Title: Emergency Limitation Periods Extensions for Workers Act
Policy area: Labor and Employment

Summary:
Emergency Limitation Periods Extensions for Workers Act
This bill extends the limitation period for filing specified claims or complaints under federal labor or employment laws that overlap with the COVID-19 (i.e., coronavirus disease 2019) public health emergency. For such an overlap, the filing limitation period is extended for 90 days beginning on the date after the public health emergency ends plus the number of days of overlap between the initial limitation period and the public health emergency.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3849 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3849

  To extend limitation periods for labor and employment laws, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 2020

   Ms. Warren (for herself, Mrs. Murray, Ms. Smith, Ms. Baldwin, Mr. 
   Blumenthal, Mr. Brown, Mr. Cardin, Ms. Harris, and Ms. Klobuchar) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To extend limitation periods for labor and employment laws, 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.

    This Act may be cited as the ``Emergency Limitation Periods 
Extensions for Workers Act''.

SEC. 2. EXTENDING LIMITATION PERIODS FOR LABOR AND EMPLOYMENT LAWS.

    (a) Definitions.--In this section:
            (1) COVID-19 public health emergency period.--The term 
        ``COVID-19 public health emergency period'' means the period--
                    (A) beginning on the first date of the public 
                health emergency declared by the Secretary of Health 
                and Human Services under section 319 of the Public 
                Health Service Act (42 U.S.C. 247d) on January 31, 
                2020, with respect to COVID-19; and
                    (B) ending on the date on which the declaration 
                (including any renewal) terminates.
            (2) Labor or employment law.--The term ``labor or 
        employment law'' means--
                    (A) the Fair Labor Standards Act of 1938 (29 U.S.C. 
                201 et seq.);
                    (B) subchapter IV of chapter 31 of title 40, United 
                States Code (commonly known as the ``Davis-Bacon 
                Act'');
                    (C) the Portal-to-Portal Act of 1974 (29 U.S.C. 251 
                et seq.), for violations of the Fair Labor Standards 
                Act of 1938 or subchapter IV of chapter 31 of title 40, 
                United States Code;
                    (D) the Occupational Safety and Health Act of 1970 
                (29 U.S.C. 651 et seq.);
                    (E) the Migrant and Seasonal Agricultural Worker 
                Protection Act (29 U.S.C. 1801 et seq.);
                    (F) the National Labor Relations Act (29 U.S.C. 151 
                et seq.);
                    (G) chapter 67 of title 41, United States Code 
                (commonly known as the ``Service Contract Act of 
                1965'');
                    (H) section 2415 of title 28, United States Code, 
                for violations of chapter 67 of title 41, United States 
                Code;
                    (I) title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.);
                    (J) the Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 621 et seq.);
                    (K) title I and section 503, for violations with 
                respect to that title, of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 
                12203);
                    (L) title V of the Rehabilitation Act of 1973 (29 
                U.S.C. 791 et seq.), for violations with respect to 
                sections 501 and 503 of that title (29 U.S.C. 791, 
                793);
                    (M) title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.);
                    (N) sections 1977 and 1979 of the Revised Statutes 
                (42 U.S.C. 1981, 1983);
                    (O) chapter 43 of title 38, United States Code, for 
                violations with respect to sections 4311, 4312, 4313, 
                4316, 4317, and 4318 of that title;
                    (P) title I of the Family and Medical Leave Act of 
                1993 (29 U.S.C. 2601 et seq.) and the Emergency Family 
                and Medical Leave Expansion Act (29 U.S.C. 2612, 2620 
                note);
                    (Q) title 5, United States Code, for violations 
                with respect to subchapter V of chapter 63 of that 
                title;
                    (R) the Emergency Paid Sick Leave Act (29 U.S.C. 
                2601 note);
                    (S) the Government Employee Rights Act of 1991 (42 
                U.S.C. 2000e-16a et seq.);
                    (T) the Congressional Accountability Act of 1995 (2 
                U.S.C. 1301 et seq.), for violations described in 
                sections 201, 202, 203, 206, 208, 215, and 220, and the 
                Genetic Information Nondiscrimination Act of 2008; and
                    (U) chapter 5 of title 3, United States Code, for 
                violations described in sections 411, 412, 413, 416, 
                417, 425, and 431 and the Genetic Information 
                Nondiscrimination Act of 2008.
    (b) In General.--
            (1) Overlap interval.--In this subsection, the term 
        ``overlap interval'' means the interval of an overlap between--
                    (A) any limitations period for filing a claim, 
                charge, filing, or other request for a Federal agency 
                proceeding or complaint for a civil action under a 
                labor or employment law; and
                    (B) a COVID-19 public health emergency period.
            (2) Extensions of limitations period.--Notwithstanding any 
        provision of an Act or title described in subsection (a)(2), or 
        any other provision of law, if there is an overlap described in 
        paragraph (1)(A) involving a limitations period described in 
        that paragraph, the limitations period shall be--
                    (A) extended to run through the 90th day after the 
                last day of the COVID-19 public health emergency 
                period; and
                    (B) extended again by the length of the overlap 
                interval.
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