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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5208 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5208

To establish protections for warehouse workers, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

 Mr. Markey (for himself, Mr. Casey, Ms. Smith, Mr. Hawley, Mr. Brown, 
 Mr. Sanders, Mr. Padilla, Mrs. Gillibrand, Mr. Blumenthal, Mr. Welch, 
 Ms. Warren, and Ms. Butler) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 A BILL

 
To establish protections for warehouse workers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Warehouse Worker Protection Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                 TITLE I--WAREHOUSE WORKER PROTECTIONS

Sec. 101. Warehouse worker protections.
Sec. 102. Referral of complaints.
Sec. 103. Enforcement by the FTC.
                 TITLE II--NATIONAL LABOR RELATIONS ACT

Sec. 201. Amendments to National Labor Relations Act.
Sec. 202. National Labor Relations Board report.
                       TITLE III--OSHA STANDARDS

Sec. 301. Standard protecting covered employees from occupational risk 
                            factors causing musculoskeletal disorders.
Sec. 302. Standard for protecting covered employees from delays in 
                            medical treatment referrals following 
                            injuries or illnesses.
Sec. 303. Correction of serious, willful, or repeated violations 
                            pending contest and procedures for a stay.
Sec. 304. Definitions.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Severability.
Sec. 402. Preemption.
Sec. 403. Authorization of appropriations.

                 TITLE I--WAREHOUSE WORKER PROTECTIONS

SEC. 101. WAREHOUSE WORKER PROTECTIONS.

    The Fair Labor Standards Act of 1938 is amended--
            (1) by inserting after section 4 (29 U.S.C. 204) the 
        following:

``SEC. 5. ESTABLISHMENT OF FAIRNESS AND TRANSPARENCY OFFICE.

    ``(a) In General.--There is established in the Wage and Hour 
Division of the Department of Labor the Fairness and Transparency 
Office.
    ``(b) Director of the Fairness and Transparency Office.--The 
President shall appoint a Director of the Fairness and Transparency 
Office to head the Fairness and Transparency Office.
    ``(c) Employees and Advisory Boards of the Office.--
            ``(1) In general.--The Director--
                    ``(A) may select, appoint, and employ, without 
                regard to the provisions of sections 3309 through 3318 
                of title 5, United States Code, individuals directly to 
                positions in the competitive service, as defined in 
                section 2102 of such title, to carry out the duties of 
                the Director under this Act; and
                    ``(B) may fix the compensation of the individuals 
                described in subparagraph (A) without regard to chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates, except that the rate of 
                pay for such individuals may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of that title.
            ``(2) Fairness and transparency advisory board.--
                    ``(A) In general.--The Director shall establish a 
                Fairness and Transparency Advisory Board to advise and 
                consult on the exercise of the functions of the 
                Director under this Act.
                    ``(B) Composition.--The Fairness and Transparency 
                Advisory Board established under subparagraph (A) shall 
                be composed of--
                            ``(i) as the Director determines 
                        appropriate, covered employers and covered 
                        employees or representatives of covered 
                        employers and covered employees; and
                            ``(ii) at least one of each of the 
                        following:
                                    ``(I) Worker protection experts.
                                    ``(II) Civil rights experts.
                                    ``(III) Health and safety experts.
                                    ``(IV) Workplace technology 
                                experts.
                                    ``(V) Disability law experts.
                                    ``(VI) Representatives of labor 
                                organizations.
                                    ``(VII) Representatives of worker 
                                advocacy organizations.
                    ``(C) Appointments.--The Director shall--
                            ``(i) appoint members to the advisory board 
                        established under subparagraph (A); and
                            ``(ii) ensure a partisan balance in the 
                        membership of the advisory board.
                    ``(D) Meetings.--The advisory board established 
                under subparagraph (A) shall meet--
                            ``(i) at the call of the Director; and
                            ``(ii) not less than 2 times annually.
                    ``(E) Compensation and travel expenses.--A member 
                of the Fairness and Transparency Advisory Board 
                established under subparagraph (A) who is not an 
                officer or employee of the Federal Government shall--
                            ``(i) be entitled to receive compensation 
                        at a rate fixed by the Director while attending 
                        meetings of the advisory board, including 
                        travel time; and
                            ``(ii) receive travel expenses, including 
                        per diem in lieu of subsistence, in accordance 
                        with applicable provisions under subchapter I 
                        of chapter 57 of title 5, United States Code.
                    ``(F) Exemption from the federal advisory committee 
                act.--The Fairness and Transparency Advisory Board 
                established under subparagraph (A) shall be exempt from 
                chapter 10 of title 5, United States Code (commonly 
                known as the `Federal Advisory Committee Act').
            ``(3) Use of voluntary services.--The Director may, as may 
        from time to time be needed, use any voluntary or uncompensated 
        services.
            ``(4) Attorneys.--Attorneys appointed under this subsection 
        or the Solicitor of Labor may appear for and represent the 
        Director in any litigation.
    ``(d) Rulemaking.--
            ``(1) In general.--The Secretary, acting through the 
        Director and the Administrator of the Wage and Hour Office, may 
        issue orders and guidance or promulgate regulations as may be 
        necessary or appropriate to enable the Secretary to carry out 
        the purposes and objectives of this section, and to prevent 
        evasions thereof.
            ``(2) Consultation.--In issuing orders and guidance or 
        promulgating regulations under this subsection, the Secretary, 
        acting through the Director and the Administrator of the Wage 
        and Hour Office, may consult with the Occupational Safety and 
        Health Administration and Federal agencies that have 
        jurisdiction over labor and employment issues, including the 
        Equal Employment Opportunity Commission, the National Labor 
        Relations Board, the National Mediation Board, and the Merit 
        Systems Protection Board.'';
            (2) by inserting after section 7 (29 U.S.C. 207) the 
        following:

``SEC. 8. WAREHOUSE WORKER PROTECTIONS.

    ``(a) Definitions.--In this section:
            ``(1) Adverse employment action.--The term `adverse 
        employment action', with respect to a covered employee, means a 
        change by the covered employer of the covered employee in the 
        compensation, terms, conditions, or privileges of the job of 
        the covered employee that, from the perspective of a reasonable 
        person, puts the covered employee in a materially adverse 
        position than prior to the change, including termination, a 
        reduction in benefits, disciplinary action, demotion, 
        promotion, transfer, imposition of a work schedule more 
        burdensome to the covered employee, reduction of scheduled 
        hours, adjustment in ability for promotion, or other 
        modifications to compensation, terms, conditions, or privileges 
        of employment.
            ``(2) Aggregated work speed data.--The term `aggregated 
        work speed data' means employee work speed data that a covered 
        employer has combined, or collected together, in a summary or 
        other form so that the employee work speed data cannot, at any 
        point, be identified or linked with any specific covered 
        employee.
            ``(3) Covered facility.--The term `covered facility' means 
        any warehouse distribution center described in the North 
        American Industry Classification System code--
                    ``(A) 493, for warehousing and storage;
                    ``(B) 423, for merchant wholesalers, durable goods;
                    ``(C) 424, for merchant wholesalers, nondurable 
                goods;
                    ``(D) 454110, for electronic shopping and mail-
                order houses; or
                    ``(E) 492110, for couriers and express delivery 
                services.
            ``(4) Covered employee.--The term `covered employee' means 
        an employee who--
                    ``(A) is employed by an employer for the 
                performance of work at a covered facility; and
                    ``(B) is subject to a quota while performing work 
                at such covered facility.
            ``(5) Covered employer.--
                    ``(A) In general.--The term `covered employer' 
                means an employer that--
                            ``(i) is engaged in commerce, in the 
                        production of goods for commerce, or in an 
                        enterprise engaged in commerce or in the 
                        production of goods for commerce, including 
                        such an employer that is a contractor, 
                        subcontractor, temporary service firm, staffing 
                        agency, independent contractor, employee 
                        leasing entity, or similar entity;
                            ``(ii) employs a covered employee for the 
                        performance of work at a covered facility; and
                            ``(iii) employs more than a total of 200 
                        employees (including on a full- or part-time 
                        basis) for the performance of work at all 
                        covered facilities owned or operated by the 
                        employer.
                    ``(B) Rule of construction.--For purposes of 
                determining the number of employees under subparagraph 
                (A)(iii), the total number of employees employed for 
                the performance of work as described in such 
                subparagraph shall include all employees of any 
                affiliate of the employer (as determined in accordance 
                with section 121.103 of title 13, Code of Federal 
                Regulations, as in effect on the date of enactment of 
                the Warehouse Worker Protection Act).
            ``(6) Defined time period.--The term `defined time period' 
        means any unit of time measurement equal to or less than one 
        day, including hours, minutes, and seconds and any fraction 
        thereof.
            ``(7) Designated employee representative.--The term 
        `designated employee representative' means any representative 
        designated by a covered employee, including an employee 
        representative that has a collective bargaining relationship 
        with the covered employer of the covered employee.
            ``(8) Director.--The term `Director' means the Director of 
        the Fairness and Transparency Office established by section 5.
            ``(9) Egregious misconduct.--The term `egregious 
        misconduct', with respect to a covered employee, means 
        deliberate or grossly negligent conduct that endangers the 
        safety or well-being of the covered employee, co-workers of the 
        covered employer, customers, or other persons, including 
        discrimination against or harassment of co-workers, customers, 
        or other persons.
            ``(10) Employee work speed data.--The term `employee work 
        speed data' means information a covered employer collects, 
        stores, analyzes, or interprets relating to the performance of 
        work by a covered employee of the covered employer for a quota, 
        including information with respect to the--
                    ``(A) quantities of tasks performed by the covered 
                employee;
                    ``(B) quantities of items or materials handled or 
                produced by the covered employee;
                    ``(C) rates or speeds of tasks performed by the 
                covered employee;
                    ``(D) measurements or metrics of covered employee 
                performance in relation to a quota; or
                    ``(E) time categorized with respect to the covered 
                employee as performing tasks or not performing tasks.
            ``(11) Quota.--The term `quota' means an express or implied 
        performance standard or performance target, including such a 
        standard or target used to rank or compare an employee in 
        relation to the performance of another employee or in relation 
        to the past performance of the employee, under which--
                    ``(A)(i) an employee is actually or effectively 
                assigned, required, or expected within a defined time 
                period (with or without any reasonable accommodation 
                provided under Federal, State, or local law) to--
                                    ``(I) perform--
                                            ``(aa) a quantified number 
                                        of tasks; or
                                            ``(bb) at a specified 
                                        productivity speed; or
                                    ``(II) handle or produce a 
                                quantified amount of material without a 
                                certain number of errors or defects; 
                                and
                    ``(ii) such assignment, requirement, or expectation 
                is measured at the individual or group level for such 
                defined time period;
                    ``(B) actions by an employee are categorized and 
                measured between time performing tasks and not 
                performing tasks within a defined time period; or
                    ``(C) increments of time of a defined time period 
                during which an employee is or is not doing a 
                particular activity are measured, recorded, or tallied.
            ``(12) Similarly situated covered employee.--The term 
        `similarly situated covered employee', with respect to a 
        covered employee, means another covered employee who holds the 
        same job or responsibilities as the covered employee.
            ``(13) Tribal government.--The term `Tribal government' 
        means the recognized governing body of an Indian Tribe.
            ``(14) Workplace surveillance.--The term `workplace 
        surveillance' means any employer surveillance (on- or off-duty) 
        with respect to an employee, including the detection, 
        monitoring, interception, collection, exploitation, 
        preservation, protection, transmission, or retention of data 
        concerning activities or communications with respect to the 
        employee, including through the use of a product or service 
        marketed, or that can be used, for such purposes, such as a 
        computer, telephone, wire, radio, camera, sensor, 
        electromagnetic, photoelectronic, handheld or wearable device, 
        or photo-optical system.
            ``(15) Work station.--The term `work station' means the 
        area of a covered facility within which a covered employee is 
        assigned to perform tasks for the longest duration of time 
        during a day.
    ``(b) Communication With Covered Employees Regarding Quotas and 
Workplace Surveillance.--
            ``(1) In general.--On the later of the date a covered 
        employee is hired by a covered employer or 180 days after the 
        date of enactment of this section, each covered employer shall 
        provide to each covered employee of the covered employer--
                    ``(A) a written description of each quota to which 
                the covered employee is subject, including--
                            ``(i) as applicable, the quantified number 
                        of tasks to be performed or of materials to be 
                        produced or handled, or other performance 
                        measure, within the defined time period, for 
                        the quota;
                            ``(ii) any potential discipline or adverse 
                        employment action that could result from 
                        failure to meet the quota;
                            ``(iii) how performance targets or 
                        performance standards for the quota are 
                        calculated;
                            ``(iv) whether there is any incentive or 
                        bonus program associated with meeting or 
                        exceeding the quota and, if applicable, how the 
                        incentive or bonus program operates; and
                            ``(v) how the quota is monitored, including 
                        a description of--
                                    ``(I) what employee work speed data 
                                are being collected;
                                    ``(II) how the employee work speed 
                                data are being collected, including a 
                                description of any workplace 
                                surveillance technology used on the 
                                covered employee by the covered 
                                employer;
                                    ``(III) where and when the employee 
                                work speed data are being collected;
                                    ``(IV) the frequency of the 
                                collection;
                                    ``(V) where the storage of the 
                                employee work speed data is located;
                                    ``(VI) the business purposes for 
                                which the employee work speed data are 
                                being used; and
                                    ``(VII) as applicable, the identity 
                                of any third party--
                                            ``(aa) used for such 
                                        workplace surveillance;
                                            ``(bb) to which data from 
                                        such workplace surveillance is 
                                        transferred; and
                                            ``(cc) from which data of 
                                        the covered individual is or 
                                        may be purchased or acquired; 
                                        and
                    ``(B) a written description of and training with 
                respect to how the covered employee may file a 
                complaint regarding a violation of this section or a 
                standard promulgated under title III of the Warehouse 
                Worker Protection Act.
            ``(2) Changes to quota or workplace surveillance.--Each 
        covered employer shall provide to any applicable covered 
        employee an updated written description of any information 
        provided under paragraph (1) not less than 2 business days 
        before any changes with respect to such information are made.
            ``(3) Requirements for taking an adverse employment action 
        on quota compliance.--
                    ``(A) In general.--A covered employer that takes an 
                adverse employment action against a covered employee 
                for work performance that does not meet requirements 
                with respect to a quota shall provide--
                            ``(i) a written explanation to the covered 
                        employee regarding the manner in which the 
                        covered employee failed to perform, including a 
                        description of the applicable quota and a 
                        comparison of such work performance to such 
                        quota; and
                            ``(ii) if the adverse employment action was 
                        based on employee work speed data, a copy of 
                        the employee work speed data in a human-
                        readable format that a reasonable individual 
                        can understand.
                    ``(B) Notice for actions unrelated to quota.--A 
                covered employer that, with respect to any covered 
                employee who is subject to a quota, takes an adverse 
                employment action against such covered employee for any 
                reason that is unrelated to compliance with the quota 
                shall provide to such covered employee a written 
                confirmation that such action was unrelated to 
                compliance with the quota.
            ``(4) Termination.--
                    ``(A) In general.--Except as provided in clause 
                (ii), a covered employer that seeks to terminate a 
                covered employee shall, regardless of whether the 
                termination relates to work performance with respect to 
                a quota, provide to the covered employee a written 
                notice of the intent to terminate the covered employee.
                    ``(B) Egregious misconduct.--Notwithstanding 
                subparagraph (A), a covered employer may terminate a 
                covered employee without providing such written notice 
                if the covered employee engaged in egregious 
                misconduct.
            ``(5) Descriptions.--Each covered employer shall--
                    ``(A) provide any written description, notice, 
                explanation, or confirmation described in paragraph 
                (1), (2), (3), or (4) to a covered employee--
                            ``(i) through a human representative of the 
                        covered employer at the work station of the 
                        covered employee; and
                            ``(ii) in a manner required by the Director 
                        that--
                                    ``(I) is accessible;
                                    ``(II) allows the covered employee 
                                to transport the data in the 
                                description, notice, explanation, or 
                                confirmation without hindrance;
                                    ``(III) is in plain language; and
                                    ``(IV) is in the primary language 
                                of the covered employee; and
                    ``(B) make such description, notice, explanation, 
                or confirmation available to the covered employee 
                electronically.
    ``(c) Protection From Quotas.--
            ``(1) Prohibited quotas.--A covered employer may not 
        require any quota for a covered employee that would--
                    ``(A) prevent--
                            ``(i) compliance with any required meal or 
                        rest period or any other break required by 
                        Federal, State, or local law;
                            ``(ii) compliance with health and safety 
                        provisions required by Federal, State, or local 
                        law;
                            ``(iii) the use by the covered employee of 
                        bathroom facilities, including reasonable 
                        travel time to and from bathroom facilities 
                        that takes into account the architecture of the 
                        covered facility; or
                            ``(iv) compliance with a covered employee's 
                        right to reasonable accommodations or 
                        nondiscrimination as required by Federal, 
                        State, or local law;
                    ``(B) set a performance target or performance 
                standard that measures total output for the covered 
                employee over an increment of time that is shorter than 
                one day;
                    ``(C) measure and evaluate the output or 
                performance of a covered employee during any paid or 
                unpaid break to which the covered employee is entitled 
                under applicable law, contract, or industry standard, 
                including breaks to use bathroom facilities and 
                reasonable travel time to and from bathroom facilities;
                    ``(D) prevent or discourage the covered employee 
                from exercising any right under the National Labor 
                Relations Act (29 U.S.C. 151 et seq.) or any other 
                Federal law;
                    ``(E) prevent or discourage the covered employee 
                from exercising any right guaranteed in an applicable 
                collective bargaining agreement; or
                    ``(F) violate the generally accepted principles of 
                work measurement as set forth in the Code of Work 
                Measurement Ethics of the American Institute of 
                Industrial Engineers and recognized by the Secretary.
            ``(2) Adverse employment action.--A covered employer may 
        not take adverse employment action against a covered employee 
        for failure to meet a quota that--
                    ``(A) violates paragraph (1);
                    ``(B) was not described to the covered employee in 
                accordance with subsection (b);
                    ``(C) is based solely on ranking the performance of 
                the covered employee in relation to the performance of 
                another covered employee or in relation to the past 
                performance of that covered employee; or
                    ``(D) is based on continuously measuring, 
                recording, or tallying increments of time within a 
                defined time period during which a covered employee is 
                or is not doing a particular activity.
    ``(d) Minimization.--
            ``(1) Collection.--In establishing, maintaining, or using 
        employee work speed data with respect to a quota for a covered 
        employee, a covered employer may not collect, use, maintain, or 
        transfer data on or of the covered employee except as strictly 
        necessary to monitor the compliance of the covered employee 
        with the quota.
            ``(2) Employee access.--In establishing, maintaining, or 
        using employee work speed data with respect to a quota for a 
        covered employee, a covered employer may not disclose any 
        information collected on a covered employee with respect to the 
        quota to any other covered employee of the covered employer 
        except as strictly necessary to fulfill a specific and 
        reasonable business rationale of the covered employer.
    ``(e) Recordkeeping.--
            ``(1) In general.--Each covered employer shall--
                    ``(A) maintain contemporaneous records, with 
                respect to each covered employee of the covered 
                employer, of--
                            ``(i) the employee work speed data of each 
                        such covered employee;
                            ``(ii) the aggregated work speed data for 
                        similarly situated covered employees at the 
                        same place where each such covered employee 
                        performs work for the covered employer; and
                            ``(iii) the written descriptions of the 
                        quota of each such covered employee provided 
                        under subsection (b)(1);
                    ``(B) maintain such records for the duration of the 
                employment of each relevant covered employee; and
                    ``(C) make such records available to the Secretary 
                upon request.
            ``(2) Supplementation and dispute of records.--
                    ``(A) Supplementation of records.--Each covered 
                employer shall enable a covered employee, upon request 
                of the covered employee at or after the time of any 
                employee work speed data collection with respect to the 
                covered employee, to supplement the employee work speed 
                data by recording any reason the covered employee 
                provides for any defined time period during which the 
                covered employee was not performing work-related tasks, 
                including because the covered employee was taking a 
                paid or unpaid break, using a bathroom facility 
                (including reasonable travel to and from the facility), 
                reporting an injury or receiving attention due to an 
                injury, exercising a right guaranteed under the 
                National Labor Relations Act (29 U.S.C. 151 et seq.) or 
                another Federal law, or exercising a right guaranteed 
                under an applicable covered bargaining agreement.
                    ``(B) Dispute process.--
                            ``(i) In general.--Each covered employer 
                        shall enable a covered employee, upon request 
                        of the covered employee at or after the time of 
                        any data collection with respect to the covered 
                        employee, to review and request correction of 
                        the employee work speed data in accordance with 
                        clause (ii).
                            ``(ii) Correction of employee work speed 
                        data.--A covered employer that receives a 
                        request by a covered employee under clause (i) 
                        shall--
                                    ``(I) investigate and determine 
                                whether the employee work speed data is 
                                inaccurate; and
                                    ``(II) if determined to be 
                                inaccurate--
                                            ``(aa) promptly correct the 
                                        inaccurate data and notify the 
                                        covered employee of the covered 
                                        employer's determination and 
                                        correction; and
                                            ``(bb) review and adjust, 
                                        as appropriate, any adverse 
                                        employment action that was, 
                                        partially or solely, based on 
                                        the inaccurate data and notify 
                                        the covered employee of the 
                                        adjustment.
            ``(3) Retention of records.--
                    ``(A) In general.--After the termination of 
                employment of a covered employee of a covered employer, 
                the covered employer shall--
                            ``(i) for not less than 3 years after the 
                        date of such termination, retain the records 
                        described in paragraph (1) with respect to the 
                        6-month period prior to such date; and
                            ``(ii) make such records available to the 
                        Secretary upon request.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall require a covered employer to keep records described in 
        paragraph (1) with respect to employee work speed data if such 
        covered employer does not otherwise monitor employee work speed 
        data.
    ``(f) Right to Request.--
            ``(1) In general.--A covered employer shall, upon receiving 
        a request under paragraph (2) or (3), provide the relevant 
        copies described in such paragraphs to, as the case may be, the 
        covered employee, designated employee representative, or 
        individual who was a covered employee--
                    ``(A) except as provided in subparagraph (B)(ii), 
                at no cost to the covered employee, designated employee 
                representative, or individual who was a covered 
                employee;
                    ``(B) with respect to--
                            ``(i) a covered employee, by a human 
                        representative of the covered employer; or
                            ``(ii) a designated employee representative 
                        or an individual who was a covered employee, by 
                        a human representative of the covered employer 
                        or through the mail (at the cost of the 
                        designated employee representative or 
                        individual, respectively); and
                    ``(C) as soon as practicable but not later than--
                            ``(i) 7 business days after receipt of a 
                        request for such copies with respect to 
                        employee work speed data or aggregate work 
                        speed data; or
                            ``(ii) 2 business days after receipt of a 
                        request for any other copy.
            ``(2) Requests during employment.--A covered employee, or a 
        designated employee representative of such covered employee at 
        the request of the covered employee, may request from the 
        covered employer of the covered employee a copy of the written 
        description described under subsection (b), a copy of the 
        employee work speed data (in a human-readable format that a 
        reasonable individual can understand) of the covered employee 
        for the preceding 6-month period, and a copy of the aggregated 
        work speed data (in a human-readable format that a reasonable 
        individual can understand) for similarly situated covered 
        employees at the same place where the covered employee performs 
        work for the covered employer for the preceding 6-month period.
            ``(3) Requests after employment termination.--An individual 
        who was a covered employee with respect to a covered employer, 
        or a designated employee representative with respect to such an 
        individual, may, not later than 3 years after the date of 
        termination of employment of the covered employee with the 
        covered employer, request from the covered employer a copy of--
                    ``(A) the written description described under 
                subsection (b) effective on the date of termination of 
                the covered employee;
                    ``(B) the employee work speed data (in a human-
                readable format that a reasonable individual can 
                understand) of the covered employee for the 6-month 
                period prior to such date of termination; and
                    ``(C) the aggregated work speed data (in a human-
                readable format that a reasonable individual can 
                understand) for similarly situated covered employees at 
                the same place where the covered employee performs work 
                for the covered employer for such 6-month period.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall require a covered employer to--
                    ``(A) monitor employee work speed data; or
                    ``(B) provide information related to employee work 
                speed data if the covered employer does not otherwise 
                monitor such employee work speed data.
    ``(g) Posting of Notices.--
            ``(1) In general.--Each covered employer shall post, in a 
        conspicuous and accessible location, a notice in the covered 
        facility of the covered employer regarding the rights of 
        covered employees under this section, including what 
        constitutes a permissible quota, the right to request quota 
        descriptions and employee speed data information, and the right 
        to make a complaint to Federal authorities regarding a 
        violation of any right under this section.
            ``(2) Requirements for notices.--Each notice described in 
        paragraph (1) shall be in a manner required by the Director 
        that--
                    ``(A) is in plain language; and
                    ``(B) is in English, Spanish, and any other 
                language that constitutes the primary language of any 
                covered employee at the covered facility.
    ``(h) Breaks for Covered Employees.--
            ``(1) In general.--Each covered employer shall--
                    ``(A) with respect to each covered employee of such 
                covered employer--
                            ``(i) provide, for every 4 hours of work by 
                        such a covered employee, to the covered 
                        employee not less than one 15-minute rest break 
                        paid at the regular rate at which the covered 
                        employee is employed; and
                            ``(ii) provide, at the time the covered 
                        employer hires such a covered employee, notice 
                        to the covered employee, in plain language and 
                        the primary language of the covered employee, 
                        that--
                                    ``(I) the covered employee is 
                                entitled to the paid rest breaks 
                                described in clause (i);
                                    ``(II) retaliation by the covered 
                                employer against the covered employee 
                                for requesting or taking such paid rest 
                                breaks is prohibited; and
                                    ``(III) the covered employee, or a 
                                designated employee representative of 
                                the covered employee, has a right to 
                                file a complaint with the Secretary for 
                                any violation by the covered employer 
                                of this subsection; and
                    ``(B) display, in a conspicuous and accessible 
                location, a sign at each covered facility of the 
                covered employer that includes, in English, Spanish, 
                and any other language that constitutes the primary 
                language of any covered employee at the covered 
                facility, the information in the notice described in 
                subparagraph (A)(ii).
            ``(2) Notice.--Not later than 180 days after the date of 
        enactment of this section, the Secretary shall issue 
        regulations with respect to the design and content of the sign 
        described in paragraph (1)(B), including a sample design.
            ``(3) Interaction with other laws.--Nothing in this 
        subsection shall be construed to supersede or preempt any 
        Federal, State, or local law or collective bargaining agreement 
        requiring longer paid rest breaks than those required under 
        paragraph (1)(A)(i).
    ``(i) Unlawful Retaliation.--
            ``(1) In general.--A person, including a covered employer, 
        an agent of a covered employer, or person acting as or on 
        behalf of a covered employer conducting hiring or any related 
        activity, or an officer or agent of any entity, business, 
        corporation, partnership, or limited liability company, may 
        not--
                    ``(A) discharge or in any way retaliate, 
                discriminate, or take any adverse employment action 
                against any individual for exercising any right 
                conferred under this section, or for being perceived as 
                exercising such a right, including for--
                            ``(i) requesting copies under subsection 
                        (f);
                            ``(ii) filing a complaint under 
                        subparagraph (A) of section 16(f) regarding a 
                        violation of this section or designating a 
                        representative in accordance with subparagraph 
                        (B) of such section to file such a complaint; 
                        or
                            ``(iii) commencing a proceeding under 
                        section 16(b) for a violation of this section; 
                        or
                    ``(B) otherwise prevent an individual for 
                exercising such a right or take any action against an 
                individual that might deter a reasonable employee from 
                asserting a right conferred under this section.
            ``(2) Protections for good faith allegations.--The 
        protections under paragraph (1) shall apply to any individual 
        who mistakenly, but in good faith, alleges a violation of a 
        requirement of this section.
            ``(3) Explicit reference not required.--A complaint or 
        other communication by an individual, including a covered 
        employee, may be the exercise of a right for purposes of 
        paragraph (1) regardless of whether the complaint or 
        communication is in writing or makes explicit reference to this 
        Act.
            ``(4) Rebuttable presumption.--If a person takes adverse 
        action against a covered employee within 90 days of the covered 
        employee engaging, or attempting to engage in, activities 
        protected by paragraph (1), such conduct shall establish a 
        rebuttable presumption that the adverse action is an adverse 
        action in violation of such paragraph. Such presumption may be 
        rebutted by clear and convincing evidence that--
                    ``(A) the action was taken for other permissible 
                reasons; and
                    ``(B) the engaging or attempting to engage in 
                activities protected by paragraph (1) was not a 
                motivating factor in the adverse action.
    ``(j) Quota Task Force.--Not later than 90 days after the date of 
the enactment of this section, the Director shall convene a task force 
with labor organizations, worker advocacy organizations, and covered 
employees to develop strategies for labor organizations and worker 
advocacy organizations to--
            ``(1) assist in the enforcement of this section;
            ``(2) train covered employees with respect to new rights 
        provided through this section; and
            ``(3) provide the Director with recommendations on the 
        implementation of regulations related to this section.'';
            (3) in section 9 (29 U.S.C. 208), by striking ``and 
        investigation'' and inserting ``, investigation, or 
        inspection'';
            (4) by repealing section 10 (29 U.S.C. 210);
            (5) in section 11 (29 U.S.C. 211), by adding at the end the 
        following:
    ``(e)(1) The Secretary, acting through the Director of the Fairness 
and Transparency Division, shall, as provided in subsection (a) and 
paragraph (2), investigate violations of section 8, including any 
violations of any regulation or order issued with respect to that 
section.
    ``(2) In addition to powers otherwise provided to the Secretary 
under subsection (a), the Secretary, in investigating violations of 
section 8, may upon presenting appropriate credentials to the owner, 
operator, or agent in charge--
            ``(A) enter without delay and at reasonable times any 
        covered facility of a covered employer; and
            ``(B) inspect and investigate during regular working hours 
        and at other reasonable times, and within reasonable limits and 
        in a reasonable manner, any such covered facility and all 
        pertinent conditions, structures, machines, apparatus, devices, 
        equipment, and materials therein, and to question privately any 
        such covered employer, owner, operator, agent, or covered 
        employee.
    ``(3)(A) In conducting an inspection during an investigation into a 
violation of section 8, the Secretary shall permit, at the request of a 
covered employee, a representative of a labor organization or a worker 
advocacy organization, or another designee of the covered employee, to 
accompany any inspectors during such inspection.
    ``(B) A covered employee may, regardless of the relationship 
between the covered employee and the labor organization, worker 
advocacy organization, or other designee, anonymously request to the 
Secretary that the Secretary permit a representative of such labor 
organization, worker advocacy organization, or other designee accompany 
inspectors during an inspection in accordance with paragraph (1).
    ``(f)(1) Not later than 30 days after an event described in 
paragraph (2), the Secretary shall open an investigation under this 
section (that includes an on-site inspection) into any covered employer 
to determine if such covered employer is violating section 8.
    ``(2) An event described in this paragraph is, with respect to a 
covered employer, either of the following:
            ``(A) The Secretary determines that the covered employer--
                    ``(i) has an annual total of employee work hours 
                that is not less than 40,000 hours; and
                    ``(ii) has an annual employee injury rate, overall 
                or at a worksite, that is not less than 1.5 times the 
                warehousing industry's average annual injury rate, as 
                determined by the Bureau of Labor Statistics in the 
                most recent (as of such determination) publication 
                regarding fatal and nonfatal occupational injuries and 
                illnesses data.
            ``(B) The Secretary receives, during any one-year period, 
        not less than--
                    ``(i) 5 credible complaints from covered employees 
                of the covered employer, individuals who were covered 
                employees of the covered employer, or designated 
                representatives of such covered employees or 
                individuals, about violations under section 8 at a 
                worksite; or
                    ``(ii) 10 credible complaints from covered 
                employees of the covered employer, individuals who were 
                covered employees of the covered employer, or 
                designated representatives of such covered employees or 
                individuals, about such violations at multiple 
                worksites operated by the covered employer.
    ``(3) In conducting an investigation under paragraph (1), the 
Secretary shall select representatives of a labor organization or a 
worker advocacy organization who have specific knowledge of the 
relevant industry to conduct outreach to workers with respect to such 
investigation and aid and accompany investigators in such 
investigation.
    ``(g) For purposes of subsections (e) and (f), the terms `covered 
employee', `covered employer', and `covered facility' have the meanings 
given such terms in section 8(a).'';
            (6) in section 15(a) (29 U.S.C. 215(a))--
                    (A) in paragraph (5), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) to violate any of the provisions of section 8.''; and
            (7) in section 16 (29 U.S.C. 216)--
                    (A) in subsection (b)--
                            (i) by striking ``15(a)(3)'' each place it 
                        appears and inserting ``8, 15(a)(3),'';
                            (ii) in the second sentence, by inserting 
                        ``and, in the case of a violation of section 8, 
                        of an amount for the direct or foreseeable 
                        pecuniary harms resulting from the violation 
                        and an amount equal to $10,000 per violation of 
                        subsection (b), (d), (e), (f), or (g) of such 
                        section or an amount equal to $25,000 per 
                        violation of subsection (c), (h), or (i) of 
                        such section'' before the period at the end of 
                        the sentence; and
                            (iii) in the fifth sentence, by striking 
                        ``No'' and inserting ``Except with respect to 
                        an action brought regarding a violation of 
                        section 8, no'';
                    (B) in subsection (e)--
                            (i) by redesignating paragraphs (3), (4), 
                        and (5) as paragraphs (4), (5), and (6), 
                        respectively;
                            (ii) by inserting after paragraph (2), the 
                        following:
            ``(3) Any person who violates section 8 shall be subject to 
        a civil penalty--
                    ``(A) in an amount not more than $76,987 per 
                violation; or
                    ``(B) for repeat or willful violations, in an 
                amount not more than $769,870 per violation.''; and
                            (iii) in paragraph (4)(C), as so 
                        redesignated, by striking ``section 15(a)(4)'' 
                        and inserting ``paragraph (4) or (7) of section 
                        15(a)''; and
                    (C) by adding at the end the following:
    ``(f) Administrative Complaints Regarding Warehouse Worker 
Protections.--
            ``(1) In general.--A covered employee or an individual who 
        was a covered employee may--
                    ``(A) file a complaint of a violation of section 8 
                with the Secretary; and
                    ``(B) designate a representative of a labor 
                organization or worker advocacy organization, 
                regardless of the relationship between the covered 
                employee or individual and the labor organization or 
                worker advocacy organization, to--
                            ``(i) file the complaint on behalf of the 
                        covered employee or individual; or
                            ``(ii) represent the covered employee or 
                        individual for purposes of engagement with the 
                        Secretary regarding such complaint, including 
                        being present at employee interviews and 
                        participating in workplace inspections, 
                        conferences, and settlement negotiations.
            ``(2) Definition of covered employee.--For purposes of 
        paragraph (1), the term `covered employee' has the meaning 
        given such term in section 8(a).
    ``(g) Exemption From the Federal Arbitration Act Regarding 
Warehouse Worker Protections.--
            ``(1) In general.--Notwithstanding chapter 1 of title 9, 
        United States Code (commonly known as the `Federal Arbitration 
        Act'), no predispute arbitration agreement or predispute joint-
        action waiver (as those terms are defined in section 401 of 
        title 9, United States Code) shall be valid or enforceable with 
        respect to claims arising under this Act for violations of 
        section 8.
            ``(2) Arbitration pursuant to a collective bargaining 
        agreement.--Nothing in this subsection shall limit the 
        enforceability of any arbitration provision in a collective 
        bargaining agreement between a covered employer (as defined in 
        section 8(a)) and a labor organization.
    ``(h) Exception From Class Action Prerequisites for Actions 
Regarding Warehouse Worker Protections.--An employee who brings an 
action for a violation of section 8 on behalf of employees similarly 
situated shall be considered to have satisfied paragraphs (1) through 
(4) of rule 23(a) of the Federal Rules of Civil Procedure for purposes 
of such an action.''.

SEC. 102. REFERRAL OF COMPLAINTS.

    (a) Memorandum of Understanding.--The Director of the Fairness and 
Transparency Office established by section 5 of the Fair Labor 
Standards Act of 1938 (as added by section 101) and the Administrator 
of the Wage and Hour Office of the Department of Labor shall jointly 
enter into a memorandum of understanding with the Assistant Secretary 
of Labor for Occupational Safety and Health to encourage efficient 
enforcement of relevant labor laws, including through information 
sharing, referral of complaints, and cross-training of inspectors and 
investigators. The memorandum of understanding shall encourage 
coordination of enforcement activity in States enforcing relevant labor 
law under a State plan that has been approved by the Secretary under 
section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
667).
    (b) Referral of Complaints and Cross-Training.--The Director of the 
Fairness and Transparency Office shall, to the greatest extent 
possible--
            (1) encourage the referral of relevant complaints from and 
        to the Equal Employment Opportunity Commission, the National 
        Institute for Occupational Safety and Health, the Environmental 
        Protection Agency, the National Labor Relations Board, and 
        other Federal and State agencies that may conduct inspections 
        related to occupational health and safety in covered facilities 
        (as defined in section 8(a) of the Fair Labor Standards Act of 
        1938); and
            (2) promote cross-training of inspectors and investigators 
        in the Equal Employment Opportunity Commission, National 
        Institute for Occupational Safety and Health, Environmental 
        Protection Agency, and such other Federal and State agencies 
        for inspections related to working conditions in such covered 
        facilities.

SEC. 103. ENFORCEMENT BY THE FTC.

    (a) Unfair or Deceptive Acts or Practices.--A violation of section 
8 of the Fair Labor Standards Act (as added by section 101) shall be 
treated as a violation of a rule defining an unfair or deceptive act or 
practice under section 18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)).
    (b) Powers of the FTC.--
            (1) In general.--The Federal Trade Commission (in this 
        section referred to as the Commission) shall enforce section 8 
        and the regulations promulgated under this Act in the same 
        manner, by the same means, and with the same jurisdiction, 
        powers, and duties as though all applicable terms and 
        provisions of the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.) were incorporated into and made a part of this Act.
            (2) Privileges and immunities.--Any person who violates 
        section 8 of the Fair Labor Standards Act shall be subject to 
        the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.).
            (3) Authority preserved.--Nothing in this Act shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
            (4) Rulemaking.--The Commission may promulgate in 
        accordance with section 553 of title 5, United States Code, 
        such rules as may be necessary to carry out this section.

                 TITLE II--NATIONAL LABOR RELATIONS ACT

SEC. 201. AMENDMENTS TO NATIONAL LABOR RELATIONS ACT.

    (a) In General.--Section 8(a) of the National Labor Relations Act 
(29 U.S.C. 158) is amended--
            (1) in paragraph (5) by striking the period at the end and 
        inserting ``; and''; and
            (2) by adding at the end the following:
            ``(6) to impose on an employee a quota that significantly 
        discourages or prevents, or is intended to significantly 
        discourage or prevent, an employee from exercising the rights 
        guaranteed in section 7.''.
    (b) Presumption of Retaliation.--Section 8 of the such Act (29 
U.S.C. 158) is amended by adding at the end the following:
    ``(h) Presumption of Retaliation Related to a Quota.--Any action to 
impose a quota on an employee that is taken against the employee within 
90 days of an employee exercising the rights guaranteed in section 7 
shall establish a rebuttable presumption that the action is 
discrimination against the employee in violation of subsection 
(a)(6).''.
    (c) Definitions.--Section 2 such Act (29 U.S.C. 152) is amended by 
adding at the end the following:
            ``(15) Quota.--
                    ``(A) In general.--The term `quota' means a 
                performance standard or performance target, including 
                such a standard or target used to rank an employee in 
                relation to the performance of another employee or in 
                relation to the past performance of the employee, under 
                which--
                            ``(i)(I) an employee is actually or 
                        effectively assigned, required, or expected 
                        within a defined time period (with or without 
                        any reasonable accommodation provided under 
                        Federal, State, or local law) to--
                                            ``(aa) perform--

                                                    ``(AA) a quantified 
                                                number of tasks; or

                                                    ``(BB) at a 
                                                specified productivity 
                                                speed; or

                                            ``(bb) handle or produce a 
                                        quantified amount of material 
                                        without a certain number of 
                                        errors or defects; and
                            ``(II) such assignment, requirement, or 
                        expectation is measured at the individual or 
                        group level for such defined time period;
                            ``(ii) actions by an employee are 
                        categorized and measured between time 
                        performing tasks and not performing tasks 
                        within a defined time period; or
                            ``(iii) increments of time of a defined 
                        time period during which an employee is or is 
                        not doing a particular activity are measured, 
                        recorded, or tallied.
                    ``(B) Defined time period.--For purposes of 
                subparagraph (A), the term `defined time period' means 
                any unit of time measurement equal to or less than one 
                day, including hours, minutes, and seconds and any 
                fraction thereof.''.

SEC. 202. NATIONAL LABOR RELATIONS BOARD REPORT.

    The National Labor Relations Board shall--
            (1) examine cases in which a quota (as such term is defined 
        in section 2 of the National Labor Relations Act (29 U.S.C. 
        152)) was used as a reason to deny a worker rights under the 
        National Labor Relations Act; and
            (2) as often as practicable, submit a report on such cases 
        to--
                    (A) the Committee on Health, Education, Labor, and 
                Pensions of the Senate; and
                    (B) the Committee on Education and the Workforce of 
                the House of Representatives.

                       TITLE III--OSHA STANDARDS

SEC. 301. STANDARD PROTECTING COVERED EMPLOYEES FROM OCCUPATIONAL RISK 
              FACTORS CAUSING MUSCULOSKELETAL DISORDERS.

    (a) Proposed Standard.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall, pursuant to section 6 of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish 
in the Federal Register a proposed standard for ergonomic program 
management for covered employers with respect to covered employees, 
including requirements for--
            (1) hazard identification and ergonomic job evaluations for 
        covered employees, including requirements for covered employee 
        and designated employee representative participation in such 
        identification with the aim of maximizing such participation;
            (2) hazard control at covered facilities, which may rely on 
        the principles of the hierarchy of controls and which may 
        include measures such as equipment and workstation redesign, 
        work pace reductions, or job rotation to less forceful or 
        repetitive jobs;
            (3) training for covered employees regarding covered 
        employer activities, occupational risk factors, and training on 
        controls and recognition of symptoms of musculoskeletal 
        disorders; and
            (4) medical management for covered employees that 
        includes--
                    (A) encouraging early reporting of musculoskeletal 
                disorder symptoms;
                    (B) first aid delivered by those operating under 
                State licensing requirements; and
                    (C) systematic evaluation and early referral for 
                medical attention.
    (b) Final Standard.--Not later than 4 years after the date of 
enactment this Act, the Secretary shall, pursuant to section 6 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in 
the Federal Register a final standard based on the proposed standard 
under subsection (a).

SEC. 302. STANDARD FOR PROTECTING COVERED EMPLOYEES FROM DELAYS IN 
              MEDICAL TREATMENT REFERRALS FOLLOWING INJURIES OR 
              ILLNESSES.

    (a) Proposed Standard.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall, pursuant to section 6 of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish 
in the Federal Register a proposed standard requiring that--
            (1) all covered employers have a person readily available 
        at the covered facility of the covered employer who is 
        adequately trained to render first aid and ensure that such 
        person provides first aid to any injured or ill covered 
        employee and, without delay, refers any such covered employee 
        who reports an injury or illness that requires further medical 
        treatment to an appropriate medical professional for such 
        treatment; and
            (2) all covered employers provide to the covered employees 
        of the covered employer occupational medicine consultation 
        services through a physician who is board certified in 
        occupational medicine, which services shall include--
                    (A) regular review of any health and safety 
                program, medical management program, or ergonomics 
                program of the covered employer;
                    (B) review of any work-related injury or illness of 
                a covered employee;
                    (C) providing onsite health services for treatment 
                of such injury or illness; and
                    (D) consultation referral to a local health care 
                provider for treating such injury or illness.
    (b) Final Standard.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall, pursuant to section 6 of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish 
in the Federal Register a final standard based on the proposed standard 
under subsection (a).

SEC. 303. CORRECTION OF SERIOUS, WILLFUL, OR REPEATED VIOLATIONS 
              PENDING CONTEST AND PROCEDURES FOR A STAY.

    (a) In General.--Section 10 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 659) is amended by adding at the end the 
following:
    ``(d) Correction of Serious, Willful, or Repeated Violations 
Pending Contest and Procedures for a Stay.--
            ``(1) Period permitted for correction of serious, willful, 
        or repeated violations.--For each violation which the Secretary 
        designates as serious, willful, or repeated, the period 
        permitted for the correction of the violation shall begin to 
        run upon receipt of the citation.
            ``(2) Filing of a motion of contest.--The filing of a 
        notice of contest by an employer shall not operate as a stay of 
        the period for correction of a violation designated as serious, 
        willful, or repeated.
            ``(3) Criteria and rules of procedure for stays.--
                    ``(A) Motion for a stay.--An employer that receives 
                a citation alleging a violation designated as serious, 
                willful, or repeated and that files a notice of contest 
                to the citation asserting that the time set for 
                abatement of the alleged violation is unreasonable or 
                challenging the existence of the alleged violation may 
                file with the Commission a motion to stay the period 
                for the abatement of the violation.
                    ``(B) Criteria.--In determining whether a stay 
                should be issued on the basis of a motion filed under 
                subparagraph (A), the Commission may grant a stay only 
                if the employer has demonstrated--
                            ``(i) a substantial likelihood of success 
                        on the areas contested under subparagraph (A); 
                        and
                            ``(ii) that a stay will not adversely 
                        affect the health and safety of employees.
                    ``(C) Rules of procedure.--The Commission shall 
                develop rules of procedure for conducting a hearing on 
                a motion filed under subparagraph (A) on an expedited 
                basis. At a minimum, such rules shall provide the 
                following:
                            ``(i) That a hearing before an 
                        administrative law judge shall occur not later 
                        than 15 days following the filing of the motion 
                        for a stay (unless extended at the request of 
                        the employer), and shall provide for a decision 
                        on the motion not later than 15 days following 
                        the hearing (unless extended at the request of 
                        the employer).
                            ``(ii) That a decision of an administrative 
                        law judge on a motion for stay is rendered on a 
                        timely basis.
                            ``(iii) That if a party is aggrieved by a 
                        decision issued by an administrative law judge 
                        regarding the stay, such party has the right to 
                        file an objection with the Commission not later 
                        than 5 days after receipt of the administrative 
                        law judge's decision. Within 10 days after 
                        receipt of the objection, a Commissioner, if a 
                        quorum is seated pursuant to section 12(f), 
                        shall decide whether to grant review of the 
                        objection. If, within 10 days after receipt of 
                        the objection, no decision is made on whether 
                        to review the decision of the administrative 
                        law judge, the Commission declines to review 
                        such decision, or no quorum is seated, the 
                        decision of the administrative law judge shall 
                        become a final order of the Commission. If the 
                        Commission grants review of the objection, the 
                        Commission shall issue a decision regarding the 
                        stay not later than 30 days after receipt of 
                        the objection. If the Commission fails to issue 
                        such decision within 30 days, the decision of 
                        the administrative law judge shall become a 
                        final order of the Commission.
                            ``(iv) For notification to employees or 
                        representatives of affected employees of 
                        requests for such hearings, and to provide an 
                        opportunity for affected employees or 
                        representatives of affected employees to 
                        participate as parties to such hearings.''.
    (b) Conforming Amendments.--
            (1) In general.--The Occupational Safety and Health Act of 
        1970 is amended--
                    (A) in the first sentence of section 10(b) (29 
                U.S.C. 659(b)), by inserting ``, with the exception of 
                violations designated as serious, willful, or 
                repeated,'' after ``(which period shall not begin to 
                run''; and
                    (B) in section 17 (29 U.S.C. 666) by striking 
                subsection (d) and inserting the following:
    ``(d) Any employer who fails to correct a violation designated by 
the Secretary as serious, willful, or repeated and for which a citation 
has been issued under section 9(a) within the period permitted for its 
correction (and a stay has not been issued by the Commission under 
section 10(d)) may be assessed a civil penalty of not more than $7,000 
for each day during which such failure or violation continues. Any 
employer who fails to correct any other violation for which a citation 
has been issued under section 9(a) of this title within the period 
permitted for its correction (which period shall not begin to run until 
the date of the final order of the Commission in the case of any review 
proceeding under section 10 initiated by the employer in good faith and 
not solely for delay of avoidance of penalties) may be assessed a civil 
penalty of not more than $7,000 for each day during which such failure 
or violation continues.''.
            (2) Adjustment under the federal civil penalties inflation 
        adjustment act of 1990.--
                    (A) Catch-up.--Not later than 1 year after the date 
                of enactment of this Act, the Secretary of Labor shall 
                adjust the maximum amounts described in subsection (d) 
                of section 17 of the Occupational Safety and Health Act 
                of 1970 (29 U.S.C. 666), as amended by paragraph 
                (1)(B), so that each such amount equals the maximum 
                amount of the civil penalty under such subsection (as 
                in effect on the day before such date of enactment) as 
                adjusted by section 4 of the Federal Civil Penalties 
                Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note).
                    (B) Subsequent adjustments.--Subparagraph (A) and 
                the amendment made by this paragraph (1)(B) shall not 
                be construed to affect the application of the Federal 
                Civil Penalties Inflation Adjustment Act of 1990 (28 
                U.S.C. 2461 note) to the civil penalty amount under 
                section 17(d) of the Occupational Safety and Health Act 
                of 1970 (29 U.S.C. 666) for any adjustment under 
                section 4 of the Federal Civil Penalties Inflation 
                Adjustment Act of 1990 (28 U.S.C. 2461 note) after the 
                catch-up adjustment made by the Secretary of Labor 
                under subparagraph (A).

SEC. 304. DEFINITIONS.

    For purposes of sections 301 and 302, the terms ``covered 
employee'', ``covered employer'', ``covered facility'', and 
``designated employee representative'' have the meanings given such 
terms in section 8(a) of the Fair Labor Standards Act of 1938 (as added 
by section 101).

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. SEVERABILITY.

    If any provision of this Act (including an amendment made by this 
Act) or the application of such provision to any person, entity, 
government, or circumstance, is held to be unconstitutional, the 
remainder of this Act (including the amendments made by this Act), or 
the application of such provision to all other persons, entities, 
governments, or circumstances, shall not be affected thereby.

SEC. 402. PREEMPTION.

    (a) Interaction With Other Laws.--Nothing in this Act (including 
the amendments made by this Act) or the regulations promulgated under 
this Act shall be construed to supersede or preempt any law or 
ordinance of a State, or political subdivision of a State, that 
requires limitations on any quota for a covered employee of a covered 
employer that are comparable to or greater than the protections 
provided in this Act.
    (b) Collective Bargaining Agreements.--Nothing in this Act 
(including the amendments made by this Act) or the regulations 
promulgated under this Act shall be construed to supersede or preempt 
employment terms or conditions agreed upon in collective bargaining 
agreements that are more beneficial to a covered employee.
    (c) OSHA.--No action by the Director under this Act (including the 
amendments made by this Act) shall be construed as an exercise of 
statutory authority within the meaning of section 4(b)(1) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)).
    (d) Definitions.--For purposes of this section, the terms 
``Director'', ``covered employee'', ``covered employer'', ``designated 
employee representative'', and ``quota'' have the meanings given such 
terms in section 8(a) of the Fair Labor Standards Act of 1938 (as added 
by section 101).

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act such 
sums as may be necessary for each of the fiscal years 2025 through 
2035.
                                 <all>
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