Sec. 3. Relationship to other laws
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/bill/115/hr/4219/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 514 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1144 ) is amended by adding at the end the following: Subsection
(a)shall apply with respect to any and all State laws insofar as they may now or hereafter relate to any qualified flexible workplace arrangement plan described in part 8, except that in the case of workflex options offered under such a plan— except as provided in subparagraph (B), if only certain employees are eligible to enroll in a particular workflex option under the plan, such subsection shall apply with respect to any and all State laws insofar as they may now or hereafter relate to the particular workflex option solely with respect to those employees who are so eligible; and in the case of a workflex option consisting of a biweekly work program or a compressed work schedule program, such subsection shall apply with respect to any and all State laws insofar as they may now or hereafter relate to such workflex option solely with respect to those employees who enroll in such workflex option. For purposes of paragraph (1)(B), a State overtime law shall be considered to relate to any workflex option consisting of a biweekly work program or a compressed work schedule program. Subsection
(d)shall not be construed to permit the application of any State law otherwise permitted under section 401(b) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2651(b) ) that would impose requirements relating to a qualified flexible workplace arrangement plan. .
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