A reader calls our attention to a proposed bill that would have a dramatic impact on the worplace.  We will add it to our watch list.

The "Working Families Flexibility Act" (S. 2419 / H.R. 4301), if enacted, would provide employees with an annual right to apply to his or her employer for a modification of the employee's work hours, schedule, or work location. The Act would require an employer to meet with an employee to discuss the requested modification within fourteen days. Thereafter, within fourteen days of the meeting, the employer would be required to provide the employee with a written decision regarding the requested modification. If the modification is denied, the employer would be required to state the grounds for the denial and may propose an alternative modification.

If the employee is dissatisfied with the employer’s decision, the bill would permit the employee to request reconsideration and, the bill would require: “ the employer and the employee shall hold a meeting to discuss the request for reconsideration.”

The bill would also give the employee the right to a representative of the employee's choosing at both the initial meeting and the reconsideration meeting.

The Act would make it unlawful for an employer to interfere with an employee's attempt to exercise his or her rights under the Act or to retaliate against any individual for, among other things, requesting a modification or assisting another in requesting a modification.

Individuals who believe that their rights under the Act have been violated would be allowed to file a complaint with the Administrator of the Wage and Hour Division of the Employment Standards Administration of the United States Department of Labor.

Violations of the Act could result in civil fines of up to $5,000 per violation and the awarding of such equitable relief as is deemed appropriate by the Department of Labor, including, reinstatement, promotion, back pay, and changes to terms and conditions of employment.

The Act was introduced in the Senate on December 6, 2007 by Senator Edward Kennedy (D-MA) and is currently co-sponsored by Senator Christopher Dodd (D-CT), Senator Hillary Clinton (D-NY) and Senator Barack Obama (D-IL). In the House, the Act was introduced on December 6, 2007 by Representative Carolyn Maloney (D-NY) and has six co-sponsors.  Neither body has taken action on the measure.