Flexibility for Working Families Act
This bill allows an employee to request from an employer a temporary or permanent change in the terms or conditions of the employee's employment if the request relates to (1) the number of hours the employee is required to work, (2) the times when the employee is required to work or be on call for work, (3) where the employee is required to work, or (4) the amount of notification the employee receives of work schedule assignments. The bill sets forth certain employer duties with respect to such requests.
The bill prohibits an employer from interfering with any rights provided to an employee under this bill. An employee may file a complaint with the Department of Labor for any violations of such rights. Labor shall investigate and attempt to resolve such complaints and may issue orders making determinations and assessing civil penalties or awarding relief for alleged violations. The bill provides for judicial review of such orders, including in federal courts of appeal.
Labor and certain federal agencies and offices shall provide information and technical assistance to employers, labor organizations, and the general public regarding compliance with this bill.
The Wage and Hour Division of Labor must issue guidance on compliance with providing a flexible work environment through changes in employee terms and conditions of employment as provided in this bill.
The requirements of this bill are applicable to certain classes of employees, including employees of the Government Accountability Office and the Library of Congress.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3610 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3610
To permit employees to request, and to ensure employers consider
requests for, flexible work terms and conditions, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 28, 2021
Mrs. Carolyn B. Maloney of New York (for herself, Ms. Norton, Mr.
Carson, and Mr. Cooper) introduced the following bill; which was
referred to the Committee on Education and Labor, and in addition to
the Committees on Oversight and Reform, House Administration, 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 permit employees to request, and to ensure employers consider
requests for, flexible work terms and conditions, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility for Working Families
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Over the last 50 years, the demographics of the
Nation's workforce have undergone significant changes. As a
result of the changes, the modern workforce has a more diverse
set of needs.
(2) Over time, increasing numbers of women have joined the
workforce. The Bureau of Labor Statistics reports that in 1960
women composed 33 percent of employed persons, whereas in 2010
they were 47 percent of employed persons.
(3) Fewer households have at least 1 parent at home.
According to the Bureau of the Census, more than 70 percent of
children are raised in families that are headed by either a
working single parent or 2 working parents. Furthermore, the
number of households with married parents and children, in
which both parents were in the workforce, rose to 66 percent in
2010. The number of single-parent families has also increased,
almost tripling over the last 50 years, from 5 percent in 1960,
to 14 percent in 2010.
(4) More households are caring for older relatives.
According to the Bureau of the Census, the average life
expectancy for a child born in 2010 is 78.3 years, almost 10
years longer than for a child born in 1960. The National
Alliance for Caregiving found that 57 percent of persons who
provide unpaid care to an adult or to a child with special
needs are employed, with 46 percent working full time and 11
percent working part time.
(5) Many jobs are now located outside of city centers. Low-
wage employees in particular have difficulty reaching jobs
through public transportation during off-peak shifts, such as
shifts that start in the evening or early morning.
(6) In response to the needs of the modern workforce some
employers have instituted flexible work arrangements, which,
according to Georgetown University Law School's Workforce
Flexibility 2010 initiative, are voluntary arrangements between
employees and employers that alter the time or place at which
work is conducted, or the amount of work that is conducted, in
order to allow employees to more easily meet the needs of both
work and family life.
(7) The National Study of the Changing Workforce, published
in 2002 by the Families and Work Institute, found that
employees with access to flexible work arrangements reported
less interference between their job and family life, and fewer
mental health problems.
(8) Corporate Voices for Working Families found that
implementing workplace flexibility improves employee
satisfaction, morale, and teamwork as well as employee health,
well-being, and resilience, and helps to reduce stress.
(9) Flexible work arrangements have also been shown to
improve the bottom line for businesses. Corporate Voices for
Working Families found that implementing workplace flexibility
improves the bottom line by helping businesses to attract and
retain key talent, increase employee retention and reduce
turnover, reduce overtime and absenteeism, and enhance employee
productivity, effectiveness, and engagement.
(10) The President's Council of Economic Advisors found
that, as more businesses adopt flexibility practices, the
benefits to society, in the form of reduced traffic, improved
employment outcomes, and more efficient allocation of employees
to employers, may be greater than the gains to individual
businesses and employees.
(11) According to a 2011 Government Accountability Office
report, a flexible work environment can increase and enhance
employment opportunities for individuals with disabilities.
(12) The Society for Human Resource Management believes
that the key to getting the best out of every employee is a
flexible work environment.
(13) According to the National Partnership for Women and
Families, businesses can retain their most valuable asset--a
trained and committed workforce--by offering flexible workplace
policies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrative officer.--The term ``administrative
officer'', used with respect to an employer or an employee,
means the corresponding individual or entity with authority to
issue regulations under section 13.
(2) Employee.--The term ``employee'' means an individual--
(A) who is--
(i)(I) an employee (including an
applicant), 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
clauses (ii) through (v), including such an
employee of the Library of Congress, except
that a reference in such section to an employer
shall be considered to be a reference to an
employer described in clauses (i)(I) and (ii)
of paragraph (3)(A); or
(II) an employee (including an applicant)
of the Government Accountability Office;
(ii) a State employee (including an
applicant) described in section 304(a) of the
Government Employee Rights Act of 1991 (42
U.S.C. 2000e-16c(a));
(iii) a covered employee (including an
applicant), as defined in section 101 of the
Congressional Accountability Act of 1995 (2
U.S.C. 1301);
(iv) a covered employee (including an
applicant), as defined in section 411(c) of
title 3, United States Code; or
(v) a Federal officer or employee
(including an applicant) covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(B) who works at least 20 hours per week or, in the
alternative, at least 1,000 hours per year.
(3) Employer.--
(A) In general.--The term ``employer'' means a
person who is--
(i)(I) a covered employer, as defined in
subparagraph (B), who is not covered under any
of subclauses (II) through (V);
(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;
or
(V) an employing agency covered under
subchapter V of chapter 63 of title 5, United
States Code; and
(ii) 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.
(B) Covered employer.--
(i) In general.--In subparagraph (A)(i)(I),
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 for each working day
during each of 20 or more calendar
workweeks in the current or preceding
calendar year;
(II) includes--
(aa) any person who acts,
directly or indirectly, in the
interest of such an employer to
any of the employees of such
employer; and
(bb) any successor in
interest of such an employer;
and
(III) includes an agency described
in clause (iii) or (iv) of subparagraph
(A) 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.
(ii) Definitions.--For purposes of this
subparagraph:
(I) Commerce.--The terms
``commerce'' and ``industry or activity
affecting commerce'' have the meanings
given the terms in section 101 of such
Act (29 U.S.C. 2611).
(II) Employee; person.--The terms
``employee'' and ``person'' have the
meanings given such terms in section 3
of the Fair Labor Standards Act of 1938
(29 U.S.C. 203).
(C) Predecessors.--Any reference in this paragraph
to an employer shall include a reference to any
predecessor of such employer.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) Supervisor.--
(A) In general.--The term ``supervisor'' has the
meaning given the term in section 152 of the National
Labor Relations Act (29 U.S.C. 152).
(B) Application.--For purposes of applying this
paragraph, a reference in such section--
(i) to an employee shall be considered to
be a reference to an employee, as defined in
this section; and
(ii) to an employer shall be considered to
be a reference to an employer, as defined in
this section.
SEC. 4. STATUTORY RIGHT TO REQUEST FLEXIBLE WORK TERMS AND CONDITIONS.
(a) In General.--An employee may apply to the employee's employer
for a temporary or permanent change in the employee's terms or
conditions of employment if the change relates to--
(1) the number of hours the employee is required to work;
(2) the times when the employee is required to work or be
on call for work;
(3) where the employee is required to work; or
(4) the amount of notification the employee receives of
work schedule assignments.
(b) Contents.--An application submitted under this section shall--
(1) state that the application is an application described
in subsection (a);
(2) specify the change applied for and the date on which
the employee requests that the change become effective; and
(3) explain what effect, if any, the employee thinks the
change applied for would have on the employer and how, in the
employee's opinion, any such effect might be dealt with.
(c) Submissions.--
(1) Period between submissions.--If an employee, who has
submitted an application under this section to an employer,
submits a further application under this section to the same
employer before the end of the period of 12 months beginning
with the date on which the previous application was submitted,
that further application shall not be covered by section 5.
(2) Form and timing.--The administrative officer shall, by
regulation issued under section 13, specify--
(A) the form of applications submitted under this
section; and
(B) when such an application shall be considered to
be submitted.
SEC. 5. EMPLOYER'S DUTIES IN RELATION TO APPLICATIONS.
(a) In General.--An employer to whom an employee submits an
application under section 4 shall consider the application, in
accordance with regulations issued under section 13.
(b) Regulations.--Regulations described in subsection (a)--
(1) shall include provisions that provide--
(A) that the employer and the employee shall hold a
meeting to discuss such an application;
(B) that the employer shall give the employee a
written decision regarding the application, within a
reasonable period after the date of the meeting;
(C) that a decision under subparagraph (B) to
reject the application shall state the grounds for the
decision, including whether those grounds included--
(i) the identifiable cost of the proposed
change in a term or condition of employment
requested in the application, including the
costs of loss of productivity, of retraining or
hiring an employee, or of transferring an
employee from one facility to another facility;
(ii) the overall financial resources
involved;
(iii) for an employer with multiple
facilities, the geographic separateness or
administrative or fiscal relationship of the
staffs at the facilities;
(iv) the effect of the change on the
employer's ability to meet customer demand; or
(v) another factor specified by the
administrative officer in regulation;
(D) that if the employer rejects the employee's
application, the employer may propose in writing an
alternative change to the employee's hours, times,
place, and amount of notification of schedule
assignments for work;
(E) that if the employee is dissatisfied with the
employer's decision under subparagraph (B) and the
alternative described in subparagraph (D), and if the
employer has another supervisor, the employee has the
right to reconsideration of the decision by such
supervisor, and to receive a decision in writing from
the reconsideration within a reasonable period, in
accordance with procedures specified in regulations
issued under section 13;
(F) that the employee shall have a right to be
accompanied at meetings described in subparagraph (A)
by a representative of the employee's choosing with
such qualifications as the regulations shall specify;
(G) that if such a representative of the employee's
choosing is not available to attend a meeting described
in subparagraph (A), the meeting shall be postponed;
and
(H) for extension of a time limit specified in the
regulations in a case in which the employer and
employee agree, or in such other circumstances as the
regulations may specify; and
(2) may include provisions that provide--
(A) that any requirement of the regulations shall
not apply in a case in which such an application is
disposed of by agreement or withdrawn; and
(B) for applications to be treated as withdrawn in
specified circumstances.
SEC. 6. PROHIBITED ACTS.
(a) Interference With Rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of, or the
attempt to exercise, any right provided under this Act.
(b) Interference With Application, Proceedings, or Inquiries.--It
shall be unlawful for any employer to discharge or in any other manner
discriminate against (including retaliating against) any individual
because such individual--
(1) has submitted (or attempted to submit) an application
under section 4 or requested (or attempted to request) a
reconsideration under section 5;
(2) has filed an action, or has instituted or caused to be
instituted any proceeding, under or related to this Act;
(3) has given, or is about to give, any information in
connection with any inquiry or proceeding relating to any right
provided under this Act;
(4) has testified, or is about to testify, in any inquiry
or proceeding relating to any right provided under this Act;
(5) has opposed any practice made unlawful by this Act; or
(6) has in any other way exercised or attempted to exercise
any right provided under this Act.
SEC. 7. ENFORCEMENT.
(a) Definitions.--Except as provided in subsection (d), in this
section:
(1) Employee.--The term ``employee'' means an employee
described in clause (i) or (ii) of section 3(2)(A).
(2) Employer.--The term ``employer'' means an employer
described in subclause (I) or (II) of section 3(3)(A)(i).
(b) General Authority.--The provisions of this Act may be enforced
pursuant to the following provisions:
(1) Investigation and assessment.--An employee who is
affected by a violation of a right in section 6 (including a
violation relating to a right provided under section 4 or 5)
may make a complaint to the Secretary of Labor, alleging that
the employer involved has violated section 6. The Secretary
shall receive, investigate, and attempt to resolve such
complaints of violations in the same manner as 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
section 8(a)(1) or awarding relief described in section
8(a)(2), as appropriate, 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 a
review of and a decision regarding such an order by an
administrative law judge, who may hold an administrative
hearing concerning the order under procedures established by
the administrative officer that comply with the requirements of
sections 554, 556, and 557 of title 5, United States Code, and
regulations promulgated by the administrative officer. 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 deemed to be a final
order that is not subject to judicial review.
(3) Enforcement.--The amount of any penalty assessed
against an employer under this subsection, when finally
determined, may be--
(A) deducted from any sums owed by the United
States to the employer; or
(B) recovered in a civil action brought against the
employer by the Secretary, represented by the Solicitor
of Labor (or brought against the employer by the
administrative officer specified in section 13(a)) in
any court of competent jurisdiction.
(4) Civil action.--An affected person desiring review of a
decision issued under paragraph (2) (other than a nonreviewable
order) may file a petition for review in an appropriate Federal
court of appeals.
(5) Civil action by the secretary for injunctive relief.--
The Secretary (or the administrative officer specified in
section 13(a)) may bring an action for a violation described in
paragraph (1) in a district court of the United States to
obtain the injunctive relief described in section 8(b).
(c) Other Employees.--
(1) Employees covered by congressional accountability act
of 1995.--Notwithstanding any other provision of this section
or section 8, the powers, remedies, 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, remedies, and procedures this Act provides to that
Board, or any person, alleging an unlawful employment practice
in violation of this Act against an employee described in
section 3(2)(A)(iii).
(2) Employees covered by chapter 5 of title 3, united
states code.--Notwithstanding any other provision of this
section or section 8, the powers, remedies, 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, remedies, and procedures this Act provides to
the President, that Board, or any person, respectively,
alleging an unlawful employment practice in violation of this
Act against an employee described in section 3(2)(A)(iv).
(3) Employees covered by chapter 63 of title 5, united
states code.--Notwithstanding any other provision of this
section or section 8, the powers, remedies, 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 subchapter V of chapter 63 of
that title, shall be the powers, remedies, and procedures this
Act provides to that agency, that Board, or any person,
respectively, alleging an unlawful employment practice in
violation of this Act against an employee described in section
3(2)(A)(v).
SEC. 8. REMEDIES.
(a) Administrative Proceedings and Actions for Review.--
(1) Interference with exercise of rights.--In an action
brought under paragraph (1), (2), or (4) of section 7(b), an
employer who commits a willful or repeated violation of the
provisions of section 6 (including a violation relating to a
right provided under section 4 or 5) shall be subject to a
civil penalty of not more than $1,100 for each employee who was
the subject of such a violation.
(2) Retaliation.--In an action brought under paragraph (1),
(2), or (4) of section 7(b), if an employer violates section
6(b), the employee who is affected by the violation or the
Secretary (or the administrative officer specified in section
13(a)), as appropriate, may obtain an order awarding such
equitable relief as may be appropriate, including employment,
reinstatement, promotion, backpay, and a change in the terms or
conditions of employment.
(b) Civil Action by the Secretary for Injunctive Relief.--In an
action brought under section 7(b)(5), the Secretary (or the
administrative officer specified in section 13(a)) may obtain an
order--
(1) restraining violations of section 6 (including a
violation relating to a right provided under section 4 or 5);
or
(2) awarding such other equitable relief as may be
appropriate, including employment, reinstatement, promotion,
backpay, and a change in the terms or conditions of employment.
SEC. 9. NOTICE.
(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
administrative officer specified in section 13(a)) setting forth
excerpts from, or summaries of, the pertinent provisions of this Act
and information pertaining to the filing of a complaint under section
7(b).
(b) Penalty.--Any employer that willfully violates this section may
be assessed a civil money penalty not to exceed $500 for each separate
offense.
SEC. 10. RECORDKEEPING.
Any employer shall make, keep, and preserve records pertaining to
compliance with this Act in accordance with regulations issued under
section 13.
SEC. 11. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary (and each administrative officer
specified in section 13(a), as applicable) 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 the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.) regarding providing a flexible
work environment through changes in employee terms and
conditions of employment as provided in section 4(a); and
(2) the Secretary shall carry on a continuing program of
research, education, and technical assistance, including--
(A) conducting and promoting research with the
intent of encouraging flexibility in work terms and
conditions;
(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 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.
SEC. 12. RIGHTS RETAINED BY EMPLOYEES.
Nothing in this Act shall be considered to diminish the rights,
privileges, or remedies of any employee under any Federal or State law,
or under a collective bargaining agreement.
SEC. 13. APPLICATION OF PROVISIONS.
Not later than 12 months after the date of enactment of this Act--
(1)(A) except as provided in subparagraph (B), the
Secretary shall issue such regulations as are necessary to
carry out this Act (including regulations described in sections
4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2)) with respect to
employees described in clause (i) or (ii) of section 3(2)(A);
and
(B) the Comptroller General of the United States and the
Librarian of Congress shall issue such regulations as are
necessary to carry out this Act (including regulations
described in sections 4(c)(2), 5(a), 5(b)(1)(E), and 7(b)(2))
with respect to employees of the Government Accountability
Office and the Library of Congress, respectively;
(2) the Board of Directors of the Office of Compliance
shall issue (in accordance with section 304 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1384)) such
regulations as are necessary to carry out this Act (including
regulations described in sections 4(c)(2), 5(a), 5(b)(1)(E),
and 7(b)(2)) with respect to employees described in section
3(2)(A)(iii);
(3) the President (or the designee of the President) shall
issue such regulations as are necessary to carry out this Act
(including regulations described in sections 4(c)(2), 5(a),
5(b)(1)(E), and 7(b)(2)) with respect to employees described in
section 3(2)(A)(iv); and
(4) the Director of the Office of Personnel Management
shall issue such regulations as are necessary to carry out this
Act (including regulations described in sections 4(c)(2), 5(a),
5(b)(1)(E), and 7(b)(2)) with respect to employees described in
section 3(2)(A)(v).
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2016 and each subsequent
fiscal year.
SEC. 15. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
takes effect on the date of enactment of this Act.
(b) Application of Nonregulatory Provisions.--
(1) In general.--Except as provided in paragraph (2),
sections 2 through 12 shall apply on the earlier of--
(A) the date that occurs 3 months after the date on
which the Secretary issues regulations under section
13(a)(1)(A); and
(B) the date that occurs 15 months after the date
of enactment of this Act.
(2) Collective bargaining agreements.--In the case of a
collective bargaining agreement in effect on the application
date prescribed by paragraph (1), sections 2 through 12 shall
apply on the earlier of--
(A) the date of the termination of such agreement;
or
(B) the date that occurs 12 months after the date
of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Reform, House Administration, 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.
Referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Reform, House Administration, 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.
Referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Reform, House Administration, 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.
Referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and Reform, House Administration, 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.
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