Sec. 301. Consumer right to know about compliance with workers' rights

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The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.) is amended by inserting after section 18C ( 29 U.S.C. 218c ) the following: An employer shall post a notice, provided each calendar year by the Secretary under subsection (b), of the compliance of the employer with the covered labor laws during the 3 calendar years preceding the calendar year for which the notice applies (referred to in this section as the applicable 3-year period ). Such notice shall be posted— in each location of the employer— in a window that is located not less than 5 feet from the main entry way of such location; or if such a location does not have a window located within 5 feet of the main entry way, otherwise within 5 feet of the main entry way; on the official website of the employer, if the employer has such a website; and until the notice is replaced by a revised notice under this section or a notice for a subsequent calendar year.

The Secretary shall establish— in accordance with paragraph (2), a process for annually— reviewing the compliance of each employer with the covered labor laws during the applicable 3-year period; and providing a rating to each employer indicating the level of such compliance; and a notice for each employer to post in accordance with subsection (a), which shall— be easy for the public to understand; indicate the rating under this subsection of the employer for the calendar year; and otherwise be consistent across all employers.

The notice required under subsection

(a)shall provide a rating of the employer’s compliance with the covered labor laws during the applicable 3-year period in the form of one of 4 ratings described in subparagraph (B), including— a concise summary, in English, of the compliance of the employer with the covered labor laws during the applicable 3-year period; an emoji face or cartoon face that reflects such summary; and a color that reflects such summary. The Secretary shall prescribe through regulations the number, degree, and extent of violations of the covered labor laws by an employer during the applicable 3-year period that would qualify for each of the following 4 ratings: A rating of Excellent — meaning the employer has had no or few violations of the covered labor laws during such period; and which shall be paired with a very open-mouthed smiling face and a deep-green background color. A rating of Good — meaning the employer has had some violations of the covered labor laws during such period, but no major or extensive violations; and which shall be paired with a wide-smiling face and a light-green background color. A rating of Okay — meaning the employer has had, during such period— multiple violations of the covered labor laws; or very few major or extensive violations of the covered labor laws; and which shall be paired with a flat-mouthed and unenthusiastic face and a yellow background color. A rating of Needs Improvement — meaning the employer has had, during such period— several violations of the covered labor laws; more than a few major or extensive violations of the covered labor laws; or willful or repeated violations of the covered labor laws (as defined by the Secretary with respect to the covered labor laws); and which shall be paired with a frowning sad face and a gray background color. For each review under this section of the compliance of an employer with the covered labor laws, including any additional review under subsection

(c)or (d), the Secretary shall review— any information the employer provides to the Secretary with respect to the compliance of the employer with the covered labor laws for the applicable 3-year period; any information provided by any other individual or organization with respect to such compliance; and any other information the Secretary determines appropriate for the review. If an employer claims that the rating provided for the employer under this section is inaccurate, the employer may, not later than 10 days after receiving the notice under this section, request an additional review by the Secretary of the employer's compliance with the covered labor laws during the applicable 3-year period and a revised rating and notice. For each request made under paragraph (1), the Secretary shall conduct an additional review described in such paragraph and make a determination of whether to provide a revised rating and notice. If the Secretary determines that an alteration of the rating is warranted, the Secretary may provide the employer a revised rating and notice under this section. The employer shall, in accordance with subsection (a), post any such revised notice not later than 5 days after receiving such revised notice. If the Secretary determines that no alteration of the rating is warranted— the Secretary shall notify the employer of such determination; and the employer shall, in accordance with subsection (a), post the notice for which such review was conducted not later than 5 days after receiving the notification described in clause (i). If an employer claims that a rating under this section for a calendar year is inaccurate and submits a request under paragraph

(1)for an additional review of such rating, the employer may refrain from posting the notice under this section for such calendar year during the period of such additional review. If an employer so refrains from posting such notice, the employer shall keep the notice the employer received under this section for the previous calendar year (if the employer received such a notice) posted in accordance with subsection

(a)during the period of such additional review. An employer may not request an additional review of a rating for a calendar year under this subsection if the employer has previously requested such an additional review for the rating for such calendar year. If, after receiving a notice under this section for a calendar year, an employer claims that the employer has, not later than the end of such calendar year, fully remedied a violation that affected the rating of the employer under this section for that year and has reformed the practices of the employer to ensure future compliance with the covered labor laws, the employer may request an additional review of the employer's compliance with the covered labor laws, during the period beginning on the first day of the applicable 3-year period and ending on the date on which the employer submits the request, and a revised rating and notice under this section for the year. For each request made under paragraph (1), the Secretary shall conduct a review described in such paragraph and make a determination as to whether to provide a revised rating and notice. If the Secretary determines that the employer has, during the period beginning on the first day of the applicable 3-year period and ending on the date on which the employer submits the request under paragraph (1), fully remedied the violation with respect to which the employer submitted the request and has reformed its practices to ensure future compliance with the covered labor laws— the Secretary may provide the employer with a revised rating and notice under this section; and if the Secretary provides a revised rating and notice under clause (i), the employer shall, in accordance with subsection (a), post such revised notice not later than 5 days after receiving such revised notice. If the Secretary decides not to grant a revised rating and notice under this subsection, the Secretary shall notify the employer of such decision. An employer shall keep the notice for which a review under this subsection applies posted in accordance with subsection

(a)until the Secretary, if applicable, provides a revised rating and notice under subparagraph (B)(i). Except for the reviews described in subsections

(c)and (d), there shall be no other reviews, including judicial review, of the determinations of the Secretary regarding the rating of an employer under this section. If an employer violates a provision of this section for more than one month, the employer shall, in addition to the penalties under section 16(e)(11), publish the notice provided under this section in the most prominent local newspaper, as determined by the Secretary. The Secretary shall establish and maintain a public website that includes— the most recent rating, and all previous ratings, under this section for each employer, which shall be accessible through a simple search feature— by employer name, city, or zip code; and by location on a digital map; and an accounting of every violation by each employer during the 3-year period of the most recent rating under this section. The Secretary may use the website under this subsection to provide rankings of employers, including by comparing employers to other employers in the same industry. For purposes of this section, the term covered labor laws means, to the extent applicable to the employer, each of the following: This Act. The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.). The Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq.). The Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.). The National Labor Relations Act ( 29 U.S.C. 151 et seq.). Subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). Chapter 67 of title 41, United States Code (commonly known as the McNamara-O'Hara Service Contract Act ). Section 503 of the Rehabilitation Act of 1973 ( 29 U.S.C. 793 ). The Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq.). Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.). The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). The Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.). Title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq.). Any State law that the Secretary determines is equivalent to a law described in any of paragraphs

(1)through (13). . Section 16(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(e) ), as amended by section 207(a)(2), is further amended by adding at the end the following: Any person who violates section 18D shall be subject to a civil penalty of not more than $1,000 for each employee of the employer working at the location where the violation occurred and for each day of the violation. .

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