I
118th CONGRESS
1st Session
H. R. 785
IN THE HOUSE OF REPRESENTATIVES
February 2, 2023
Ms. Garcia of Texas (for herself, Ms. Porter, Ms. Chu, Ms. McCollum, Mr. García of Illinois, Mr. Allred, Ms. Norton, Mr. Espaillat, Mr. Veasey, Mr. Green of Texas, Mr. Doggett, Ms. Tlaib, and Mr. Casar) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to require paid rest breaks for certain construction employees, and for other purposes.
Paid rest breaks for certain construction employees
Paid rest break
The Fair Labor Standards Act (29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following:
Paid rest breaks for construction employees
Requirements
An employer shall—
with respect to each construction employee of such employer—
provide at least one 15-minute paid rest break for every four hours of work to each such employee; and
at the time of hiring, provide notice in the primary language of such employee, an explanation that—
such employee is entitled to the paid rest breaks described in subparagraph (A);
retaliation by such employer against such employee for requesting or taking such paid rest breaks is prohibited; and
such employee has a right to file a complaint with the Secretary for any violation of this section by such employer; and
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).
Posted notice
The Secretary shall issue regulations with respect to the design and content of the sign referred to in subsection (a)(2).
Retaliation prohibited
An employer may not take retaliatory personnel action or otherwise discriminate against a construction employee if such employee—
requests or takes paid rest breaks in accordance with this section; or
files a complaint with the Secretary alleging a violation of this section.
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.
Definitions
In this section:
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.
The term general construction services
means the—
erection of or preparation to erect a structure; or
remodeling, extension, repair, or demolition of a structure or other improvement of real property or a structure related to real property.
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.
.
Penalties
Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended by adding after the third sentence the following: 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.
.
