hours.--
                            (i) In general.--An employer shall inform a 
                        retail, food service, cleaning, hospitality, or 
                        warehouse employee, or Secretary's designated 
                        employee, of an estimate of the minimum number 
                        of expected work hours the employee will be 
                        assigned to work per month for the following 
                        12-month period--
                                    (I) in the case of a new retail, 
                                food service, cleaning, hospitality, or 
                                warehouse employee, or Secretary's 
                                designated employee, on or before the 
                                first day of work of such employee; or
                                    (II) in the case of a retail, food 
                                service, cleaning, hospitality, or 
                                warehouse employee, or Secretary's 
                                designated employee, who is employed by 
                                the employer on the date of enactment 
                                of this Act, not later than 90 days 
                                after such date.
                            (ii) Updating minimum expected work 
                        hours.--An employer shall, not less than once 
                        each year, provide each employee an updated 
                        estimate of the minimum number of expected work 
                        hours the employee will be assigned to work per 
                        month for the following 12-month period. Such a 
                        revised estimate shall be provided not later 
                        than the earlier of (as applicable)--
                                    (I) 1 year after the date on which 
                                the estimate was provided under clause 
                                (i) or the most recent update of an 
                                estimate was provided under this 
                                clause; or
                                    (II) the day before the effective 
                                date of a significant change to the 
                                minimum expected work hours of the 
                                employee due to changes in the 
                                availability of the employee or to the 
                                business needs of the employer.
            (2) Notifications in writing.--The notifications required 
        under subparagraphs (A) and (D) of paragraph (1) shall be made 
        to the employee involved in writing.
            (3) Schedule posting requirement.--
                    (A) In general.--Every employer employing any 
                retail, food service, cleaning, hospitality, or 
                warehouse employee, or Secretary's designated employee, 
                shall post a copy of the work schedule of each such 
                employee and keep it posted in a conspicuous place in 
                every establishment where such employee is employed so 
                as to permit the employee involved to readily observe 
                the copy. Availability of that schedule by electronic 
                means accessible to all retail, food service, cleaning, 
                hospitality, or warehouse employees, or Secretary's 
                designated employees, of that employer shall be 
                considered compliance with this subparagraph.
                    (B) Right to decline.--A retail, food service, 
                cleaning, hospitality, or warehouse employee, or 
                Secretary's designated employee, may decline, without 
                penalty, to work any hours not included in the work 
                schedule posted under subparagraph (A) as work hours 
                for the employee.
                    (C) Consent.--Except as described in subsection 
                (b)(2), if a retail, food service, cleaning, 
                hospitality, or warehouse employee, or Secretary's 
                designated employee, voluntarily consents to work any 
                hours not posted under subparagraph (A), such consent 
                must be recorded in writing.
            (4) Rule of construction.--Nothing in this subsection shall 
        be construed to prohibit an employer from--
                    (A) providing greater advance notice of the work 
                schedule of a retail, food service, cleaning, 
                hospitality, or warehouse employee, or Secretary's 
                designated employee, than is required under this 
                subsection; or
                    (B) using any means, in addition to the written 
                means required under paragraph (2), of notifying a 
                retail, food service, cleaning, hospitality, or 
                warehouse employee, or Secretary's designated employee, 
                of the work schedule of the employee.
    (b) Predictability Pay for Work Schedule Changes Made With Less 
Than 14 Days' Notice.--
            (1) In general.--Except as provided in paragraph (2), for 
        each work schedule change provided to a retail, food service, 
        cleaning, hospitality, or warehouse employee, or Secretary's 
        designated employee, that occurs less than 14 days prior to the 
        first day on which the change is to take effect, the employer 
        of the affected employee shall be required to provide the 
        affected employee with pay (referred to in this subsection as 
        ``predictability pay'') at the following rates:
                    (A) The employee's regular rate of pay per hour 
                that the employee works plus one additional hour at 
                such regular rate per work schedule change if the 
                employer--
                            (i) adds any hours to the hours the 
                        employee is scheduled to work under subsection 
                        (a); or
                            (ii) changes the date, time, or location of 
                        the work shift the employee is scheduled to 
                        work under subsection (a) with no loss of 
                        hours.
                    (B) Not less than \1/2\ times the employee's 
                regular rate of pay per hour for any hour that the 
                employee is scheduled to work under subsection (a) and 
                does not work due to the employer reducing or canceling 
                such scheduled hours of work.
            (2) Exceptions to predictability pay.--An employer shall 
        not be required to pay predictability pay under paragraph (1), 
        or to obtain written consent pursuant to subsection (a)(3)(C), 
        under any of the following circumstances:
                    (A) A retail, food service, cleaning, hospitality, 
                or warehouse employee, or Secretary's designated 
                employee, requests a shift change in writing, including 
                through the use of sick leave, vacation leave, or any 
                other leave policy offered by the employer.
                    (B) A schedule change is the result of a mutually 
                agreed upon shift trade or coverage arrangement between 
                retail, food service, cleaning, hospitality, or 
                warehouse employees, or Secretary's designated 
                employees, subject to any policy of the employer 
                regarding required conditions for employees to exchange 
                shifts.
                    (C) The employer's operations cannot begin or 
                continue due to--
                            (i) a threat to the property of an employee 
                        or the employer;
                            (ii) the failure of a public utility or the 
                        shutdown of public transportation;
                            (iii) a fire, flood, or other natural 
                        disaster;
                            (iv) a state of emergency declared by the 
                        President of the United States or by the 
                        Governor of the State, or the mayor of the 
                        city, in which the operations are located; or
                            (v) a severe weather condition that poses a 
                        threat to employee safety.
    (c) Split Shift Pay Requirement.--An employer shall pay a retail, 
food service, cleaning, hospitality, or warehouse employee, or 
Secretary's designated employee, for 1 additional hour at the 
employee's regular rate of pay for each day during which the employee 
works a split shift.
    (d) Pay Stub Transparency.--Any pay provided to an employee 
pursuant to subsection (a), (b), or (c) (referred to in this subsection 
as ``additional pay'') shall be included in the employee's regular 
paycheck. The employer shall identify, in the corresponding written 
wage statement or pay stub, the total number of hours of additional pay 
provided for the pay period involved and whether the additional pay was 
due to the requirements of subsection (a), the requirements of 
subsection (b), or the requirements of subsection (c).

SEC. 5. RIGHT TO REST BETWEEN WORK SHIFTS.

    (a) In General.--An employee employed by a covered employer may 
decline, without penalty, to work any work shift or on-call shift that 
is scheduled or otherwise occurs--
            (1) less than 11 hours after the end of the work shift or 
        on-call shift for the previous day; or
            (2) during the 11 hours following the end of a work shift 
        or on-call shift that spanned 2 days.
    (b) Consent.--
            (1) In general.--A covered employer shall obtain written 
        consent from an employee in order for the employee to work any 
        shift described in subsection (a). Such consent may be for each 
        such shift or for multiple shifts.
            (2) Revocation.--An employee may revoke the consent 
        provided under paragraph (1), in writing, at any time during 
        the employment.
    (c) Compensation.--For each instance that an employee employed by a 
covered employer works a shift described in subsection (a), the covered 
employer shall compensate the employee at 1.5 times the employee's 
scheduled rate of pay for the hours worked that are less than 11 hours 
apart from the hours worked during the previous shift.

SEC. 6. PROHIBITED ACTS.

    (a) Interference With Rights.--It shall be unlawful for any 
employer to interfere with, restrain, or deny the exercise or the 
attempt to exercise, any right of--
            (1) an employee as set forth in section 3;
            (2) a retail, food service, cleaning, hospitality, or 
        warehouse employee, or Secretary's designated employee, as set 
        forth in section 4; or
            (3) an employee of a covered employer as set forth in 
        section 5.
    (b) Retaliation Prohibited.--It shall be unlawful for any employer 
to discharge, threaten to discharge, demote, suspend, reduce work hours 
of, or take any other adverse employment action against any employee in 
retaliation for exercising the rights of an employee under this Act or 
opposing any practice made unlawful by this Act. For purposes of 
section 3, such retaliation shall include taking an adverse employment 
action against any employee on the basis of that employee's request for 
a change in work schedule, or because of an employee's eligibility or 
perceived eligibility to request or receive a change in the terms and 
conditions of employment, as described in such section, on the basis of 
a reason set forth in section 3(c).
    (c) Interference With Proceedings or Inquiries.--It shall be 
unlawful for any person to discharge or in any other manner 
discriminate against any individual because such individual--
            (1) has filed any charge, or has instituted or caused to be 
        instituted any proceeding, under or related to this Act;
            (2) has given or is about to give, any information in 
        connection with any inquiry or proceeding relating to any right 
        provided under this Act; or
            (3) has testified, or is about to testify, in any inquiry 
        or proceeding relating to any right provided under this Act.

SEC. 7. REMEDIES AND ENFORCEMENT.

    (a) Investigative Authority.--
            (1) In general.--To ensure compliance with this Act, or any 
        regulation or order issued under this Act, the Secretary shall 
        have, subject to paragraph (3), the investigative authority 
        provided under section 11(a) of the Fair Labor Standards Act of 
        1938 (29 U.S.C. 211(a)).
            (2) Obligation to keep and preserve records.--Each employer 
        shall make, keep, and preserve records pertaining to compliance 
        with this Act in accordance with regulations issued by the 
        Secretary under section 9.
            (3) Required submissions generally limited to an annual 
        basis.--The Secretary shall not require, under the authority of 
        this subsection, any employer to submit to the Secretary any 
        books or records more than once during any 12-month period, 
        unless the Secretary has reasonable cause to believe there may 
        exist a violation of this Act or any regulation or order issued 
        pursuant to this Act, or is investigating a charge pursuant to 
        subsection (c).
            (4) Subpoena powers.--For the purposes of any investigation 
        provided for in this section, the Secretary shall have the 
        subpoena authority provided for under section 9 of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 209).
    (b) Civil Action by Employees.--
            (1) Liability.--
                    (A) In general.--Any employer who violates section 
                6(a)(2) (with respect to a right set forth in 
                subsection (a), (b), or (c) of section 4), section 5, 
                or subsection (b) or (c) of section 6 (each such 
                provision referred to in this section as a ``covered 
                provision'') shall be liable to any employee affected 
                for--
                            (i) damages equal to the amount of--
                                    (I) any wages, salary, employment 
                                benefits (as defined in section 101 of 
                                the Family and Medical Leave Act of 
                                1993 (29 U.S.C. 2611)), or other 
                                compensation denied, lost, or owed to 
                                such employee by reason of the 
                                violation; or
                                    (II) in a case in which wages, 
                                salary, employment benefits (as so 
                                defined), or other compensation have 
                                not been denied, lost, or owed to the 
                                employee, any actual monetary losses 
                                sustained by the employee as a direct 
                                result of the violation;
                            (ii) interest on the amount described in 
                        clause (i) calculated at the prevailing rate;
                            (iii) except as described in subparagraph 
                        (B), an additional amount as liquidated damages 
                        equal to the sum of the amount described in 
                        clause (i) and the interest described in clause 
                        (ii); and
                            (iv) such equitable relief as may be 
                        appropriate, including employment, 
                        reinstatement, and promotion.
                    (B) Exception for liquidated damages.--If an 
                employer who has violated a covered provision proves to 
                the satisfaction of the court that the act or omission 
                which violated the covered provision was in good faith 
                and that the employer had reasonable grounds for 
                believing that the act or omission was not a violation 
                of a covered provision, such court may, in the 
                discretion of the court, waive such liquidated damages.
            (2) Right of action.--An action to recover the damages, 
        interest, or equitable relief set forth in paragraph (1) may be 
        maintained against any employer (including a public agency) in 
        any Federal or State court of competent jurisdiction by any one 
        or more employees for and on behalf of--
                    (A) the employees; or
                    (B) the employees and any other employees similarly 
                situated.
            (3) Fees and costs.--The court in such an action shall, in 
        addition to any judgment awarded to the plaintiff, allow a 
        reasonable attorney's fee, reasonable expert witness fees, and 
        other costs of the action to be paid by the defendant.
            (4) Limitations.--The right provided by paragraph (2) to 
        bring an action by or on behalf of any employee shall terminate 
        on the filing of a complaint by the Secretary in an action 
        under subsection (c)(4) in which a recovery is sought of the 
        damages, interest, or equitable relief described in paragraph 
        (1)(A) owing to an employee by an employer liable under 
        paragraph (1) unless the action described is dismissed without 
        prejudice on motion of the Secretary.
    (c) Actions by the Secretary.--
            (1) Administrative action.--The Secretary shall receive, 
        investigate, and attempt to resolve complaints of violations of 
        this Act 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), and may issue an order making 
        determinations, and assessing a civil penalty described in 
        paragraph (3) (in accordance with paragraph (3)), with respect 
        to such an alleged violation.
            (2) Administrative review.--An affected person who takes 
        exception to an order issued under paragraph (1) may request 
        review of and a decision regarding such an order by an 
        administrative law judge. In reviewing the order, the 
        administrative law judge may hold an administrative hearing 
        concerning the order, in accordance with the requirements of 
        sections 554, 556, and 557 of title 5, United States Code. Such 
        hearing shall be conducted expeditiously. If no affected person 
        requests such review within 60 days after the order is issued 
        under paragraph (1), the order shall be considered to be a 
        final order that is not subject to judicial review.
            (3) Civil penalty.--An employer who willfully and 
        repeatedly violates--
                    (A) section 4 or 5 shall be subject to a civil 
                penalty in an amount to be determined by the Secretary, 
                but not to exceed $100 per violation; and
                    (B) subsection (b) or (c) of section 6 shall be 
                subject to a civil penalty in an amount to be 
                determined by the Secretary, but not to exceed $1,100 
                per violation.
            (4) Civil action.--The Secretary may bring an action in any 
        court of competent jurisdiction on behalf of aggrieved 
        employees to--
                    (A) restrain violations of this Act;
                    (B) award such equitable relief as may be 
                appropriate, including employment, reinstatement, and 
                promotion; and
                    (C) in the case of a violation of a covered 
                provision, recover the damages and interest described 
                in clauses (i) through (iii) of subsection (b)(1)(A).
    (d) Limitation.--
            (1) In general.--Except as provided in paragraph (2), an 
        action may be brought under this section not later than 2 years 
        after the date of the last event constituting the alleged 
        violation for which the action is brought.
            (2) Willful violation.--In the case of such action brought 
        for a willful violation of section 6, 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.
            (3) Commencement.--In determining when an action is 
        commenced by the Secretary or by an employee under this section 
        for the purposes of this subsection, it shall be considered to 
        be commenced on the date when the complaint is filed.
    (e) Other Administrative Officers.--
            (1) Board.--In the case of employees described in section 
        2(9)(C), the authority of the Secretary under this Act shall be 
        exercised by the Board of Directors of the Office of 
        Congressional Workplace Rights.
            (2) President; merit systems protection board.--In the case 
        of employees described in section 2(9)(D), the authority of the 
        Secretary under this Act shall be exercised by the President 
        and the Merit Systems Protection Board.
            (3) Office of personnel management.--In the case of 
        employees described in section 2(9)(E), the authority of the 
        Secretary under this Act shall be exercised by the Office of 
        Personnel Management.
            (4) Librarian of congress.--In the case of employees of the 
        Library of Congress, the authority of the Secretary under this 
        Act shall be exercised by the Librarian of Congress.
            (5) Comptroller general.--In the case of employees of the 
        Government Accountability Office, the authority of the 
        Secretary under this Act shall be exercised by the Comptroller 
        General of the United States.

SEC. 8. NOTICE AND POSTING.

    (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 prepared or approved by the Secretary (or, as applicable, 
the corresponding administrative officer specified in section 7(e)) 
setting forth excerpts from, or summaries of, the pertinent provisions 
of this Act and information pertaining to the filing of a complaint 
under this Act.
    (b) Penalty.--Any employer that willfully violates this section may 
be assessed a civil money penalty not to exceed $100 for each separate 
offense.

SEC. 9. REGULATIONS.

    (a) Secretary of Labor.--
            (1) In general.--Except as provided in subsections (b) 
        through (f), not later than 180 days after the date of 
        enactment of this Act, the Secretary shall issue such 
        regulations as may be necessary to implement this Act.
            (2) Regulations regarding additional occupations to be 
        covered.--
                    (A) In general.--In carrying out paragraph (1), the 
                Secretary shall issue regulations that specify a 
                process the Secretary will follow, in accordance with 
                subparagraph (B), to identify and designate occupations 
                in addition to retail, food service, cleaning, 
                hospitality, or warehouse occupations that are 
                appropriate for coverage under section 4. Nonexempt 
                employees in occupations designated under this 
                subparagraph shall be Secretary's designated employees.
                    (B) Criteria.--The regulations under subparagraph 
                (A) shall provide that the Secretary shall so designate 
                an additional occupation--
                            (i) in which not less than 10 percent of 
                        workers employed in the occupation generally--
                                    (I) receive advance notice of their 
                                work schedules less than 14 days before 
                                the first day of the work schedules; or
                                    (II) experience fluctuations in the 
                                number of hours the employees are 
                                scheduled to work on a daily, weekly, 
                                or monthly basis; or
                            (ii) for which the Secretary determines 
                        such designation is appropriate.
                    (C) Data review.--In issuing regulations under 
                subparagraph (A), the Secretary shall specify the 
                process by which the Department of Labor will review 
                data from stakeholders, and data collected or generated 
                by the Department, in designating occupations.
    (b) Board.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Board of Directors of the Office of 
        Congressional Workplace Rights shall issue such regulations as 
        may be necessary to implement this Act with respect to 
        employees described in section 2(9)(C). The procedures 
        applicable to regulations of the Board issued for the 
        implementation of the Congressional Accountability Act of 1995 
        (2 U.S.C. 1301 et seq.), prescribed in section 304 of that Act 
        (2 U.S.C. 1384), shall be the procedures applicable to 
        regulations issued under this subsection.
            (2) Consideration.--In prescribing the regulations, the 
        Board shall take into consideration the enforcement and 
        remedies provisions concerning the Office, and applicable to 
        rights and protections under the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2601 et seq.), under the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
            (3) Modifications.--The regulations issued under paragraph 
        (1) to implement this Act shall be the same as substantive 
        regulations issued by the Secretary to implement this Act, 
        except to the extent that the Board may determine, for good 
        cause shown and stated together with the regulations issued by 
        the Board, that a modification of such substantive regulations 
        would be more effective for the implementation of the rights 
        and protections under this Act with respect to the employees 
        described in section 2(9)(C).
    (c) President.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the President shall issue such 
        regulations as may be necessary to implement this Act with 
        respect to employees described in section 2(9)(D).
            (2) Consideration.--In prescribing the regulations, the 
        President shall take into consideration the enforcement and 
        remedies provisions concerning the President and the Merit 
        Systems Protection Board, and applicable to rights and 
        protections under the Family and Medical Leave Act of 1993, 
        under chapter 5 of title 3, United States Code.
            (3) Modifications.--The regulations issued under paragraph 
        (1) to implement this Act shall be the same as substantive 
        regulations issued by the Secretary to implement this Act, 
        except to the extent that the President may determine, for good 
        cause shown and stated together with the regulations issued by 
        the President, that a modification of such substantive 
        regulations would be more effective for the implementation of 
        the rights and protections under this Act with respect to the 
        employees described in section 2(9)(D).
    (d) Office of Personnel Management.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Office of Personnel Management shall 
        issue such regulations as may be necessary to implement this 
        Act with respect to employees described in section 2(9)(E).
            (2) Consideration.--In prescribing the regulations, the 
        Office shall take into consideration the enforcement and 
        remedies provisions concerning the Office under subchapter V of 
        chapter 63 of title 5, United States Code.
            (3) Modifications.--The regulations issued under paragraph 
        (1) to implement this Act shall be the same as substantive 
        regulations issued by the Secretary to implement this Act, 
        except to the extent that the Office may determine, for good 
        cause shown and stated together with the regulations issued by 
        the Office, that a modification of such substantive regulations 
        would be more effective for the implementation of the rights 
        and protections under this Act with respect to the employees 
        described in section 2(9)(E).
    (e) Librarian of Congress.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Librarian of Congress shall issue 
        such regulations as may be necessary to implement this Act with 
        respect to employees of the Library of Congress.
            (2) Consideration.--In prescribing the regulations, the 
        Librarian shall take into consideration the enforcement and 
        remedies provisions concerning the Librarian of Congress under 
        title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 
        2611 et seq.).
            (3) Modifications.--The regulations issued under paragraph 
        (1) to implement this Act shall be the same as substantive 
        regulations issued by the Secretary to implement this Act, 
        except to the extent that the Librarian may determine, for good 
        cause shown and stated together with the regulations issued by 
        the Librarian, that a modification of such substantive 
        regulations would be more effective for the implementation of 
        the rights and protections under this Act with respect to 
        employees of the Library of Congress.
    (f) Comptroller General.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General shall issue such 
        regulations as may be necessary to implement this Act with 
        respect to employees of the Government Accountability Office.
            (2) Consideration.--In prescribing the regulations, the 
        Comptroller General shall take into consideration the 
        enforcement and remedies provisions concerning the Comptroller 
        General under title I of the Family and Medical Leave Act of 
        1993 (29 U.S.C. 2611 et seq.).
            (3) Modifications.--The regulations issued under paragraph 
        (1) to implement this Act shall be the same as substantive 
        regulations issued by the Secretary to implement this Act, 
        except to the extent that the Comptroller General may 
        determine, for good cause shown and stated together with the 
        regulations issued by the Comptroller General, that a 
        modification of such substantive regulations would be more 
        effective for the implementation of the rights and protections 
        under this Act with respect to employees of the Government 
        Accountability Office.

SEC. 10. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM AND 
              SURVEYS.

    (a) In General.--The Secretary shall provide information and 
technical assistance to employers, labor organizations, and the general 
public concerning compliance with this Act.
    (b) Program.--In order to achieve the objectives of this Act--
            (1) the Secretary, acting through the Administrator of the 
        Wage and Hour Division of the Department of Labor, shall issue 
        guidance on compliance with this Act regarding providing a 
        flexible, predictable, or stable work environment through 
        changes in the terms and conditions of employment as provided 
        in section 3(a); and
            (2) the Secretary shall carry on a continuing program of 
        research, education, and technical assistance, including--
                    (A)(i) conducting pilot programs that implement 
                fairer work schedules, including by promoting cross 
                training, providing 3 weeks or more advance notice of 
                schedules, providing employees with a minimum number of 
                hours of work, and using electronic workforce 
                management systems to provide more flexible, 
                predictable, and stable schedules for employees; and
                    (ii) evaluating the results of such pilot programs 
                for employees, employee's families, and employers;
                    (B) publishing and otherwise making available to 
                employers, labor organizations, professional 
                associations, educational institutions, the various 
                communication media, and the general public the 
                findings of studies regarding fair work scheduling 
                policies and other materials for promoting compliance 
                with this Act;
                    (C) sponsoring and assisting State and community 
                informational and educational programs; and
                    (D) providing technical assistance to employers, 
                labor organizations, professional associations, and 
                other interested persons on means of achieving and 
                maintaining compliance with the provisions of this Act.
    (c) Current Population Survey.--The Secretary, acting through the 
Commissioner of the Bureau of Labor Statistics, and the Director of the 
Bureau of the Census shall--
            (1) include in the Current Population Survey questions on--
                    (A) the magnitude of fluctuation in the number of 
                hours the employee is scheduled to work on a daily, 
                weekly, or monthly basis;
                    (B) the extent of advance notice an employee 
                receives of the employee's work schedule;
                    (C) the extent to which an employee has input in 
                the employee's work schedule; and
                    (D) the number of hours that an employee would 
                prefer to work, relative to the number of hours the 
                employee is currently working; and
            (2) at regular intervals, update and conduct the Contingent 
        Worker Supplement, the Work Schedules and Work at Home 
        Supplement, and other relevant supplements (as determined by 
        the Secretary), to the Current Population Survey and the 
        American Time Use Survey.

SEC. 11. RIGHTS RETAINED BY EMPLOYEES.

    This Act provides minimum requirements and shall not be construed 
to preempt, limit, or otherwise affect the applicability of any other 
law, requirement, policy, or standard that provides for greater rights 
for employees than are required in this Act.

SEC. 12. EXEMPTION.

    This Act shall not apply to any employee covered by a valid 
collective bargaining agreement if--
            (1) the terms of the collective bargaining agreement 
        include terms that govern work scheduling practices; and
            (2) the provisions of this Act are expressly waived in such 
        collective bargaining agreement.

SEC. 13. EFFECT ON OTHER LAW.

    (a) In General.--Nothing in this Act shall be construed as 
superseding, or creating or imposing any requirement in conflict with, 
any Federal, State, or local regulation or other law (including the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), the 
National Labor Relations Act (29 U.S.C. 151 et seq.), the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.), and title VII of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)).
    (b) Relationship to Collective Bargaining Rights.--Nothing in this 
Act (including section 12) shall be construed to diminish or impair the 
rights of an employee under any valid collective bargaining agreement.
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