“A bill to extend protections to part-time workers in the areas of family and medical leave and to ensure equitable treatment in the workplace.”
No CRS summary available for this bill.
This section revises the definition of eligible employee under the Family and Medical Leave Act of 1993 (FMLA)—which entitles eligible employees of covered employers to up to 12 workweeks of unpaid, job-protected leave annually for specified family and medical reasons—to an employee employed for at least 90 days (from at least 12 months and 1,250 hours of employment during the previous 12 months). It makes conforming eligibility changes to statutes applying FMLA to (1) covered employees of congressional employing offices under the Congressional Accountability Act of 1995, (2) certain executive branch employees under 3 U.S.C. § 412, and (3) federal civilian employees under 5 U.S.C. §§ 6381 and 6382; strikes related subparagraphs and paragraphs in the FMLA; and sets an effective date one year after enactment.
This section defines terms for purposes of this title, drawing primarily from the Fair Labor Standards Act of 1938 (FLSA) and extending coverage to certain congressional, state, executive, federal, and Government Accountability Office (GAO) personnel as follows: (1) "Employ," as given in FLSA section 3(g) (29 U.S.C. 203(g)); (2) "Employee" (except as provided in section 205(e)), to include— (A) FLSA section 3(e) employees (29 U.S.C. 203(e)) not covered under subparagraphs (B)–(F), with "employer" deemed a "person in commerce"; (B) state employees under section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) covered employees under section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), excluding applicants for employment; (D) covered employees under 3 U.S.C. 411(c); (E) federal officers or employees under FMLA subchapter V of 5 U.S.C. chapter 63 (without regard to 5 U.S.C. 6381(1)(B)), not covered under (D); and (F) GAO employees; (3) "Employer" (except as provided in section 205(e)), to include— (A) persons in commerce (not otherwise described) employing more than 15 paragraph (2)(A) employees (full-time, part-time, or temporary; prior-year average if fluctuating; aggregated for integrated enterprises, franchise chains, or networks), agents acting in the employer's interest, successors in interest, and certain public agencies; (B)–(F) entities employing employees described in paragraph (2)(B)–(F), respectively; (4) "Person" (except as used in "person in commerce"), as given in FLSA section 3(a) (29 U.S.C. 203(a)); (5) "Person in commerce," as any person engaged in commerce (including government), affecting commerce, or producing goods for commerce; and (6) "Secretary," as the Secretary of Labor.
This section prohibits employers from discriminating against an employee scheduled to work fewer hours per week or for a shorter expected duration than another employee performing a job that requires substantially equal skill, effort, responsibility, and duties under similar working conditions. Such discrimination includes differential treatment with respect to (1) compensation rates; (2) notice of, and input into, work hours; (3) pro rata accrual of employer-provided paid or unpaid time off and other benefits; (4) promotion opportunities; or (5) other terms, conditions, or privileges of employment, except for distinctions based on factors other than scheduled hours or expected duration (e.g., hire date, merit systems, or production-based pay).
This section requires employers, upon hiring an employee, to obtain a written statement of the employee's desired weekly work hours and availability (which may be modified in writing at any time), and to specify the modification process. It further requires employers to schedule existing employees for their desired weekly hours before hiring new employees (including via temporary agencies) or engaging contractors or subcontractors to fill those hours, except where (1) no existing employees are available per their statements, (2) existing employees lack necessary qualifications (even with reasonable training), or (3) scheduling them would trigger overtime pay at 1.5 times the regular rate under FLSA section 7 (29 U.S.C. 207) or state law. Finally, it requires employers to compensate existing employees for each hour worked by such new hires, contractors, or subcontractors during the existing employees' stated availability, at the existing employees' regular rate, except where qualifications are lacking, overtime would apply, reasonable contact efforts failed, or the employee became unavailable.
This section prohibits (1) employers from interfering with, restraining, or denying the exercise of rights under this title; (2) employers from discharging, demoting, reducing hours, or otherwise discriminating against employees for exercising such rights or opposing unlawful practices under this title; and (3) any person from discriminating against an individual for filing a charge, providing information, or testifying in any proceeding or inquiry related to rights under this title.
This section establishes remedies and enforcement for employer violations of sections 202, 203, or 204. It grants the Secretary of Labor investigative authority and subpoena powers under the Fair Labor Standards Act (FLSA); requires employers to maintain compliance records for at least three years (or claim duration, whichever longer), including documentation of work-hour offers and responses, and provide employee copies upon request; and limits routine record submissions to once per 12 months absent reasonable cause. It authorizes affected employees to sue employers (including public agencies) in federal or state court, individually or collectively, for damages equal to lost wages, salary, employment benefits (as defined in the Family and Medical Leave Act), or other compensation (or actual monetary losses if none owed), plus interest, liquidated damages, and equitable relief (e.g., reinstatement), with attorney fees and costs; liquidated damages may be reduced for good faith violations. It directs the Secretary to handle complaints administratively as under FLSA sections 6-7, with administrative law judge review under the Administrative Procedure Act, and imposes civil penalties on employers for willful/repeated violations—$500-$1,000 per violation of section 204(a) or $1,100-$5,000 for section 204(b)-(c)—adjusted annually for inflation.
This section requires the Secretary of Labor, the Board of Directors of the Office of Congressional Workplace Rights, the President, the Office of Personnel Management, and the Comptroller General to issue regulations as necessary to implement this title within 180 days of enactment, covering respectively all employees except those specified in subsections (b)-(e), employees described in section 201(2)(C), employees described in section 201(2)(D), employees described in section 201(2)(E), and Government Accountability Office employees. For the Board, regulations follow procedures in section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384) (i.e., notice and adoption via Congressional Record rather than Federal Register) and must consider enforcement provisions under that Act for Family and Medical Leave Act of 1993 (FMLA) rights; all other entities must consider specified FMLA enforcement provisions applicable to their jurisdictions. Regulations issued by the Board, President, OPM, and Comptroller General must be the same as the Secretary's substantive regulations, except to the extent a modification is determined more effective for good cause, which must be shown and stated with the regulations.