Part-Time Worker Bill of Rights Act
- Bill Number
- H.R. 6818
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-12-17: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Oversight and Government Reform, 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.
- Last Updated
- 2026-07-01T08:08:03Z
AI-Generated Summary
Purpose of the Legislation
The Part-Time Worker Bill of Rights Act aims to broaden access to family and medical leave for part-time workers and promote fair treatment of part-time and temporary employees in the workplace by reducing discrimination based on hours worked and prioritizing existing employees for additional hours.
Key Provisions
- Title I: Expanding Access to Benefits for Part-Time Workers
- Eliminates the current requirement under the Family and Medical Leave Act of 1993 (FMLA) that employees must work at least 1,250 hours in the previous 12 months to qualify for unpaid leave for family or medical reasons.
- Replaces this with a simpler eligibility rule: employees qualify after 90 days of employment.
- Applies to private sector workers, federal employees, congressional staff, and certain executive branch employees.
- Takes effect one year after enactment.
- Title II: Ensuring Fair Treatment for Part-Time and Temporary Workers
- Definitions: Defines key terms like "employee" (covers most workers except some exemptions), "employer" (businesses with more than 15 employees, including integrated enterprises and government entities), and "person in commerce" (anyone engaged in commerce, including government activities).
- Elimination of Discrimination Based on Hours Worked (Sec. 202): Prohibits employers from treating part-time or short-term employees differently from full-time ones in similar jobs (requiring equal skill, effort, responsibility, and conditions). This includes equal pay rates, input on schedules, pro-rated benefits like paid time off, promotion chances, and other job perks. Exceptions allow differences based on hire date, merit, or performance-based pay.
- Offer of Work to Existing Employees (Sec. 203): Employers must get written statements from new hires about desired weekly hours and availability, which can be updated anytime. Before hiring new workers or contractors for those hours, employers must offer them to existing employees who want them, unless exceptions apply (e.g., no available qualified staff, or it would require overtime pay). If hours go to new hires instead, existing employees get paid for those hours at their regular rate if they were available.
- Prohibited Acts (Sec. 204): Bans employer interference with these rights, retaliation against employees for using them (e.g., firing, demoting, or cutting hours), or punishing workers for filing complaints or participating in investigations.
- Remedies and Enforcement (Sec. 205):
- The Secretary of Labor (head of the Department of Labor) can investigate violations, require record-keeping (e.g., 3 years of scheduling documents), and issue subpoenas.
- Employees can sue in federal or state court for lost wages, benefits, interest, liquidated damages (double pay in most cases, unless good faith is shown), and remedies like job reinstatement. Attorney fees are covered by the employer.
- The Secretary can also sue, impose civil penalties ($500–$1,000 for interfering with rights; $1,100–$5,000 for retaliation, adjusted for inflation), and handle administrative reviews.
- Time limits: 2 years to file claims (3 years for willful retaliation).
- Special rules apply to government employees (e.g., congressional staff handled by the Office of Congressional Workplace Rights).
- Regulations (Sec. 206): The Secretary of Labor must issue rules within 180 days of enactment. Other bodies (e.g., for congressional or federal employees) must align their rules with these, with limited modifications for effectiveness.
Significant Changes to Existing Law
- FMLA Amendments: Removes the 1,250-hour threshold (a major barrier for part-time workers) and related clauses, making leave accessible sooner (after 90 days). Also updates related laws like the Congressional Accountability Act and federal employee statutes to match.
- New Anti-Discrimination Rules: Introduces federal protections against bias based on part-time status or short-term employment, similar to equal pay laws but focused on hours/duration. No prior federal law directly mandates pro-rated benefits or equal treatment for similar part-time roles.
- Hour Allocation and Compensation Requirements: Creates a novel "right of first refusal" for existing employees' desired hours before new hires, with pay protections if bypassed—expanding beyond current Fair Labor Standards Act (FLSA) rules on wages and overtime.
- Enforcement Expansion: Borrows from FLSA and FMLA models but adds stronger penalties for willful violations and broader investigative powers, including for government sectors.
Potential Impacts
- On Citizens (Workers): Part-time and temporary workers (e.g., retail, gig economy, or seasonal employees) gain easier access to unpaid family/medical leave and fairer pay/benefits, potentially reducing financial stress during life events like illness or childcare. Could encourage more stable part-time employment.
- On Employers: Businesses with over 15 employees face new compliance costs (e.g., record-keeping, offering hours internally, potential payouts), which might increase administrative burdens or hiring caution. Small businesses (under 15 employees) are exempt.
- On Government Agencies: The Department of Labor gains enforcement duties, including investigations and rulemaking. Other agencies (e.g., Office of Personnel Management for federal workers, congressional offices) must adapt procedures, potentially straining resources. No direct impact on international relations.
- Broader Economy: May shift labor practices toward retaining existing staff, reducing turnover, but could raise costs for industries reliant on temporary hires.
Main Stakeholders Affected
- Part-Time and Temporary Workers: Primary beneficiaries, including those in private sector, state/local government, Congress, executive branch, and Government Accountability Office employees.
- Employers: Private companies with >15 employees, staffing agencies, contractors, and government entities—must adjust hiring, scheduling, and benefits.
- Government and Regulators: Department of Labor (lead enforcer), congressional bodies, federal agencies, and courts (handling lawsuits).
- Unions and Advocacy Groups: Likely to support enforcement through complaints or litigation.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens labor rights by integrating with existing laws (FMLA, FLSA) without overriding them, but introduces private rights of action (employees can sue directly) and civil penalties, potentially leading to more litigation. Definitions of "integrated enterprise" could broaden liability for related businesses (e.g., franchises). Courts may interpret "substantially equal" jobs similarly to equal pay cases.
- Constitutional Implications: Aligns with Congress's commerce clause power to regulate workplaces affecting interstate commerce; no apparent conflicts with free speech, due process, or other rights, as it focuses on employment equity.
- Political Implications: Expands worker protections in a divided Congress (introduced by Democratic representatives), signaling priorities on income inequality and work-life balance. Could face opposition from business groups over costs, but builds on bipartisan labor precedents like FMLA. If passed, sets a model for future reforms on gig/temporary work.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Schakowsky, Janice D. [D-IL-9]
Cosponsors (34)
Rep. DeLauro, Rosa L. [D-CT-3], Rep. Lynch, Stephen F. [D-MA-8], Rep. Stansbury, Melanie A. [D-NM-1], Rep. Doggett, Lloyd [D-TX-37], Rep. McGovern, James P. [D-MA-2], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Simon, Lateefah [D-CA-12], Rep. Tlaib, Rashida [D-MI-12], Rep. Goldman, Daniel S. [D-NY-10], Rep. Carson, André [D-IN-7], Rep. Dingell, Debbie [D-MI-6], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Hayes, Jahana [D-CT-5], Rep. Thanedar, Shri [D-MI-13], Rep. Chu, Judy [D-CA-28], Rep. Pingree, Chellie [D-ME-1], Rep. Lieu, Ted [D-CA-36], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Bonamici, Suzanne [D-OR-1], Rep. Evans, Dwight [D-PA-3], Rep. Tokuda, Jill N. [D-HI-2], Rep. Ramirez, Delia C. [D-IL-3], Rep. Adams, Alma S. [D-NC-12], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. McIver, LaMonica [D-NJ-10], Rep. Ansari, Yassamin [D-AZ-3], Rep. Casar, Greg [D-TX-35], Rep. Salinas, Andrea [D-OR-6], Rep. McBride, Sarah [D-DE-At Large], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Magaziner, Seth [D-RI-2], Rep. DeSaulnier, Mark [D-CA-10], Rep. McCollum, Betty [D-MN-4], Rep. Ross, Deborah K. [D-NC-2]
Recent Actions
- 2025-12-17: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Oversight and Government Reform, 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.
- 2025-12-17: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Oversight and Government Reform, 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.
- 2025-12-17: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Oversight and Government Reform, 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.
- 2025-12-17: Referred to the Committee on Education and Workforce, and in addition to the Committees on House Administration, Oversight and Government Reform, 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.
- 2025-12-17: Introduced in House
- 2025-12-17: Introduced in House
Bill Versions
- Part-Time Worker Bill of Rights Act — issued 2025-12-17 — PDF (28 pages)