The "Warehouse Worker Protection Act" aims to establish comprehensive protections for employees in warehouse facilities. It creates a new Fairness and Transparency Office within the Wage and Hour Division of the Department of Labor, headed by a Director and advised by a board comprising experts in worker protection, civil rights, health and safety, and workplace technology. This office is tasked with issuing regulations and guidance to ensure the Act's objectives are met and to prevent evasions of its provisions. The Act defines "covered employees" as those subject to quotas in specific warehouse facilities and "covered employers" as those employing over 200 workers across their facilities. Employers must provide detailed written descriptions of all quotas , including performance targets, potential discipline, monitoring methods, and any associated workplace surveillance technology. Workers must also receive training on how to file complaints regarding violations, and any changes to quotas or surveillance must be communicated two business days in advance. Crucially, the bill prohibits quotas that prevent compliance with required breaks, health and safety laws, bathroom use, or reasonable accommodations. It also bans quotas that measure output over increments shorter than one day, evaluate performance during breaks, or discourage the exercise of labor rights. When an adverse employment action is taken due to quota non-compliance, employers must provide a written explanation and, if based on data, a human-readable copy of the employee's work speed data. Employers are restricted to collecting and using employee work speed data only as strictly necessary to monitor quota compliance and cannot disclose it to other employees without a specific business rationale. Comprehensive recordkeeping of employee work speed data, aggregated data, and quota descriptions is mandated, with provisions for employees to supplement or dispute records. Workers are granted a right to request copies of their quota descriptions and work speed data, as well as aggregated data for similarly situated employees. The bill mandates a minimum of one 15-minute paid rest break 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 protected activity. The Secretary of Labor is granted expanded enforcement powers, including investigations and on-site inspections, particularly for employers with high injury rates or multiple credible complaints. Violations can result in significant civil penalties, including up to $76,987 per violation, or $769,870 for repeat or willful violations. The Act invalidates predispute arbitration agreements and joint-action waivers for claims arising under its warehouse worker protections, while preserving arbitration in collective bargaining agreements. The Federal Trade Commission is also empowered to enforce violations as unfair or deceptive acts or practices. The bill amends the National Labor Relations Act to make it an unfair labor practice for employers to impose quotas that significantly discourage or prevent employees from exercising their Section 7 rights. It also mandates the Occupational Safety and Health Administration (OSHA) to develop new standards. These include a standard for ergonomic program management to protect against musculoskeletal disorders and another to prevent delays in medical treatment referrals following injuries or illnesses. OSHA enforcement is strengthened by requiring immediate correction of serious, willful, or repeated violations, even if contested, unless a stay is granted under strict criteria. The bill includes provisions for severability, ensuring that if any part is found unconstitutional, the rest remains valid. It also clarifies that its provisions do not preempt stronger state or local laws or more beneficial collective bargaining agreements, and authorizes appropriations for its implementation.
The "Warehouse Worker Protection Act" aims to establish comprehensive protections for employees in warehouse facilities. It creates a new Fairness and Transparency Office within the Wage and Hour Division of the Department of Labor, headed by a Director and advised by a board comprising experts in worker protection, civil rights, health and safety, and workplace technology. This office is tasked with issuing regulations and guidance to ensure the Act's objectives are met and to prevent evasions of its provisions. The Act defines "covered employees" as those subject to quotas in specific warehouse facilities and "covered employers" as those employing over 200 workers across their facilities. Employers must provide detailed written descriptions of all quotas , including performance targets, potential discipline, monitoring methods, and any associated workplace surveillance technology. Workers must also receive training on how to file complaints regarding violations, and any changes to quotas or surveillance must be communicated two business days in advance. Crucially, the bill prohibits quotas that prevent compliance with required breaks, health and safety laws, bathroom use, or reasonable accommodations. It also bans quotas that measure output over increments shorter than one day, evaluate performance during breaks, or discourage the exercise of labor rights. When an adverse employment action is taken due to quota non-compliance, employers must provide a written explanation and, if based on data, a human-readable copy of the employee's work speed data. Employers are restricted to collecting and using employee work speed data only as strictly necessary to monitor quota compliance and cannot disclose it to other employees without a specific business rationale. Comprehensive recordkeeping of employee work speed data, aggregated data, and quota descriptions is mandated, with provisions for employees to supplement or dispute records. Workers are granted a right to request copies of their quota descriptions and work speed data, as well as aggregated data for similarly situated employees. The bill mandates a minimum of one 15-minute paid rest break 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 protected activity. The Secretary of Labor is granted expanded enforcement powers, including investigations and on-site inspections, particularly for employers with high injury rates or multiple credible complaints. Violations can result in significant civil penalties, including up to $76,987 per violation, or $769,870 for repeat or willful violations. The Act invalidates predispute arbitration agreements and joint-action waivers for claims arising under its warehouse worker protections, while preserving arbitration in collective bargaining agreements. The Federal Trade Commission is also empowered to enforce violations as unfair or deceptive acts or practices. The bill amends the National Labor Relations Act to make it an unfair labor practice for employers to impose quotas that significantly discourage or prevent employees from exercising their Section 7 rights. It also mandates the Occupational Safety and Health Administration (OSHA) to develop new standards. These include a standard for ergonomic program management to protect against musculoskeletal disorders and another to prevent delays in medical treatment referrals following injuries or illnesses. OSHA enforcement is strengthened by requiring immediate correction of serious, willful, or repeated violations, even if contested, unless a stay is granted under strict criteria. The bill includes provisions for severability, ensuring that if any part is found unconstitutional, the rest remains valid. It also clarifies that its provisions do not preempt stronger state or local laws or more beneficial collective bargaining agreements, and authorizes appropriations for its implementation.