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Title II — Safe leave for addressing domestic violence, dating violence, sexual assault, or stalking

S. 627 · 116th Congress · Feb 28, 2019 · Lineage

II Safe leave for addressing domestic violence, dating violence, sexual assault, or stalking

Sec. 201 Definitions

As used in this title, the following definitions apply:
(1)
Domestic violence; dating violence; sexual assault; stalking— The terms domestic violence, dating violence, sexual assault, and stalking have the meanings given the terms in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 12291).
(2)
Domestic partner—
(A)
In general— The term domestic partner, with respect to an individual, means another individual with whom the first individual is in a committed relationship.
(B)
Committed relationship defined— The term committed relationship means a relationship between two individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between two individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership.
(3)
Employ; State— The terms employ and State have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(4)
Employee—
(A)
In general— The term employee means any person employed by an employer. In the case of an individual employed by a public agency, such term means an individual employed as described in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)).
(B)
Basis— The term includes a person employed as described in subparagraph (A) on a full- or part-time basis, for a fixed time period, on a temporary basis, pursuant to a detail, or as a participant in a work assignment as a condition of receipt of Federal or State income-based public assistance.
(5)
Employer— The term employer—
(A)
means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more individuals; and
(B)
includes any person acting directly or indirectly in the interest of an employer in relation to an employee, and includes a public agency that employs individuals as described in section 3(e)(2) of the Fair Labor Standards Act of 1938, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.
(6)
Employment benefits— The term employment benefits means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an “employee benefit plan”, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).
(7)
Family or household member— The term family or household member, used with respect to a person, means an individual who—
(A)
is a son or daughter, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the person is the equivalent of a family relationship; and
(B)
is not the abuser (as defined in section 501) involved.
(8)
Person— The term person has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(9)
Public agency— The term public agency has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(10)
Public assistance— The term public assistance includes cash, benefits issued under a supplement nutrition assistance program under section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013), medical assistance, housing assistance, and other benefits provided on the basis of income by a public agency.
(11)
Survivor of domestic violence, dating violence, sexual assault, or stalking— The term survivor of domestic violence, dating violence, sexual assault, or stalking includes—
(A)
a person who has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking; and
(B)
a person whose family or household member has experienced or is experiencing domestic violence, dating violence, sexual assault, or stalking.
(12)
Survivor services organization— The term survivor services organization means a nonprofit, nongovernmental organization that provides assistance to survivors of domestic violence, dating violence, sexual assault, or stalking, or to advocates for such survivors, including a rape crisis center, an organization carrying out a domestic violence program, an organization operating a shelter or providing counseling services, an organization providing assistance through the legal process, or another entity that provides assistance to such survivors.

Sec. 202 Entitlement to safe leave for addressing domestic violence, dating violence, sexual assault, or stalking

(a)
Safe leave generally— An employer shall provide each employee employed by the employer not less than 30 days of safe leave in a 12-month period to be used as described in subsection (c). The 30 days of safe leave may be unpaid leave, except that the employee may elect to use the paid safe leave earned by the employee under subsection (b)(1) or substitute leave under section 203. An employee may take not more than a total of 30 days of unpaid safe leave, and 56 hours of paid safe leave earned by the employee under subsection (b)(1), in a 12-month period under this section (which days and hours may be taken intermittently or on a reduced leave schedule), in addition to any leave taken under title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.), or subchapter V of chapter 63 of title 5, United States Code.
(b)
Safe leave—
(1)
In general— In addition to the 30 days of safe leave described in subsection (a), the employer shall provide each employee employed by the employer not less than one hour of earned paid safe leave for every 30 hours worked, to be used as described in subsection (c). An employer shall not be required to permit an employee to earn, under this subsection, more than 56 hours of paid safe leave in a 12-month period, unless the employer chooses to set a higher limit.
(2)
Exempt employees—
(A)
In general— Except as provided in paragraph (3), for purposes of this subsection, an employee who is exempt from overtime requirements under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) shall be assumed to work 40 hours in each workweek.
(B)
Shorter normal workweek— If the normal workweek of such an employee is less than 40 hours, the employee shall earn paid safe leave based upon that normal workweek.
(3)
Dates for beginning to earn paid safe leave and use— Employees shall begin to earn paid safe leave under this subsection at the commencement of their employment. An employee shall be entitled to use the earned paid safe leave beginning on the 60th calendar day following commencement of the employee's employment. After that 60th calendar day, the employee may use the paid safe leave as the leave is earned. An employer may, at the discretion of the employer, loan paid safe leave to an employee for use by such employee in advance of the employee earning such safe leave as provided in this subsection and may permit use before the 60th day of employment.
(4)
Carryover—
(A)
In general— Except as provided in subparagraph (B), paid safe leave earned under this subsection shall carry over from one year to the next.
(B)
Construction— This title shall not be construed to require an employer to permit an employee to earn more than 56 hours of paid safe leave under this subsection at a given time.
(5)
Employers with existing policies— Any employer with a paid leave policy who makes available an amount of paid leave that is sufficient to meet the requirements of this subsection and that may be used for the same purposes and under the same conditions as the purposes and conditions outlined in subsection (c) shall not be required to permit an employee to earn additional paid safe leave under this subsection.
(6)
Construction— Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for earned paid safe leave that has not been used.
(7)
Reinstatement— If an employee is separated from employment with an employer and is rehired, within 12 months after that separation, by the same employer, the employer shall (in addition to providing unpaid safe leave in accordance with subsection (a)) reinstate the employee’s previously earned paid safe leave. The employee shall be entitled to use the earned paid safe leave and earn additional paid safe leave at the recommencement of employment with the employer.
(c)
Uses— Safe leave earned under this section may be used by an employee for an absence resulting from domestic violence, dating violence, sexual assault, or stalking, if the leave is to—
(1)
seek medical attention for the employee or the employee’s family or household member, to recover from physical or psychological injury or disability caused by domestic violence, dating violence, sexual assault, or stalking;
(2)
obtain or assist a family or household member in obtaining services from a survivor services organization;
(3)
obtain or assist a family or household member in obtaining behavioral health services or counseling;
(4)
participate in safety planning, temporary or permanent relocation, or taking other actions, to increase the safety of the employee or family or household member; or
(5)
take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, dating violence, sexual assault, or stalking.
(d)
Procedures—
(1)
Request— Safe leave shall be provided upon the oral or written request of an employee. Such request shall—
(A)
include the expected duration of the period of such leave; and
(B)
be provided as soon as practicable after the employee is aware of the need for such period.
(2)
Scheduling— An employee shall make a reasonable effort to schedule a period of safe leave under this title in a manner that does not unduly disrupt the operations of the employer, unless scheduling the period of leave in that manner is not practicable.
(3)
Certification—
(A)
In general— An employer may require that a request for safe leave under this section for a purpose described in subsection (c) be supported—
(i)
by any form of certification (but the employer may not specify the particular form of certification to be provided) consisting of—
(I)
a sworn statement of the employee or the family or household member, as the case may be;
(II)
a police report indicating that the employee, or a family or household member of the employee, was a survivor of domestic violence, dating violence, sexual assault, or stalking;
(III)
a court order protecting or separating the employee or a family or household member of the employee from the perpetrator of an act of domestic violence, dating violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee or family or household member has appeared in court or is scheduled to appear in court in a proceeding related to domestic violence, dating violence, sexual assault, or stalking;
(IV)
documentation from an employee or volunteer working for a survivor services organization, an attorney, a police officer, a medical professional, a social worker, an antiviolence counselor, a member of the clergy, or another professional, affirming that the employee or a family or household member of the employee is a survivor of domestic violence, dating violence, sexual assault, or stalking; or
(V)
other corroborating evidence concerning the employee or family or household member; and
(ii)
if the survivor is the employee's family or household member, in order to verify the employee's relationship with the survivor, by information that may include a sworn statement of the employee, a birth certificate, a court document, or other corroborating evidence.
(B)
Survivor information protections—
(i)
In general— The certification shall state the reason that the safe leave is required with the facts to be disclosed limited to the minimum necessary to establish a need for the employee to be absent from work, and the employee shall not be required to explain the details of the domestic violence, dating violence, sexual assault, or stalking involved.
(ii)
Limitation on information requirements— An employer may not require an employee, in order to obtain leave under this section, to produce, discuss with the employer, or provide—
(I)
any additional information, beyond the information enumerated in this subsection that establishes that the employee is eligible for leave under this section; or
(II)
any information that would compromise the safety of the employee or family or household member in any way.
(C)
Timeliness— The employee shall provide a copy of such certification to the employer in a timely manner, not later than 30 days after the first day of the period of leave to the extent possible. The employer shall not delay the commencement of the period of leave on the basis that the employer has not yet received the certification.
(4)
Prohibition— An employer may not require, as a condition of providing safe leave under this title, that the employee involved search for or find a replacement employee to cover the hours during which the employee is using safe leave.
(e)
Confidentiality; nondisclosure for survivors—
(1)
Confidentiality— All information provided to the employer pursuant to subsection (c) or (d), and the facts that the employee or family or household member is a survivor of domestic violence, dating violence, sexual assault, or stalking, and the employee has requested or obtained safe leave pursuant to this section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is—
(A)
requested or consented to by the employee in writing; or
(B)
otherwise required by applicable Federal or State law.
(2)
Confidential communications— The provision of any information under this section does not waive or diminish the confidential or privileged nature of communications between a survivor of domestic violence, dating violence, sexual assault, or stalking with one or more of the individuals or entities providing information under subclause (II), (III), (IV), or (V) of clause (i), or clause (ii), of subsection (d)(3)(A).
(3)
Nondisclosure— If an employer possesses health information about an employee or an employee’s family or household member, such information shall—
(A)
be maintained on a separate form and in a separate file from other personnel information;
(B)
be treated as a confidential medical record; and
(C)
not be disclosed except to the affected employee or with the written permission of the affected employee.
(f)
Employment and benefits—
(1)
Restoration to position—
(A)
In general— Except as provided in paragraph (2), any employee who takes leave under this section for the intended purpose of the leave shall be entitled, on return from such leave—
(i)
to be restored by the employer to the position of employment held by the employee when the leave commenced; or
(ii)
to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
(B)
Loss of benefits— The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
(C)
Limitations— Nothing in this subsection shall be construed to entitle any restored employee to any accrual, right, benefit, or position described in section 104(a)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(a)(3)).
(D)
Construction— Nothing in this paragraph shall be construed to prohibit an employer from requiring an employee on leave under this section to report periodically to the employer on the status and intention of the employee to return to work.
(2)
Exemption concerning certain highly compensated employees—
(A)
Denial of restoration— An employer may deny restoration under paragraph (1) to any employee described in subparagraph (B) if—
(i)
such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;
(ii)
the employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that such injury would occur; and
(iii)
in any case in which the leave has commenced, the employee elects not to return to employment after receiving such notice.
(B)
Affected employees— An employee referred to in subparagraph (A) is a salaried employee who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed.
(3)
Maintenance of health benefits—
(A)
Coverage— Except as provided in subparagraph (B), during any period that an employee takes leave under this section, the employer shall maintain coverage under any group health plan (meaning a group health plan as defined in section 5000(b)(1) of the Internal Revenue Code of 1986 or an employee welfare benefit plan as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1))) for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.
(B)
Failure to return from leave— The employer may recover the premium that the employer paid for maintaining coverage for the employee under such group health plan during any period of leave under this section if—
(i)
the employee fails to return from leave under this section after the period of leave to which the employee is entitled has expired; and
(ii)
the employee fails to return to work for a reason other than—
(I)
the continuation of, recurrence of, or onset of an episode of domestic violence, dating violence, sexual assault, or stalking, that entitles the employee to leave pursuant to this section; or
(II)
other circumstances beyond the control of the employee.
(C)
Certification—
(i)
Issuance— An employer may require an employee who claims that the employee is unable to return to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) to provide, within a reasonable period after making the claim, certification to the employer that the employee is unable to return to work because of the circumstances that formed the basis for that claim.
(ii)
Contents— An employee may satisfy the certification requirement of clause (i) by providing to the employer—
(I)
a sworn statement of the employee;
(II)
documentation from an employee, agent, or volunteer of a survivor services organization, an attorney, a member of the clergy, or a medical or other professional, from whom the employee or the employee's family or household member has sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, including the effects of domestic violence, dating violence, sexual assault, or stalking;
(III)
a police or court record; or
(IV)
other corroborating evidence.
(D)
Limitation on information requirements— An employer may not require an employee, under subparagraph (C), to produce, discuss with the employer, or provide—
(i)
any additional information, beyond the information enumerated in this paragraph that establishes that the employee is unable to return as described in subparagraph (C)(i); or
(ii)
any information that would compromise the safety of the employee or family or household member in any way.
(E)
Confidentiality— All information provided to the employer pursuant to subparagraph (C), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee is not returning to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii), shall be retained in the strictest confidence by the employer, except to the extent that disclosure is—
(i)
requested or consented to by the employee in writing; or
(ii)
otherwise required by applicable Federal or State law.
(F)
Confidential communications— The provision of any information under this paragraph does not waive or diminish the confidential or privileged nature of communications between a survivor of domestic violence, dating violence, sexual assault, or stalking with one or more of the individuals or entities providing information under subclause (II), (III), or (IV) of subparagraph (C)(ii).
(g)
Prohibited acts—
(1)
Interference with rights— Section 105(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615(a)) shall apply with respect to this title.
(2)
Interference with proceedings or inquiries— Section 105(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615(b)) shall apply with respect to this title.
(3)
Public agency sanctions— It shall be unlawful for any public agency to deny, reduce, or terminate the benefits of, or otherwise sanction any individual, or otherwise discriminate (including harassment or retaliation in any form or manner) against any individual with respect to the amount, terms, or conditions of public assistance of the individual, because the individual—
(A)
exercised or attempted to exercise any right provided under this section for the individual or the individual's family or household member; or
(B)
opposed any practice made unlawful by this section.
(h)
Enforcement—
(1)
Civil action by affected individuals—
(A)
Liability— Any employer that violates subsection (g) shall be liable to any individual affected—
(i)
for damages equal to—
(I)
the amount of—
(aa)
any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or
(bb)
in a case in which wages, salary, employment benefits, or other compensation has not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation;
(II)
the interest on the amount described in subclause (I) calculated at the prevailing rate; and
(III)
an additional amount as liquidated damages equal to the sum of the amount described in subclause (I) and the interest described in subclause (II), except that if an employer that has violated subsection (g) proves to the satisfaction of the court that the act or omission that violated subsection (g) was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of subsection (g), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under subclauses (I) and (II), respectively; and
(ii)
for such equitable relief as may be appropriate, including employment, reinstatement, and promotion.
(B)
Right of action— An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any employer in any Federal or State court of competent jurisdiction by any one or more affected individuals for and on behalf of—
(i)
the individuals; or
(ii)
the individuals and other individuals similarly situated.
(C)
Fees and costs— The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
(D)
Limitations— The right provided by subparagraph (B) to bring an action by or on behalf of any affected individual shall terminate—
(i)
on the filing of a complaint by the Secretary of Labor in an action under paragraph (4) in which restraint is sought of any further delay in the payment of the amount described in subparagraph (A)(i) to such individual by an employer responsible under subparagraph (A) for the payment; or
(ii)
on the filing of a complaint by the Secretary of Labor in an action under paragraph (2) in which a recovery is sought of the damages described in subparagraph (A)(i) owing to an affected individual by an employer liable under subparagraph (A),
(2)
Action by the Secretary of Labor—
(A)
Administrative action— The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of subsection (g) in the same manner as the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207).
(B)
Civil action— The Secretary of Labor may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (1)(A)(i).
(C)
Sums recovered— Any sums recovered by the Secretary of Labor pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each individual affected. Any such sums not paid to such an individual because of inability to do so within a period of three years shall be deposited into the Treasury of the United States as miscellaneous receipts.
(3)
Limitation—
(A)
In general— Except as provided in subparagraph (B), an action may be brought under this subsection not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
(B)
Willful violation— In the case of such action brought for a willful violation of subsection (g), such action may be brought within three years after the date of the last event constituting the alleged violation for which such action is brought.
(C)
Commencement— In determining when an action is commenced by the Secretary of Labor under this subsection for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed.
(4)
Action for injunction by Secretary of Labor— The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary of Labor—
(A)
to restrain violations of subsection (g), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to affected individuals; or
(B)
to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.
(5)
Solicitor of Labor— The Solicitor of Labor may appear for and represent the Secretary of Labor on any litigation brought under this subsection.
(6)
Employer liability under other laws— Nothing in this section shall be construed to limit the liability of an employer or public agency to an individual, for harm suffered relating to the individual’s experience of domestic violence, dating violence, sexual assault, or stalking, pursuant to any other Federal or State law, including a law providing for a legal remedy.
(7)
Library of Congress— Notwithstanding any other provision of this subsection, in the case of the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised by the Librarian of Congress.
(8)
Certain public agency employers—
(A)
Agencies— Notwithstanding any other provision of this subsection, in the case of a public agency that employs individuals as described in subparagraph (A) or (B) of section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than an entity of the legislative branch of the Federal Government), subparagraph (B) shall apply.
(B)
Authority— In the case described in subparagraph (A), the powers, remedies, and procedures provided in the case of a violation of chapter 63 of title 5, United States Code, in that title to an employing agency, in chapter 12 of that title to the Merit Systems Protection Board, or in that title to any person alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this subsection provides in the case of a violation of subsection (g) to that agency, that Board, or any person alleging a violation of subsection (g), concerning an employee who is an individual described in subparagraph (A).
(9)
Public agencies providing public assistance— Consistent with regulations prescribed under section 206(d), the President shall ensure that any public agency that violates subsection (g)(3), or subsection (g)(2) by discriminating as described in subsection (g)(3), shall provide to any individual who receives a less favorable amount, term, or condition of public assistance as a result of the violation—
(A)
(i)
the amount of any public assistance denied or lost to such individual by reason of the violation; and
(ii)
the interest on the amount described in clause (i), calculated at the prevailing rate; and
(B)
such equitable relief as may be appropriate.

Sec. 203 Existing leave usable for addressing domestic violence, dating violence, sexual assault, or stalking

An employee who is entitled to take paid or unpaid leave (including family, medical, sick, annual, personal, or similar leave) from employment, pursuant to State or local law, a collective bargaining agreement, or an employment benefits program or plan, may elect to substitute any period of such leave for an equivalent period of leave provided under section 202.

Sec. 204 Emergency benefits

(a)
In general— A State may use funds provided to the State under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) to provide nonrecurrent short-term emergency benefits to an individual for any period of leave the individual takes pursuant to section 202 of this Act.
(b)
Eligibility—
(1)
In general— An individual who is eligible for assistance under the State program funded under that part and for leave under section 202 shall be eligible for such emergency benefits, except as provided in paragraph (2).
(2)
Calculation— In calculating eligibility for such emergency benefits, the State shall count only the cash available or accessible to the individual.
(c)
Timing—
(1)
Applications— An individual seeking emergency benefits under subsection (a) from a State shall submit an application to the State.
(2)
Benefits— The State shall provide benefits to an eligible applicant under paragraph (1) on an expedited basis, and not later than seven days after the applicant submits an application under paragraph (1).

Sec. 205 Rule of construction

(a)
More protective laws, agreements, programs, and plans— Nothing in this title shall be construed to supersede any provision of any Federal, State, or local law, collective bargaining agreement, or employment benefits program or plan that provides—
(1)
greater leave rights for survivors of domestic violence, dating violence, sexual assault, or stalking than the rights established under this Act; or
(2)
leave benefits for a larger population of survivors of domestic violence, dating violence, sexual assault, or stalking (as defined in such law, agreement, program, or plan) than the survivors of domestic violence, dating violence, sexual assault, or stalking covered under this Act.
(b)
Less protective laws, agreements, programs, and plans— The rights established for survivors of domestic violence, dating violence, sexual assault, or stalking under this Act shall not be diminished by any State or local law, collective bargaining agreement, or employment benefits program or plan.

Sec. 206 Regulations

(a)
In general—
(1)
Authority to issue regulations— Except as provided in subsections (b), (c), and (d), the Secretary of Labor shall issue regulations to carry out this title.
(2)
Regulations regarding notices— The regulations described in paragraph (1) shall include regulations requiring every employer to post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily placed, a notice, to be prepared or approved by the Secretary of Labor, summarizing the provisions of this title and providing information on procedures for filing complaints. The Secretary of Labor shall develop such a notice and provide copies to employers upon request without charge.
(b)
Library of Congress— The Librarian of Congress shall prescribe the regulations described in subsection (a) with respect to employees of the Library of Congress. The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor under subsection (a).
(c)
Certain public agency employers— The Office of Personnel Management shall prescribe the regulations described in subsection (a) with respect to individuals described in subparagraph (A) or (B) of section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)) (other than an individual employed by an entity of the legislative branch of the Federal Government). The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor under subsection (a).
(d)
Public agencies providing public assistance— The President shall prescribe the regulations described in subsection (a) with respect to applicants for and recipients of public assistance, in the case of violations of section 202(g)(3), or section 202(g)(2) due to discrimination described in section 202(g)(3). The regulations prescribed under this subsection shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor under subsection (a).