HR 785 — To amend the Fair Labor Standards Act of 1938 to require paid rest breaks for certain construction employees, and for other purposes.

Summary

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

Bill Text

• Introduced Introduced in House Current html February 02, 2023

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill requires employers to provide paid rest breaks for construction employees and establishes penalties for non-compliance.

• 29 U.S.C. 216

  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.

  This change allows the Secretary to impose administrative penalties on employers who violate the new paid rest break requirements.

• 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).

  This creates a new requirement for employers to provide paid rest breaks and mandate communication about these breaks to construction employees.

• (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.

  This stipulates that employers cannot retaliate against employees for requesting paid rest breaks or filing complaints regarding violations.

• (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.

  This ensures that the new provisions do not override existing laws that provide for longer rest breaks.

• (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.

  This section provides clear definitions for key terms used in the new provisions regarding paid rest breaks.

Action History

1. February 02, 2023

   Introduced in House

2. February 02, 2023

   Introduced in House

3. February 02, 2023

   Referred to the House Committee on Education and the Workforce.

Sponsors

• Sylvia R. Garcia · Primary

Subjects