[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5578 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5578
To extend protections to part-time workers in the areas of family and
medical leave and to ensure equitable treatment in the workplace.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2023
Ms. Schakowsky (for herself, Ms. DeLauro, Mr. Doggett, Mr. Bowman, Ms.
Porter, Mr. McGovern, Ms. Norton, Ms. Pressley, Ms. Lee of California,
Mr. Davis of Illinois, Mr. Garcia of Illinois, and Ms. Chu) introduced
the following bill; which was referred to the Committee on Education
and the Workforce, and in addition to the Committees on House
Administration, Oversight and Accountability, and the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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.
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 ``Part-Time Worker Bill of Rights
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--EXPANDING ACCESS TO BENEFITS FOR PART-TIME WORKERS
Sec. 101. Elimination of hours of service requirement for FMLA leave.
TITLE II--ENSURING FAIR TREATMENT FOR PART-TIME AND TEMPORARY WORKERS
Sec. 201. Definitions.
Sec. 202. Elimination of discrimination on the basis of hours worked.
Sec. 203. Offer of work to existing employees.
Sec. 204. Prohibited acts.
Sec. 205. Remedies and enforcement.
Sec. 206. Regulations.
TITLE I--EXPANDING ACCESS TO BENEFITS FOR PART-TIME WORKERS
SEC. 101. ELIMINATION OF HOURS OF SERVICE REQUIREMENT FOR FMLA LEAVE.
(a) Amendment.--Section 101(2)(A) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2611(2)(A)) is amended to read as follows:
``(A) In general.--The term `eligible employee'
means an employee who has been employed for at least 90
days by the employer with respect to whom leave is
requested under section 102.''.
(b) Amendments to Related Statutes.--
(1) Congressional accountability act of 1995.--Section
202(a)(2)(B) of the Congressional Accountability Act of 1995 (2
U.S.C. 1312(a)(2)(B)) is amended by striking ``12 months and
for at least 1,250 hours of employment during the previous 12
months'' and inserting ``at least 90 days''.
(2) Title 3, united states code.--Section 412(a)(2)(B) of
title 3, United States Code, is amended by striking ``12 months
and for at least 1,250 hours of employment during the previous
12 months'' and inserting ``at least 90 days''.
(3) Title 5, united states code.--Chapter 63 of title 5,
United States Code, is amended--
(A) in section 6381(1)(B), by striking ``at least
12 months of service'' and inserting ``at least 90 days
of service''; and
(B) in section 6382(d)(2)(E), by striking ``at
least 12 months of service'' and inserting ``at least
90 days of service''.
(c) Conforming Amendments.--
(1) Section 101(2) of the Family and Medical Leave Act of
1993 (29 U.S.C. 2611(2)) is amended--
(A) by striking subparagraphs (C) and (D); and
(B) by redesignating subparagraph (E) as
subparagraph (C).
(2) Section 102(a) of such Act (29 U.S.C. 2612(a)) is
amended by striking paragraph (5).
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect beginning on the date that is 1 year after
the date of enactment of this Act.
TITLE II--ENSURING FAIR TREATMENT FOR PART-TIME AND TEMPORARY WORKERS
SEC. 201. DEFINITIONS.
In this title:
(1) Employ.--The term ``employ'' has the meaning given the
term in section 3(g) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(g)).
(2) 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 covered under any of subparagraphs (B)
through (F), except that a reference in such section to
an employer shall be considered to be a reference to a
person in commerce described in paragraph (3)(A);
(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), except that such term shall not include
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; or
(F) an employee of the Government Accountability
Office.
(3) Employer.--The term ``employer''--
(A)(i) means any person in commerce that--
(I) employs more than 15 employees
described in paragraph (2)(A), which shall be
calculated by including all employees described
in paragraph (2)(A) performing work for
compensation on a full-time, part-time, or
temporary basis, 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; or
(II) is part of an integrated enterprise,
chain of businesses, group of franchises
associated with a franchisor, or network of
franchises that, in the aggregate, employs more
than 15 employees, calculated in accordance
with subclause (I);
(ii) includes--
(I) any person who acts, directly or
indirectly, in the interest of such an employer
to any of the employees (described in clause
(i)) of such employer; and
(II) any successor in interest of such an
employer; and
(iii) 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) is an entity employing a State employee
described in section 304(a) of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16c(a));
(C) is an employing office, as defined in section
101 of the Congressional Accountability Act of 1995 (2
U.S.C. 1301);
(D) is an employing office, as defined in section
411(c) of title 3, United States Code;
(E) is an employing agency covered under subchapter
V of chapter 63 of title 5, United States Code; or
(F) is the Comptroller General of the United
States.
(4) Person.--The term ``person'', except as used with the
term ``person in commerce'', has the meaning given the term in
section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(a)).
(5) Person in commerce.--
(A) In general.--The term ``person in commerce''
means any person who is engaged in commerce, in any
industry or activity affecting commerce, or in the
production of goods for commerce.
(B) Commerce.--In subparagraph (A), the term
``commerce'' includes government.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
SEC. 202. ELIMINATION OF DISCRIMINATION ON THE BASIS OF HOURS WORKED.
(a) Rule.--
(1) In general.--An employer shall not discriminate against
an employee on the basis that such employee is scheduled to
work fewer hours per week, or is employed for a shorter
expected duration, than another employee of the employer if the
jobs of such employees require substantially equal skill,
effort, responsibility, and duties and such jobs are performed
under similar working conditions.
(2) Examples.--Discrimination described in paragraph (1)
shall include differential treatment with respect to--
(A) rate of compensation;
(B) notice of, and input into, work hours;
(C) eligibility to accrue, on a pro rata basis,
employer-provided paid and unpaid time off and other
benefits;
(D) promotion opportunities; or
(E) other terms, conditions, or privileges of
employment.
(b) Distinctions Permitted.--This section shall not be construed to
prohibit differences in rate of compensation, or other conditions,
terms, or privileges of employment, of employees of an employer for
reasons other than the number of hours the employees are scheduled to
work per week, or the expected duration of employment of the employees,
including for reasons such as--
(1) the date on which the employees are hired;
(2) a merit system; or
(3) a system that measures earnings by quantity per hour or
quality of production.
SEC. 203. OFFER OF WORK TO EXISTING EMPLOYEES.
(a) Written Statements Required.--Upon hiring an employee, an
employer shall--
(1) obtain a written statement of the employee's desired
number of weekly work hours and the days and times the employee
is available to work;
(2) notify the employee that this written statement may be
modified in writing at any time during employment; and
(3) specify the process to modify the written statement.
(b) Offer of Desired Weekly Work Hours to Existing Employees.--
(1) In general.--Except as provided in paragraph (2), an
employer shall schedule an employee to work the number of
weekly hours identified by the employee as desired weekly hours
in a written statement under subsection (a) prior to hiring any
new employee from an external applicant pool, including hiring
through the use of a temporary services or staffing agency, or
contracting with a contractor or subcontractor, to work such
hours.
(2) Exceptions.--An employer may hire an individual as a
new employee, or engage a contractor or subcontractor, to
perform work for the employer if--
(A) the employer needs to fill hours for which no
existing employees who have provided written statements
under subsection (a) are available based on such
written statements;
(B) all existing employees who have provided
written statements under subsection (a) lack, and
cannot obtain with reasonable training, the
qualifications necessary to perform the work; or
(C) scheduling any such employee to perform the
work would require providing such employee overtime
compensation at a rate not less than one and one half
times the regular rate at which the employee is
employed, in accordance with section 7 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 207) or any
State law.
(c) Compensation Required.--
(1) In general.--Except as provided in paragraph (2), an
employee (referred to in this subsection as an ``existing
employee'') who is not scheduled for the desired number of
total weekly work hours identified by the employee in a written
statement under subsection (a) shall be compensated for each
hour worked by a newly hired employee, contractor, or
subcontractor hired after the existing employee so identified
such number of hours, during an hour that such existing
employee identified in a written statement under such
subsection as an hour for which the employee is available to
work.
(2) Exception.--An employer shall not be required to
compensate an existing employee under paragraph (1) for any
hour of work for which--
(A) the employee lacks, or cannot obtain with
reasonable training, the qualifications necessary to
perform the work;
(B) scheduling such employee to perform the work
would require providing the employee overtime
compensation as described in subsection (b)(2)(C);
(C) the employer made a reasonable attempt to
contact the employee to work such hour and was unable
to reach the employee; or
(D) the employee was otherwise no longer available.
(d) Definition.--For purposes of this section, the terms
``written'', with respect to a statement, and ``writing'' mean a
printed or printable communication in physical or electronic form.
SEC. 204. 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 rights set forth under this title.
(b) Retaliation Prohibited.--It shall be unlawful for any employer
to discharge, threaten to discharge, demote, suspend, reduce work hours
of, or otherwise discriminate (including taking any other adverse
employment action) against any person because of an employee of the
employer exercising the rights of the employee under this title or
opposing any practice made unlawful by this title.
(c) Interference With Proceedings or Inquiries.--It shall be
unlawful for any person to discharge or in any other manner
discriminate against an individual because such individual--
(1) has filed any charge, or has instituted or caused to be
instituted any proceeding, under or related to this title;
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this title; or
(3) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this title.
SEC. 205. REMEDIES AND ENFORCEMENT.
(a) Investigative Authority.--
(1) In general.--To ensure compliance with this title,
including any regulation or order issued under this title, 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.--
(A) In general.--Each employer shall maintain for a
period of not less than 3 years, or for the duration of
any claim (including the duration of a related civil
action or investigation) pending pursuant to this
title, whichever is longer, all records necessary to
demonstrate compliance with this title, including
compliance with the requirements of regulations issued
by the Secretary under section 206. Such records shall
include documentation of offers of hours of work to
employees and responses to such offers.
(B) Copies.--Each employer shall, upon a reasonable
request of an employee of the employer, provide the
employee with a copy of the records described in
subparagraph (A) relating to the employee.
(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 title, including any regulation or
order issued pursuant to this title, or is investigating a
charge pursuant to subsection (c).
(4) Subpoena powers.--For the purposes of any investigation
provided for in this subsection, 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
202, 203, or 204 (each such provision referred to in
this section as a ``covered provision'') shall be
liable to any person 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 provided 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, reduce the amount of liability
under subparagraph (A) to the amount, interest, and
equitable relief determined under clauses (i), (ii),
and (iv), respectively.
(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) such employees; or
(B) such 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 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 title 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 such paragraph), 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.
(3) Civil penalty.--
(A) In general.--An employer who willfully and
repeatedly violates--
(i) section 204(a) shall be subject to a
civil penalty in an amount to be determined by
the Secretary, but not to be less than $500, or
more than $1,000, per violation (subject to
subparagraph (B)); or
(ii) subsection (b) or (c) of section 204
shall be subject to a civil penalty in an
amount to be determined by the Secretary, but
not to be less than $1,100, or more than
$5,000, per violation (subject to subparagraph
(B)).
(B) Inflation.--The Secretary shall, for each year
beginning with calendar year 2024, increase the minimum
and maximum amounts for the penalties described in
clauses (i) and (ii) of subparagraph (A) by a
percentage equal to the percentage increase in the
Consumer Price Index for All Urban Consumers, published
by the Department of Labor, between December 2023 and
the December prior to the year for which the increase
takes effect.
(C) Willful violation.--For purposes of this
section, an employer willfully violates a provision of
section 204 when, after taking into account all of the
facts and circumstances surrounding the violation, it
is determined that the employer--
(i) knew that its conduct was prohibited by
such section; or
(ii) showed reckless disregard for the
requirements of such section.
(4) Civil action.--
(A) In general.--The Secretary may bring an action
in any court of competent jurisdiction on behalf of
aggrieved employees to--
(i) restrain violations of this title;
(ii) obtain such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion; and
(iii) in the case of a violation of a
covered provision, recover the damages,
interest, and equitable relief described in
clauses (i) through (iv) of subsection
(b)(1)(A).
(B) Recovery on behalf of employees.--Any sums
recovered by the Secretary under subparagraph (A) on
behalf of an employee shall be held in a special
deposit account and shall be paid, on order of the
Secretary, directly to the employee affected. Any such
sums not paid to an employee because of inability to do
so within a period of 3 years shall be deposited in the
Treasury and credited to miscellaneous receipts.
(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 204 (as described in
subsection (c)(3)), 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) Employees covered by congressional accountability act
of 1995.--The powers and procedures provided in the
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) to the Board (as defined in section 101 of that Act (2
U.S.C. 1301)), or any person, alleging a violation of section
202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the powers
and procedures this title provides to that Board, or any
person, alleging a violation of this title against an employee
described in section 201(2)(C).
(2) Employees covered by chapter 5 of title 3, united
states code.--The powers and procedures provided in chapter 5
of title 3, United States Code, to the President, the Merit
Systems Protection Board, or any person, alleging a violation
of section 412(a)(1) of that title, shall be the powers and
procedures this title provides to the President, that Board, or
any person, respectively, alleging a violation of this title
against an employee described in section 201(2)(D).
(3) Employees covered by chapter 63 of title 5, united
states code.--The powers and procedures provided in title 5,
United States Code, to an employing agency, provided in chapter
12 of that title to the Merit Systems Protection Board, or
provided in that title to any person, alleging a violation of
chapter 63 of that title, shall be the powers and procedures
this title provides to that agency, that Board, or any person,
respectively, alleging a violation of this title against an
employee described in section 201(2)(E).
(4) Comptroller general.--In the case of employees of the
Government Accountability Office, the authority of the
Secretary under this title shall be exercised by the
Comptroller General of the United States.
SEC. 206. REGULATIONS.
(a) Secretary of Labor.--Except as provided in subsections (b)
through (e), 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 title.
(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 title with respect to
employees described in section 201(2)(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 title shall be the same as substantive
regulations issued by the Secretary to implement this title,
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 title.
(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 title with
respect to employees described in section 201(2)(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 title shall be the same as substantive
regulations issued by the Secretary to implement this title,
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 title.
(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
title with respect to employees described in section 201(2)(E).
(2) Consideration.--In prescribing the regulations, the
Office shall take into consideration the enforcement and
remedies provisions concerning an employing agency and the
Merit Systems Protection Board under subchapter V of chapter 63
of title 5, United States Code.
(3) Modifications.--The regulations issued under paragraph
(1) to implement this title shall be the same as substantive
regulations issued by the Secretary to implement this title,
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 title.
(e) Comptroller General.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall issue such regulations as may be necessary to
implement this title 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 title shall be the same as substantive
regulations issued by the Secretary to implement this title,
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 title.
<all>
Part-Time Worker Bill of Rights Act
#5578 | HR Congress #118
Policy Area: Labor and Employment
Subjects:
Last Action: Referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, Oversight and Accountability, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (9/19/2023)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text