[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3491 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3491
To prohibit adverse employment actions against quarantined or isolated
individuals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2020
Ms. Smith (for herself, Mrs. Gillibrand, Mr. Bennet, Mr. Van Hollen,
Mrs. Feinstein, Mr. Casey, Mr. Kaine, Mr. Sanders, and Ms. Klobuchar)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To prohibit adverse employment actions against quarantined or isolated
individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Protection for Quarantined
Individuals Act of 2020''.
SEC. 2. PROHIBITION ON ADVERSE EMPLOYMENT ACTIONS AGAINST QUARANTINED
OR ISOLATED INDIVIDUALS.
(a) In General.--An employer shall not discharge, discipline,
threaten, or penalize an employee of the employer, or otherwise
discriminate in the work terms, conditions, location, or privileges of
the employee, because the employee--
(1) has been, or is, in isolation or quarantine; or
(2) has responsibility for the care of a family member in
isolation or quarantine, regardless of whether such employee
has assumed responsibility for all or a portion of such care
voluntarily, by contract, or by agreement.
(b) Enforcement Authority.--
(1) Investigative authority.--
(A) In general.--To ensure compliance with the
provisions of subsection (a) or any order issued under
this section, the Secretary shall have the
investigative authority provided under section 11(a) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
211(a)), with respect to employers, employees, and
other individuals affected.
(B) Subpoena authority.--For the purposes of any
investigation provided for in this paragraph, the
Secretary shall have the subpoena authority provided
for under section 9 of the Fair Labor Standards Act of
1938 (29 U.S.C. 209).
(2) Civil action by employees or individuals.--
(A) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(B) may be maintained against any employer in any
Federal or State court of competent jurisdiction by one
or more employees or individuals or their
representative for and on behalf of--
(i) the employees or individuals; or
(ii) the employees or individuals and
others similarly situated.
(B) Liability.--Any employer who violates
subsection (a) shall be liable to any employee or
individual affected--
(i) for damages equal to--
(I) the amount of--
(aa) any wages, salary,
employment benefits, or other
compensation denied or lost by
reason of the violation; or
(bb) in a case in which
wages, salary, employment
benefits, or other compensation
have not been denied or lost,
any actual monetary losses
sustained 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; and
(ii) for such equitable relief as may be
appropriate, including employment,
reinstatement, and promotion.
(C) Fees and costs.--The court in an action under
this paragraph 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.
(3) Action by the secretary.--
(A) Administrative action.--The Secretary shall
receive, investigate, and attempt to resolve complaints
of violations of subsection (a) in the same manner that
the Secretary 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 may bring an
action in any court of competent jurisdiction to
recover the damages described in paragraph (2)(B)(i).
(C) Sums recovered.--Any sums recovered by the
Secretary pursuant to subparagraph (B) shall be held in
a special deposit account and shall be paid, on order
of the Secretary, directly to each employee or
individual affected. Any such sums not paid to an
employee or individual affected because of inability to
do so within a period of 3 years shall be deposited
into the Treasury of the United States as miscellaneous
receipts.
(4) Limitation.--
(A) In general.--An action may be brought under
paragraph (2), (3), or (5) not later than 2 years after
the date of the last event constituting the alleged
violation for which the action is brought.
(B) Commencement.--In determining when an action is
commenced under paragraph (2), (3), or (5) for the
purposes of this paragraph, it shall be considered to
be commenced on the date when the complaint is filed.
(5) Action for injunction by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, in an action brought by the Secretary--
(A) to restrain violations of subsection (a),
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 employees under this section; or
(B) to award such other equitable relief as may be
appropriate, including employment, reinstatement, and
promotion.
(6) Solicitor of labor.--The Solicitor of Labor may appear
for and represent the Secretary on any litigation brought under
paragraph (3) or (5).
(c) Definitions.--In this section:
(1) FMLA definitions.--The terms ``parent'', ``son or
daughter'', ``spouse'', and ``covered servicemember'' have the
meanings given the terms in section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611).
(2) Any other individual related by blood or affinity whose
close association is the equivalent of a family relationship.--
The term ``any other individual related by blood or affinity
whose close association is the equivalent of a family
relationship'', used with respect to an employee, means any
person with whom the employee has a significant personal bond
that is or is like a family relationship, regardless of
biological or legal relationship.
(3) Domestic partner.--The term ``domestic partner'', used
with respect to an employee, means--
(A) the person recognized as the domestic partner
of the employee under any domestic partnership or civil
union law of a State or political subdivision of a
State; or
(B) in the case of an unmarried employee, an
unmarried adult person who is in a committed, personal
relationship with the employee, is not a domestic
partner as described in subparagraph (A) to or in such
a relationship with any other person, and who is
designated to the employer by such employee as that
employee's domestic partner.
(4) Employer.--The term ``employer'' means a person engaged
in an industry affecting commerce.
(5) Family member.--The term ``family member'' means--
(A) a spouse or domestic partner, son or daughter,
son-in-law, daughter-in-law, parent, parent-in-law,
grandparent, grandchild, sibling, uncle or aunt, or
nephew or niece; or
(B) the next of kin of a covered servicemember, or
any other individual related by blood or affinity whose
close association is the equivalent of a family
relationship with the covered servicemember.
(6) Grandchild.--The term ``grandchild'' means the son or
daughter of an employee's son or daughter.
(7) Grandparent.--The term ``grandparent'' means a parent
of a parent of an employee.
(8) Isolation or quarantine.--The term ``isolation or
quarantine'', with respect to an individual, means isolation or
quarantine because of--
(A) a quarantine order under section 361 of the
Public Health Service Act (42 U.S.C. 264);
(B) an order or directive of a State, local, or
Tribal government;
(C) an order of a Federal, State, or Tribal court;
(D) a written recommendation of a State, local, or
Tribal official that the individual enter isolation or
quarantine; or
(E) voluntary health monitoring, which occurs when
an individual does not have symptoms but is believed to
have been exposed to someone who is sick based on
guidance issued by the Centers for Disease Control and
Prevention or the applicable State, local, or Tribal
health department.
(9) Nephew; niece.--The terms ``nephew'' and ``niece'',
used with respect to an employee, mean a son or daughter of the
employee's sibling.
(10) Parent-in-law.--The term ``parent-in-law'' means a
parent of the spouse or domestic partner of an employee.
(11) Sibling.--The term ``sibling'' means any person who is
a son or daughter of an employee's parent (other than the
employee).
(12) Son-in-law; daughter-in-law.--The terms ``son-in-law''
and ``daughter-in-law'', used with respect to an employee, mean
any person who is a spouse or domestic partner of a son or
daughter, as the case may be, of the employee.
(13) Uncle; aunt.--The terms ``uncle'' and ``aunt'', used
with respect to an employee, mean the son or daughter, as the
case may be, of the employee's grandparent (other than the
employee's parent).
(d) Rule of Construction.--Nothing in this section shall be
construed to alter the sick leave or sick pay terms of any employment
relationship or require payment of wages for hours not worked.
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