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H.R. 4855 (111th): Work-Life Balance Award Act

The text of the bill below is as of Mar 16, 2010 (Introduced).


I

111th CONGRESS

2d Session

H. R. 4855

IN THE HOUSE OF REPRESENTATIVES

March 16, 2010

(for herself and Mr. George Miller of California) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To establish the Work-Life Balance Award for employers that have developed and implemented work-life balance policies.

1.

Short title

This Act may be cited as the Work-Life Balance Award Act.

2.

Definitions

In this Act:

(1)

Employer

The term employer

(A)

means any person (as defined in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a))) engaged in commerce or in any industry or activity affecting commerce; and

(B)

includes any agency of a State, or political subdivision thereof.

The term does not include the Government of the United States or any agency thereof.
(2)

Work-life balance policy

The term work-life balance policy means a workplace practice designed to enable employees to achieve a satisfactory work-life balance.

(3)

Secretary

The term Secretary means the Secretary of Labor.

3.

Establishment of award

(a)

In general

There is established in the Department of Labor an annual award to be known as the Work-Life Balance Award (hereinafter referred to as the Award) for employers that have developed and implemented work-life balance policies.

(b)

Plaque

The Award shall be evidenced by a plaque bearing the title Work-Life Balance Award.

(c)

Application

(1)

In general

An employer desiring consideration for an Award shall submit an application to the Work-Life Balance Advisory Board established under section 4, at such time, in such manner, and containing such information as such Board may require.

(2)

Reapplication

An employer may reapply for an Award, regardless of whether the employer has been a previous recipient of such Award.

(d)

Display on Web site

The Secretary shall make publically available on its Web site the names of each recipient of the Award.

(e)

Presentation of Award

After receiving recommendations from the Board established under section 4, the Secretary (or the Secretary’s designee) shall present annually the Award to employers that meet the criteria developed under section 4(b)(1).

4.

Work-Life Balance Advisory Board

(a)

Establishment

There is established within the Department of Labor a Work-Life Balance Advisory Board (hereinafter referred to as the Board).

(b)

Duties

The Board shall—

(1)

subject to the approval by the Secretary, not later than 180 days after the initial meeting described under subsection (f)(1)(B), develop criteria to determine recipients of the Award. In developing such criteria, such Board shall—

(A)

identify those work-life balance policies, which if properly implemented, will permit employees to achieve a work-life balance;

(B)

take into consideration an employer’s record of compliance, or noncompliance, with Federal and State labor laws; and

(C)

seek input from all interested parties to assist in making a determination of the recipients of the Award, including input from stakeholders;

(2)

develop a process for receiving and processing applications;

(3)

recommend recipients of the Award from among those applications submitted to the Board in accordance with section 3(c);

(4)

present to the Secretary the names of the employers that the Board recommends as recipients of the Award in accordance with the criteria developed under paragraph (1); and

(5)

set an annual timetable for fulfilling the duties described under this subsection.

(c)

Revisions

The Board, subject to the approval of the Secretary, may make revisions, as appropriate, to the criteria developed under subsection (b)(1) from time to time.

(d)

Membership

(1)

Numbers and appointment

Subject to paragraphs (2) through (5), the Board shall be composed of 9 members appointed by the Secretary as follows:

(A)

1 member, who shall serve as chairperson of the Board, representing the public.

(B)

1 member representing a State or local government.

(C)

1 member representing a nonprofit employer.

(D)

2 members representing private industry or industry organizations.

(E)

2 members representing labor organizations.

(F)

2 members representing families and children.

(2)

Recommendations

In appointing any member of the Board under paragraph (1) who is not the chairperson of such Board, the Speaker and the minority leader of the House of Representatives, and the majority and minority leader of the Senate, each shall submit to the Secretary recommendations with the names of proposed members of the Board, and from such submissions the Secretary shall appoint the members of the Board in accordance with such paragraph.

(3)

Limitation

The Secretary may not appoint any Member of Congress to the Board.

(4)

Political affiliation

Not more than 4 members of the Board appointed under paragraph (1) may be of the same political party.

(5)

Qualifications

Members of the Board shall be individuals with knowledge of and experience with work-life balance policies.

(e)

Terms

(1)

In general

Except as provided under paragraphs (2) and (3), each member of the Board shall be appointed for 2 years and may be reappointed.

(2)

Terms of initial appointees

As designated by the Secretary at the time of appointment, of the members of the Board first appointed, 4 shall each be appointed for a 2-year term and the remainder shall each be appointed for a 3-year term.

(3)

Vacancies

Any member of the Board appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office.

(f)

Operations

(1)

Meetings

(A)

In general

Except for the initial meeting of the Board under subparagraph (B), the Board shall meet at the call of the Chairperson or a majority of its members.

(B)

Initial meeting

The Board shall conduct its first meeting not later than 90 days after the appointment of all of its members.

(2)

Voting and rules

A majority of members of the Board shall constitute a quorum to conduct business. The Board may establish by majority vote any other rules for the conduct of the business of the Board, if such rules are not inconsistent with this section or other applicable law.

5.

Regulations

The Secretary may prescribe regulations to carry out the purposes of this Act.