Bill Overview
Title: To amend the Fair Labor Standards Act of 1938 to require paid rest breaks for certain construction employees, and for other purposes.
Description: This bill requires employers to provide construction employees with paid rest breaks and protects employees against related retaliatory actions. Specifically, the bill requires that construction employees receive at least one 15-minute paid rest break for every four hours of work. An employer may not take retaliatory personnel action or otherwise discriminate against a construction employee who (1) requests or takes paid rest breaks, or (2) files a related complaint with the Department of Labor. At the time of hiring an employee, an employer must provide notice of the right to paid rest breaks and protections against related retaliatory actions in the construction employee's primary language. Further, the employer must post this information at construction work sites in both English and Spanish.
Sponsors: Rep. Garcia, Sylvia R. [D-TX-29]
Target Audience
Population: Construction workers
Estimated Size: 7800000
- The bill pertains to the Fair Labor Standards Act of 1938 which is a US federal law.
- It specifically targets the construction industry, one of the major employment sectors globally and in the US.
- Paid rest breaks are aimed at improving working conditions in the construction sector, which often involves physically demanding work.
- Unionized and non-unionized workers could be affected by this change, as it mandates a baseline standard across the industry.
- Federal changes to labor laws often affect all workers across the United States in the specified sector, unless they are specifically exempted.
Reasoning
- The policy focuses on improving working conditions and wellbeing for construction employees through mandated paid rest breaks.
- Paid rest breaks may lead to better physical health and productivity due to reduced fatigue, which is significant in the physically demanding construction sector.
- Retaliatory protections are expected to enhance job security and create a more positive workplace culture.
- The policy's impact will vary depending on factors such as union presence, company size, and current practices around breaks.
- Some construction companies might see increased costs, but the overall worker wellbeing improvement might offset these through higher productivity and reduced turnover.
Simulated Interviews
Construction Worker (Texas)
Age: 32 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 20.0 years
Commonness: 10/20
Statement of Opinion:
- This policy is much needed. We work long hours in tough conditions.
- The paid breaks will let us rest properly, which definitely helps during summer heat.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 9 | 5 |
| Year 20 | 9 | 5 |
Construction Supervisor (California)
Age: 45 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- This would ensure my team takes necessary breaks, which is hard to insist on during busy periods.
- I think it will improve site safety and overall morale.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 5 |
| Year 5 | 8 | 5 |
| Year 10 | 8 | 5 |
| Year 20 | 7 | 4 |
Electrician (New York)
Age: 28 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- We already have negotiated breaks, so the impact may not be huge for us.
- It's a good move for those in smaller firms without union protection.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 6 | 6 |
Project Manager (Florida)
Age: 39 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 6/20
Statement of Opinion:
- The policy will standardize rest breaks.
- Could face challenges in scheduling, especially with tight deadlines.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 7 | 5 |
| Year 20 | 6 | 5 |
Construction Company Owner (Illinois)
Age: 50 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 3/20
Statement of Opinion:
- I worry about the cost implications, but I can see how it might boost productivity.
- Compliance monitoring will be important.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 6 | 5 |
Foreman (Ohio)
Age: 27 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 20.0 years
Commonness: 8/20
Statement of Opinion:
- Breaks are needed, particularly in extreme weather conditions.
- This could help reduce the number of accidents on site.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 8 | 5 |
| Year 5 | 9 | 5 |
| Year 10 | 9 | 5 |
| Year 20 | 8 | 4 |
Architect (Washington State)
Age: 34 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 2/20
Statement of Opinion:
- Should ensure that worker conditions are better regulated.
- Alignment with our firm’s values, although we focus more on design.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Construction Laborer (New Mexico)
Age: 48 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 15.0 years
Commonness: 9/20
Statement of Opinion:
- Finally, a policy that acknowledges our hard work.
- I’m worried about how strictly this will be enforced though.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 7 | 5 |
| Year 3 | 7 | 5 |
| Year 5 | 8 | 4 |
| Year 10 | 8 | 4 |
| Year 20 | 7 | 3 |
Construction Apprentice (Illinois)
Age: 23 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 20.0 years
Commonness: 4/20
Statement of Opinion:
- The policy will definitely help me manage stress better.
- I'm all for anything that makes the job safer and fairer.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 8 | 6 |
| Year 3 | 8 | 6 |
| Year 5 | 8 | 6 |
| Year 10 | 8 | 5 |
| Year 20 | 7 | 5 |
Retired Construction Worker (Nevada)
Age: 53 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 0.0 years
Commonness: 1/20
Statement of Opinion:
- This policy is long overdue.
- Having experienced the hardships firsthand, I believe this will be immensely beneficial.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 8 | 8 |
| Year 20 | 8 | 8 |
Cost Estimates
Year 1: $5000000000 (Low: $4500000000, High: $5500000000)
Year 2: $5100000000 (Low: $4600000000, High: $5600000000)
Year 3: $5200000000 (Low: $4700000000, High: $5700000000)
Year 5: $5300000000 (Low: $4800000000, High: $5800000000)
Year 10: $5500000000 (Low: $5000000000, High: $6000000000)
Year 100: $8000000000 (Low: $7000000000, High: $9000000000)
Key Considerations
- Compliance costs could vary significantly based on the size and nature of the construction business.
- The monetary impact could differ by region, given varying wage scales across the US.
- Cultural and language barriers could influence the implementation costs for notices and education efforts.
- There may be unintended short-term employment effects if firms attempt to mitigate new costs by limiting hours or jobs.