Securing workers’ rights through responsible recordkeeping and notice to employees

(a) Workplace health and safety Section 9(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 658(c)) is amended by adding at the end the following: In the case of a violation that relates to making, keeping, or preserving a record, such violation continues to occur until the earlier of (1) the date on which an employer complies with the requirement, rule, standard, order, or regulation that was violated with respect to making, keeping, or preserving such record; or (2) the date on which the requirement to keep and preserve such record expires.. (b) Wage, hour, and family and medical leave protections Section 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended by inserting before the last sentence the following: For purposes of enforcement of this subsection under section 16(e)(3), a violation of a requirement to make, keep, or preserve a record continues to occur until the earlier of (1) the date on which an employer has complied with the regulation or order that was violated with respect to such record, or (2) the date on which the requirement to keep and preserve such record expires. (c) Rulemaking Not later than one year after the date of enactment of this Act, the Secretary of Labor shall promulgate or amend such regulations as are necessary to implement the amendments made by this section. (d) Authorization Subsection (c) shall be considered a specific authorization by Congress in accordance with section 801(b)(2) of title 5, United States Code, with respect to the issuance of a new recordkeeping rule pursuant to the Occupational Safety and Health Act of 1970.