Energy and Commerce Committee, Education and Workforce Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
The Warehouse Worker Protection Act aims to safeguard employees in warehouse facilities by establishing new requirements for employers regarding performance quotas and working conditions. It creates a new Fairness and Transparency Office within the Department of Labor's Wage and Hour Division to oversee these protections and issue necessary regulations. This office will also establish an advisory board comprising various experts and representatives to guide its functions. The bill defines "covered employees" as those working in specific warehouse and distribution facilities who are subject to quotas, and "covered employers" as those with over 200 employees across all their facilities. Employers must provide written descriptions of all quotas, including how they are monitored, what data is collected, and potential disciplinary actions. Any changes to quotas or surveillance must be communicated two business days in advance, and adverse employment actions based on quotas require a written explanation and relevant work speed data. Key protections include prohibiting quotas that prevent compliance with meal/rest breaks, health and safety provisions, bathroom use, or reasonable accommodations. Quotas cannot measure performance over periods shorter than one day, or during entitled breaks. The bill also forbids quotas that discourage the exercise of rights under the National Labor Relations Act or collective bargaining agreements, or that violate accepted work measurement principles. Employers are required to minimize the collection and disclosure of employee work speed data, using it only as strictly necessary for quota monitoring. They must maintain records of individual and aggregated work speed data, and allow employees to supplement or dispute their data. Upon request, current and former employees, or their representatives, can access quota descriptions and work speed data. The legislation mandates paid 15-minute rest breaks for every four hours of work and prohibits retaliation against employees for exercising their rights under the Act. A rebuttable presumption of retaliation is established if adverse action occurs within 90 days of an employee engaging in protected activities. Enforcement powers are granted to the Secretary of Labor, including mandatory investigations for employers with high injury rates or multiple credible complaints. The Fair Labor Standards Act is amended to allow private rights of action for violations, with specific damages and civil penalties ranging from $10,000 to $769,870 for repeat or willful offenses. Importantly, the bill exempts claims under its provisions from predispute arbitration agreements, while preserving arbitration under collective bargaining agreements. The Federal Trade Commission is also empowered to enforce violations as unfair or deceptive acts. Title II amends the National Labor Relations Act, making it an unfair labor practice to impose quotas that significantly discourage or prevent employees from exercising their Section 7 rights. It also creates a rebuttable presumption of retaliation under the NLRA for quota-related actions taken within 90 days of an employee exercising these rights. The National Labor Relations Board is tasked with examining and reporting on cases where quotas were used to deny worker rights. Title III directs the Occupational Safety and Health Administration (OSHA) to develop new standards. These include a proposed standard within three years for ergonomic program management to protect against musculoskeletal disorders, covering hazard identification, control, training, and medical management. Additionally, OSHA must propose a standard within one year to prevent delays in medical treatment referrals for injured or ill employees, requiring trained first aid personnel and occupational medicine consultation services. Finally, the bill modifies OSHA enforcement procedures, stipulating that the period for correcting serious, willful, or repeated violations begins upon receipt of a citation, and a notice of contest does not automatically stay this period. Employers seeking a stay must demonstrate a substantial likelihood of success and that a stay will not adversely affect employee health and safety. The bill includes severability and preemption clauses, ensuring that state or local laws offering greater protections are not superseded, and authorizes appropriations for its implementation.
Referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
The Warehouse Worker Protection Act aims to safeguard employees in warehouse facilities by establishing new requirements for employers regarding performance quotas and working conditions. It creates a new Fairness and Transparency Office within the Department of Labor's Wage and Hour Division to oversee these protections and issue necessary regulations. This office will also establish an advisory board comprising various experts and representatives to guide its functions. The bill defines "covered employees" as those working in specific warehouse and distribution facilities who are subject to quotas, and "covered employers" as those with over 200 employees across all their facilities. Employers must provide written descriptions of all quotas, including how they are monitored, what data is collected, and potential disciplinary actions. Any changes to quotas or surveillance must be communicated two business days in advance, and adverse employment actions based on quotas require a written explanation and relevant work speed data. Key protections include prohibiting quotas that prevent compliance with meal/rest breaks, health and safety provisions, bathroom use, or reasonable accommodations. Quotas cannot measure performance over periods shorter than one day, or during entitled breaks. The bill also forbids quotas that discourage the exercise of rights under the National Labor Relations Act or collective bargaining agreements, or that violate accepted work measurement principles. Employers are required to minimize the collection and disclosure of employee work speed data, using it only as strictly necessary for quota monitoring. They must maintain records of individual and aggregated work speed data, and allow employees to supplement or dispute their data. Upon request, current and former employees, or their representatives, can access quota descriptions and work speed data. The legislation mandates paid 15-minute rest breaks for every four hours of work and prohibits retaliation against employees for exercising their rights under the Act. A rebuttable presumption of retaliation is established if adverse action occurs within 90 days of an employee engaging in protected activities. Enforcement powers are granted to the Secretary of Labor, including mandatory investigations for employers with high injury rates or multiple credible complaints. The Fair Labor Standards Act is amended to allow private rights of action for violations, with specific damages and civil penalties ranging from $10,000 to $769,870 for repeat or willful offenses. Importantly, the bill exempts claims under its provisions from predispute arbitration agreements, while preserving arbitration under collective bargaining agreements. The Federal Trade Commission is also empowered to enforce violations as unfair or deceptive acts. Title II amends the National Labor Relations Act, making it an unfair labor practice to impose quotas that significantly discourage or prevent employees from exercising their Section 7 rights. It also creates a rebuttable presumption of retaliation under the NLRA for quota-related actions taken within 90 days of an employee exercising these rights. The National Labor Relations Board is tasked with examining and reporting on cases where quotas were used to deny worker rights. Title III directs the Occupational Safety and Health Administration (OSHA) to develop new standards. These include a proposed standard within three years for ergonomic program management to protect against musculoskeletal disorders, covering hazard identification, control, training, and medical management. Additionally, OSHA must propose a standard within one year to prevent delays in medical treatment referrals for injured or ill employees, requiring trained first aid personnel and occupational medicine consultation services. Finally, the bill modifies OSHA enforcement procedures, stipulating that the period for correcting serious, willful, or repeated violations begins upon receipt of a citation, and a notice of contest does not automatically stay this period. Employers seeking a stay must demonstrate a substantial likelihood of success and that a stay will not adversely affect employee health and safety. The bill includes severability and preemption clauses, ensuring that state or local laws offering greater protections are not superseded, and authorizes appropriations for its implementation.
Referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.