[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 785 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 785

  To amend the Fair Labor Standards Act of 1938 to require paid rest 
   breaks for certain construction employees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2023

 Ms. Garcia of Texas (for herself, Ms. Porter, Ms. Chu, Ms. McCollum, 
  Mr. Garcia of Illinois, Mr. Allred, Ms. Norton, Mr. Espaillat, Mr. 
  Veasey, Mr. Green of Texas, Mr. Doggett, Ms. Tlaib, and Mr. Casar) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Fair Labor Standards Act of 1938 to require paid rest 
   breaks for certain construction 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. PAID REST BREAKS FOR CERTAIN CONSTRUCTION EMPLOYEES.

    (a) Paid Rest Break.--The Fair Labor Standards Act (29 U.S.C. 201 
et seq.) is amended by inserting after section 7 the following:

``SEC. 8. PAID REST BREAKS FOR CONSTRUCTION EMPLOYEES.

    ``(a) Requirements.--An employer shall--
            ``(1) with respect to each construction employee of such 
        employer--
                    ``(A) provide at least one 15-minute paid rest 
                break for every four hours of work to each such 
                employee; and
                    ``(B) at the time of hiring, provide notice in the 
                primary language of such employee, an explanation 
                that--
                            ``(i) such employee is entitled to the paid 
                        rest breaks described in subparagraph (A);
                            ``(ii) retaliation by such employer against 
                        such employee for requesting or taking such 
                        paid rest breaks is prohibited; and
                            ``(iii) such employee has a right to file a 
                        complaint with the Secretary for any violation 
                        of this section by such employer; and
            ``(2) display a sign, in a conspicuous and accessible 
        location, at the place of business of such employer and at the 
        applicable construction work site that includes, in both 
        English and Spanish, the information described in paragraph 
        (1)(B).
    ``(b) Posted Notice.--The Secretary shall issue regulations with 
respect to the design and content of the sign referred to in subsection 
(a)(2).
    ``(c) Retaliation Prohibited.--An employer may not take retaliatory 
personnel action or otherwise discriminate against a construction 
employee if such employee--
            ``(1) requests or takes paid rest breaks in accordance with 
        this section; or
            ``(2) files a complaint with the Secretary alleging a 
        violation of this section.
    ``(d) Interaction With Other Laws.--Nothing in this section shall 
be construed to excuse noncompliance with any Federal or State law, 
municipal ordinance, or collective bargaining agreement requiring 
longer rest breaks than those required under this section.
    ``(e) Definitions.--In this section:
            ``(1) The term `construction employee' means an individual 
        who is employed by an employer, or is hired as a contractor of 
        such an employer, to perform general construction services.
            ``(2) The term `general construction services' means the--
                    ``(A) erection of or preparation to erect a 
                structure; or
                    ``(B) remodeling, extension, repair, or demolition 
                of a structure or other improvement of real property or 
                a structure related to real property.
            ``(3) The term `rest break' means a break from work during 
        work hours, but does not include a regular meal break period 
        provided to a construction employee by an employer.''.
    (b) Penalties.--Section 16(b) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 216(b)) is amended by adding after the third sentence 
the following: ``If the Secretary makes a determination that an 
employer has violated section 8(a) of this Act, the Secretary may 
assess an administrative penalty to such employer if such employer 
fails to correct the violation not later than 30 days after the date on 
which such employer receives notice from the Secretary of such 
determination. Any employer that violates the provisions of section 
8(c) of this Act shall be liable for such legal or equitable relief as 
may be appropriate, including without limitation employment, 
reinstatement, promotion, and the payment of wages lost and an 
additional equal amount as liquidated damages.''.
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