[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3256 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3256

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2020

   Ms. Warren (for herself, Mr. Blumenthal, Mrs. Gillibrand, Mr. Van 
Hollen, Ms. Baldwin, Mr. Brown, Mr. Durbin, Ms. Harris, Mr. Cardin, Mr. 
    Reed, Mr. Booker, Mrs. Feinstein, Mr. Markey, Mr. Sanders, Mr. 
 Whitehouse, Mr. Murphy, Ms. Klobuchar, Ms. Duckworth, Mr. Leahy, Mr. 
     Schumer, Ms. Hirono, Mr. Merkley, Mr. Wyden, and Mrs. Murray) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
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 64 percent of 
        families in the United States.
            (2) Despite the dual responsibilities of today's workforce, 
        both hourly and salaried workers often have little ability to 
        make changes to their work schedules when those changes are 
        needed to accommodate family responsibilities.
            (3)(A) Mothers working in low-wage jobs are more likely to 
        be the primary or sole breadwinner for their families than 
        mothers working in higher-wage jobs. For example, nearly 7 in 
        10 mothers in the one-fifth of households in the United States 
        with the lowest incomes bring home all or most of their 
        families' income, compared to less than one-third of their 
        counterparts in the highest-income quintile.
            (B) At the same time, low-wage workers have the least 
        control over their work schedules and the most unpredictable 
        schedules. Across industries, more than half (55 percent) of 
        low-paid hourly workers report that they receive a week or less 
        of notice of their work schedules, and nearly two-thirds (65 
        percent) report that their employer controls the timing of 
        their work hours. 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, surveys of nearly 30,000 hourly 
        workers employed by the 80 largest retail and food service 
        chains in the United States show that--
                    (i) about two-thirds of hourly retail and food 
                service workers receive their work schedules with less 
                than 2 weeks' advance notice;
                    (ii) more than one in 4 hourly retail and food 
                service workers have been scheduled for on-call shifts, 
                and half have worked ``clopening'' shifts; and
                    (iii) only one in 5 hourly retail and food service 
                workers report working a regular daytime schedule.
            (4) Unfair work scheduling practices make it difficult for 
        low-wage 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) 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. These 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. Workers of color are 
        also more likely than their White counterparts, even compared 
        to White coworkers at the same company, to experience unstable 
        work schedules. For example:
                    (A) Unstable work schedules lead to more household 
                economic strain and time conflicts, and hurt the well-
                being of parents. While household economic strain, time 
                conflicts, and the well-being of parents may all 
                negatively impact the health and behavior of a child, a 
                parent's well-being is the most significant factor in 
                determining the behavior and health outcomes of a 
                child. The more severe the work schedule instability, 
                the worse the child's behavior and health outcomes.
                    (B) 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.
                    (C) Work schedule instability causes more work-
                family conflict, which increases the chance that a 
                worker will be forced to leave his or her job. This 
                turnover is associated with downward mobility of the 
                worker's earnings.
                    (D)(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.
                    (E) Workers who receive shorter advanced notice, 
                those who work on-call shifts, those who experience 
                last minute shift cancellation and timing changes, and 
                those with more volatile work hours are more likely to 
                experience hunger, residential hardships, and more 
                overall economic hardship.
            (6) 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.
            (7) 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.
            (8) 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.

    As used 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 the corresponding administrative 
                officer specified in section 9).
            (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) 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.
            (15) Hospitality establishment.--The term ``hospitality 
        establishment'' means a hotel, motel, inn, or similar transient 
        lodging establishment.
            (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) Building 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 regular 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) either granting or denying the request;
                    (B) in the event of a denial, 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
                    (C) in the event of a denial, 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 PREDICTABILITY PAY, SPLIT SHIFT PAY, AND 
              ADVANCE NOTICE OF WORK SCHEDULES FOR RETAIL, FOOD 
              SERVICE, CLEANING, HOSPITALITY, WAREHOUSE, OR SECRETARY'S 
              DESIGNATED EMPLOYEES.

    (a) Advance Notice Requirement.--
            (1) Initial schedule.--On or before the first day of work 
        for a new retail, food service, cleaning, hospitality, or 
        warehouse employee, or Secretary's designated employee, the 
        employer shall inform the employee of the work schedule of the 
        employee and the minimum number of expected work hours the 
        employee will be assigned to work per month.
            (2) Providing notice of new schedules.--
                    (A) In general.--Except as provided in subsection 
                (b)(2), if the work schedule of a retail, food service, 
                cleaning, hospitality, or warehouse employee, or 
                Secretary's designated employee, changes from the work 
                schedule of which the employee was informed pursuant to 
                paragraph (1), the employer shall provide the employee 
                with the new work schedule of the employee not less 
                than 14 days before the first day of the new work 
                schedule. Such a change shall include a change in the 
                number of hours of work for which an employee is 
                assigned.
                    (B) Compensation for failure to provide timely 
                notice.--An employer that violates subparagraph (A) 
                shall compensate each affected employee in the amount 
                of $75 per day that the new work schedule is not 
                provided.
            (3) Notifications in writing.--The notifications of the 
        work schedules required under paragraphs (1) and (2) shall be 
        made to the employee involved in writing.
            (4) 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 observe readily 
                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 to work 
                any hours not included in the work schedule posted 
                under subparagraph (A) as work hours for the employee.
                    (C) Consent.--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.
            (5) 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 (3), 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 for Work Schedule Changes Made With Less Than 14 
Days' Notice.--
            (1) In general.--An employer may, subject to subsection (a) 
        and paragraph (2), make changes as needed to the work schedule 
        of a retail, food service, cleaning, hospitality, or warehouse 
        employee, or Secretary's designated employee, including by 
        offering additional hours of work in addition to those 
        scheduled pursuant to the requirements under subsection (a).
            (2) Predictability pay.--Except as provided in paragraph 
        (3), for each change made by an employer to a work schedule 
        provided to an employee under subsection (a) that occurs less 
        than 14 days prior to the first day on which the change is to 
        take effect, the employer 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 an additional hour at such 
                regular rate 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 one-half 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 subtracting or 
                canceling such scheduled hours of work.
            (3) Exceptions to predictability pay.--An employer shall 
        not be required to pay predictability pay under paragraph (2), 
        or to obtain written consent pursuant to subsection (a)(5), 
        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 one 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.--An employee employed by a covered employer may--
            (1) consent to work a shift described in subsection (a) in 
        writing, either for each such shift or for multiple shifts; and
            (2) may revoke such consent in writing at any time during 
        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 one and one-half 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 under the authority of this 
        subsection require 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.--Any employer who violates a section 6(a) 
        (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--
                    (A) 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;
                    (B) interest on the amount described in 
                subparagraph (A) calculated at the prevailing rate;
                    (C) an additional amount as liquidated damages 
                equal to the sum of the amount described in 
                subparagraph (A) and the interest described in 
                subparagraph (B), except that 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, reduce the amount of liability to the amount and 
                interest determined under subparagraphs (A) and (B), 
                respectively; and
                    (D) such equitable relief as may be appropriate, 
                including employment, reinstatement, and promotion.
            (2) Right of action.--An action to recover the damages 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 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 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 subparagraphs (A) through (C) of subsection (b)(1).
    (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 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 
        Compliance.
            (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 the 
corresponding administrative officer specified in section 9) 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, for purposes of 
                defining Secretary's designated employees under section 
                2(22), that specify a process the Secretary will follow 
                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 considered 
                to be Secretary's designated employees for purposes of 
                this Act.
                    (B) Criteria.--The regulations 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 the regulations, 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 
                making those designations.
    (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 
        Compliance 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 Board, and applicable to 
        rights and protections under the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2611 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.
    (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.
    (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.
    (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.
    (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.
            (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.

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; and
                    (C) the extent to which an employee has input in 
                the employee's work schedule; and
            (2) conduct at regular intervals 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.

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. 2611 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.
                                 <all>