Emergency Limitation Periods Extensions for Workers Act

I 116TH CONGRESS 2D SESSION H. R. 6812 To extend limitation periods for labor and employment laws, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 12, 2020 Ms. DELAURO introduced the following bill; which was referred to the Com- mittee on Education and Labor, and in addition to the Committees on the Judiciary, Veterans’ Affairs, Oversight and Reform, and House Ad- ministration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned A BILL To extend limitation periods for labor and employment laws, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Emergency Limitation 4 Periods Extensions for Workers Act’’. 5 SEC. 2. EXTENDING LIMITATION PERIODS FOR LABOR AND 6 EMPLOYMENT LAWS. 7 (a) DEFINITIONS.—In this section: 8 VerDate Sep 11 2014 02:01 May 27, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6812.IH H6812 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 6812 IH (1) COVID–19 PUBLIC HEALTH EMERGENCY 1 PERIOD.—The term ‘‘COVID–19 public health emer- 2 gency period’’ means the period— 3 (A) beginning on the first date of the pub- 4 lic health emergency declared by the Secretary 5 of Health and Human Services under section 6 319 of the Public Health Service Act (42 7 U.S.C. 247d) on January 31, 2020, with re- 8 spect to COVID–19; and 9 (B) ending on the date on which the dec- 10 laration (including any renewal) terminates. 11 (2) LABOR OR EMPLOYMENT LAW.—The term 12 ‘‘labor or employment law’’ means— 13 (A) the Fair Labor Standards Act of 1938 14 (29 U.S.C. 201 et seq.); 15 (B) subchapter IV of chapter 31 of title 16 40, United States Code (commonly known as 17 the ‘‘Davis-Bacon Act’’); 18 (C) the Portal-to-Portal Act of 1974 (29 19 U.S.C. 251 et seq.), for violations of the Fair 20 Labor Standards Act of 1938 or subchapter IV 21 of chapter 31 of title 40, United States Code; 22 (D) the Occupational Safety and Health 23 Act of 1970 (29 U.S.C. 651 et seq.); 24 VerDate Sep 11 2014 02:01 May 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6812.IH H6812 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 6812 IH (E) the Migrant and Seasonal Agricultural 1 Worker Protection Act (29 U.S.C. 1801 et 2 seq.); 3 (F) the National Labor Relations Act (29 4 U.S.C. 151 et seq.); 5 (G) chapter 67 of title 41, United States 6 Code (commonly known as the ‘‘Service Con- 7 tract Act of 1965’’); 8 (H) section 2415 of title 28, United States 9 Code, for violations of chapter 67 of title 41, 10 United States Code; 11 (I) title VII of the Civil Rights Act of 1964 12 (42 U.S.C. 2000e et seq.); 13 (J) the Age Discrimination in Employment 14 Act of 1967 (29 U.S.C. 621 et seq.); 15 (K) title I and section 503, for violations 16 with respect to that title, of the Americans with 17 Disabilities Act of 1990 (42 U.S.C. 12111 et 18 seq., 12203); 19 (L) title V of the Rehabilitation Act of 20 1973 (29 U.S.C. 791 et seq.), for violations 21 with respect to sections 501 and 503 of that 22 title (29 U.S.C. 791, 793); 23 VerDate Sep 11 2014 02:01 May 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6812.IH H6812 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 6812 IH (M) title II of the Genetic Information 1 Nondiscrimination Act of 2008 (42 U.S.C. 2 2000ff et seq.); 3 (N) sections 1977 and 1979 of the Revised 4 Statutes (42 U.S.C. 1981, 1983); 5 (O) chapter 43 of title 38, United States 6 Code, for violations with respect to sections 7 4311, 4312, 4313, 4316, 4317, and 4318 of 8 that title; 9 (P) title I of the Family and Medical 10 Leave Act of 1993 (29 U.S.C. 2601 et seq.) 11 and the Emergency Family and Medical Leave 12 Expansion Act (29 U.S.C. 2612, 2620 note); 13 (Q) title 5, United States Code, for viola- 14 tions with respect to subchapter V of chapter 15 63 of that title; 16 (R) the Emergency Paid Sick Leave Act 17 (29 U.S.C. 2601 note); 18 (S) the Government Employee Rights Act 19 of 1991 (42 U.S.C. 2000e–16a et seq.); 20 (T) the Congressional Accountability Act 21 of 1995 (2 U.S.C. 1301 et seq.), for violations 22 described in sections 201, 202, 203, 206, 208, 23 215, and 220, and the Genetic Information 24 Nondiscrimination Act of 2008; and 25 VerDate Sep 11 2014 02:01 May 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6812.IH H6812 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 6812 IH (U) chapter 5 of title 3, United States 1 Code, for violations described in sections 411, 2 412, 413, 416, 417, 425, and 431 and the Ge- 3 netic Information Nondiscrimination Act of 4 2008. 5 (b) IN GENERAL.— 6 (1) OVERLAP INTERVAL.—In this subsection, 7 the term ‘‘overlap interval’’ means the interval of an 8 overlap between— 9 (A) any limitations period for filing a 10 claim, charge, filing, or other request for a Fed- 11 eral agency proceeding or complaint for a civil 12 action under a labor or employment law; and 13 (B) a COVID–19 public health emergency 14 period. 15 (2) EXTENSIONS OF LIMITATIONS PERIOD.— 16 Notwithstanding any provision of an Act or title de- 17 scribed in subsection (a)(2), or any other provision 18 of law, if there is an overlap described in paragraph 19 (1)(A) involving a limitations period described in 20 that paragraph, the limitations period shall be— 21 (A) extended to run through the 90th day 22 after the last day of the COVID–19 public 23 health emergency period; and 24 VerDate Sep 11 2014 02:01 May 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6812.IH H6812 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 6812 IH (B) extended again by the length of the 1 overlap interval. 2 Æ VerDate Sep 11 2014 02:01 May 27, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H6812.IH H6812 kjohnson on DSK79L0C42PROD with BILLS