Part-Time Worker Bill of Rights Act
- Bill Number
- S. 3547
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-12-17: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2026-03-11T14:10:16Z
AI-Generated Summary
Purpose
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 for part-time and temporary employees by prohibiting discrimination based on hours worked and requiring employers to prioritize existing workers for additional hours.
Key Provisions
- Title I: Expanding Access to Benefits for Part-Time Workers
- Amends the Family and Medical Leave Act of 1993 (FMLA) to redefine an "eligible employee" as anyone employed for at least 90 days, removing the previous requirement of 1,250 hours worked in the prior 12 months.
- Makes similar changes to related laws covering federal, congressional, and executive branch employees.
- These changes take effect one year after enactment.
- Title II: Ensuring Fair Treatment for Part-Time and Temporary Workers
- Definitions: Defines key terms like "employee" (broadly includes most workers under federal labor laws, excluding some applicants), "employer" (covers entities with more than 15 employees, including integrated businesses, franchises, and government offices), and "person in commerce" (any entity engaged in or affecting commerce, including government).
- Elimination of Discrimination on Basis of 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), promotions, and other employment terms. Exceptions allow differences based on hire date, merit, or performance-based pay.
- Offer of Work to Existing Employees (Sec. 203): Employers must obtain written statements from new hires about desired weekly hours and availability, which can be updated. Before hiring new external workers (including temps or contractors), employers must offer those hours to existing employees who want them and are available/qualified. If not offered, existing employees get compensation for those hours at their regular rate (with exceptions for lack of qualifications, overtime avoidance, or failed contact attempts).
- Prohibited Acts (Sec. 204): Bans employer interference with these rights, retaliation against employees for exercising them (e.g., firing, demoting, or cutting hours), and discrimination against those filing complaints or testifying.
- Remedies and Enforcement (Sec. 205):
- Employees can sue for lost wages/benefits, interest, liquidated damages (double the losses unless good faith is shown), and equitable relief (e.g., reinstatement).
- The Secretary of Labor (DOL) can investigate, issue subpoenas, assess civil penalties ($500–$5,000 per willful violation, adjusted for inflation), and sue on behalf of workers. Actions must be filed within 2 years (3 years for willful retaliation).
- Employers must keep records for 3 years (or longer if claims are pending) and provide copies to employees.
- Special procedures apply to government employees (e.g., via congressional boards or the Office of Personnel Management).
- Regulations (Sec. 206): DOL and other agencies (e.g., for federal workers) must issue implementing rules within 180 days, aligning with existing FMLA enforcement where possible.
Significant Changes to Existing Law
- FMLA Amendments: Lowers the employment threshold from 12 months and 1,250 hours to just 90 days, making leave available sooner to part-time workers without altering the 12 weeks of unpaid, job-protected leave for family/medical reasons.
- New Anti-Discrimination Rules: Introduces federal protections against hour-based discrimination (beyond existing laws like the Fair Labor Standards Act, which focuses on wages but not scheduling equity). Unlike Title VII (which covers race/gender discrimination), this targets part-time status directly.
- Hour-Offering Requirement: Creates a novel "right of first refusal" for existing workers, with pay protections if ignored, expanding beyond current scheduling laws in some states.
- Enforcement Expansion: Applies FLSA-like investigative powers and remedies to these new rights, including for public sector workers, and lowers the employer size threshold to 15 employees (FMLA currently uses 50).
- Removes outdated FMLA provisions (e.g., school employee limits) to conform.
Potential Impacts
- On Citizens/Workers: Part-time and temporary employees (about 25–30% of the U.S. workforce) gain easier access to unpaid family/medical leave, fairer pay/benefits, and priority for more hours, potentially reducing underemployment and improving work-life balance. Could lead to more stable income but might increase job competition internally.
- On Employers: Businesses with over 15 employees face new compliance burdens, like tracking availability statements, adjusting schedules, and risking lawsuits/penalties. Small employers (under 15) are exempt, but larger ones (especially in retail/hospitality) may see higher costs for training, overtime avoidance, or settlements. Encourages retaining existing staff over external hires.
- On Government Agencies: DOL gains enforcement duties, potentially increasing workload and budget needs. Federal, congressional, and state employees benefit from aligned protections, promoting uniformity. No direct international relations impact, as it's domestic labor policy.
- Broader Economy: May boost worker retention and productivity but could raise labor costs, affecting hiring in low-wage sectors.
Main Stakeholders Affected
- Part-Time and Temporary Workers: Primary beneficiaries, including those in service industries, gig economy roles, and seasonal jobs.
- Employers: Private companies (especially mid-sized with 15+ employees), staffing agencies, franchises, and contractors; public sector entities like federal agencies and Congress.
- Government Regulators: DOL (lead enforcer), Office of Personnel Management, congressional oversight boards, and the Comptroller General for GAO employees.
- Labor Unions and Advocacy Groups: Likely supporters, as it aligns with efforts for worker equity.
- Small Businesses: Less affected due to exemption, but integrated enterprises (e.g., chains) must count aggregated employees.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens labor rights under the Commerce Clause (Congress's power to regulate interstate commerce), potentially increasing litigation similar to FLSA cases. Courts may scrutinize "substantially equal" job definitions and "reasonable training" exceptions. Aligns with state laws (e.g., in California or New York) but creates a national floor, preempting weaker state rules.
- Constitutional Implications: No major challenges anticipated; builds on established precedents for workplace protections without infringing free speech, due process, or equal protection. The 15-employee threshold mirrors other anti-discrimination laws (e.g., ADA), avoiding small-business burdens that could raise Takings Clause issues.
- Political Implications: Introduced by Democratic senators (e.g., Warren, Sanders), it reflects progressive priorities on income inequality and worker protections amid rising part-time employment post-pandemic. Could face opposition from business lobbies over costs; passage might energize labor movements but stall in a divided Congress without bipartisan support.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (7)
Sen. Booker, Cory A. [D-NJ], Sen. Markey, Edward J. [D-MA], Sen. Padilla, Alex [D-CA], Sen. Whitehouse, Sheldon [D-RI], Sen. Sanders, Bernard [I-VT], Sen. Murray, Patty [D-WA], Sen. Baldwin, Tammy [D-WI]
Recent Actions
- 2025-12-17: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-12-17: Introduced in Senate
Bill Versions
- Part-Time Worker Bill of Rights Act — issued 2025-12-17 — PDF (28 pages)