II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Warehouse Worker 

5 Protection Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—WAREHOUSE WORKER PROTECTIONS 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 5208 IS

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. 

1 TITLE I—WAREHOUSE WORKER 

2 PROTECTIONS 

3 SEC. 101. WAREHOUSE WORKER PROTECTIONS. 

4 The Fair Labor Standards Act of 1938 is amended— 

5 (1) by inserting after section 4 (29 U.S.C. 204) 

6 the following: 

7 ‘‘SEC. 5. ESTABLISHMENT OF FAIRNESS AND TRANS8 PARENCY OFFICE. 

9 ‘‘(a) IN GENERAL.—There is established in the Wage 

10 and Hour Division of the Department of Labor the Fair11 ness and Transparency Office. 

12 ‘‘(b) DIRECTOR OF THE FAIRNESS AND TRANS13 PARENCY OFFICE.—The President shall appoint a Direc14 tor of the Fairness and Transparency Office to head the 

15 Fairness and Transparency Office. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 5208 IS

1 ‘‘(c) EMPLOYEES AND ADVISORY BOARDS OF THE

2 OFFICE.— 

3 ‘‘(1) IN GENERAL.—The Director— 

4 ‘‘(A) may select, appoint, and employ, 

5 without regard to the provisions of sections 

6 3309 through 3318 of title 5, United States 

7 Code, individuals directly to positions in the 

8 competitive service, as defined in section 2102 

9 of such title, to carry out the duties of the Di10 rector under this Act; and 

11 ‘‘(B) may fix the compensation of the indi12 viduals described in subparagraph (A) without 

13 regard to chapter 51 and subchapter III of 

14 chapter 53 of title 5, United States Code, relat15 ing to classification of positions and General 

16 Schedule pay rates, except that the rate of pay 

17 for such individuals may not exceed the rate 

18 payable for level V of the Executive Schedule 

19 under section 5316 of that title. 

20 ‘‘(2) FAIRNESS AND TRANSPARENCY ADVISORY

21 BOARD.— 

22 ‘‘(A) IN GENERAL.—The Director shall es23 tablish a Fairness and Transparency Advisory 

24 Board to advise and consult on the exercise of 

25 the functions of the Director under this Act. 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 5208 IS

1 ‘‘(B) COMPOSITION.—The Fairness and 

2 Transparency Advisory Board established under 

3 subparagraph (A) shall be composed of— 

4 ‘‘(i) as the Director determines appro5 priate, covered employers and covered em6 ployees or representatives of covered em7 ployers and covered employees; and 

8 ‘‘(ii) at least one of each of the fol9 lowing: 

10 ‘‘(I) Worker protection experts. 

11 ‘‘(II) Civil rights experts. 

12 ‘‘(III) Health and safety experts. 

13 ‘‘(IV) Workplace technology ex14 perts. 

15 ‘‘(V) Disability law experts. 

16 ‘‘(VI) Representatives of labor 

17 organizations. 

18 ‘‘(VII) Representatives of worker 

19 advocacy organizations. 

20 ‘‘(C) APPOINTMENTS.—The Director 

21 shall— 

22 ‘‘(i) appoint members to the advisory 

23 board established under subparagraph (A); 

24 and 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 5208 IS

1 ‘‘(ii) ensure a partisan balance in the 

2 membership of the advisory board. 

3 ‘‘(D) MEETINGS.—The advisory board es4 tablished under subparagraph (A) shall meet— 

5 ‘‘(i) at the call of the Director; and 

6 ‘‘(ii) not less than 2 times annually. 

7 ‘‘(E) COMPENSATION AND TRAVEL EX8 PENSES.—A member of the Fairness and 

9 Transparency Advisory Board established under 

10 subparagraph (A) who is not an officer or em11 ployee of the Federal Government shall— 

12 ‘‘(i) be entitled to receive compensa13 tion at a rate fixed by the Director while 

14 attending meetings of the advisory board, 

15 including travel time; and 

16 ‘‘(ii) receive travel expenses, including 

17 per diem in lieu of subsistence, in accord18 ance with applicable provisions under sub19 chapter I of chapter 57 of title 5, United 

20 States Code. 

21 ‘‘(F) EXEMPTION FROM THE FEDERAL AD22 VISORY COMMITTEE ACT.—The Fairness and 

23 Transparency Advisory Board established under 

24 subparagraph (A) shall be exempt from chapter 

25 10 of title 5, United States Code (commonly 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 5208 IS

1 known as the ‘Federal Advisory Committee 

2 Act’). 

3 ‘‘(3) USE OF VOLUNTARY SERVICES.—The Di4 rector may, as may from time to time be needed, use 

5 any voluntary or uncompensated services. 

6 ‘‘(4) ATTORNEYS.—Attorneys appointed under 

7 this subsection or the Solicitor of Labor may appear 

8 for and represent the Director in any litigation. 

9 ‘‘(d) RULEMAKING.— 

10 ‘‘(1) IN GENERAL.—The Secretary, acting 

11 through the Director and the Administrator of the 

12 Wage and Hour Office, may issue orders and guid13 ance or promulgate regulations as may be necessary 

14 or appropriate to enable the Secretary to carry out 

15 the purposes and objectives of this section, and to 

16 prevent evasions thereof. 

17 ‘‘(2) CONSULTATION.—In issuing orders and 

18 guidance or promulgating regulations under this 

19 subsection, the Secretary, acting through the Direc20 tor and the Administrator of the Wage and Hour 

21 Office, may consult with the Occupational Safety 

22 and Health Administration and Federal agencies 

23 that have jurisdiction over labor and employment 

24 issues, including the Equal Employment Oppor25 tunity Commission, the National Labor Relations 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 5208 IS

1 Board, the National Mediation Board, and the Merit 

2 Systems Protection Board.’’; 

3 (2) by inserting after section 7 (29 U.S.C. 207) 

4 the following: 

5 ‘‘SEC. 8. WAREHOUSE WORKER PROTECTIONS. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) ADVERSE EMPLOYMENT ACTION.—The 

8 term ‘adverse employment action’, with respect to a 

9 covered employee, means a change by the covered 

10 employer of the covered employee in the compensa11 tion, terms, conditions, or privileges of the job of the 

12 covered employee that, from the perspective of a rea13 sonable person, puts the covered employee in a ma14 terially adverse position than prior to the change, in15 cluding termination, a reduction in benefits, discipli16 nary action, demotion, promotion, transfer, imposi17 tion of a work schedule more burdensome to the cov18 ered employee, reduction of scheduled hours, adjust19 ment in ability for promotion, or other modifications 

20 to compensation, terms, conditions, or privileges of 

21 employment. 

22 ‘‘(2) AGGREGATED WORK SPEED DATA.—The 

23 term ‘aggregated work speed data’ means employee 

24 work speed data that a covered employer has com25 bined, or collected together, in a summary or other 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 5208 IS

1 form so that the employee work speed data cannot, 

2 at any point, be identified or linked with any specific 

3 covered employee. 

4 ‘‘(3) COVERED FACILITY.—The term ‘covered 

5 facility’ means any warehouse distribution center de6 scribed in the North American Industry Classifica7 tion System code— 

8 ‘‘(A) 493, for warehousing and storage; 

9 ‘‘(B) 423, for merchant wholesalers, dura10 ble goods; 

11 ‘‘(C) 424, for merchant wholesalers, non12 durable goods; 

13 ‘‘(D) 454110, for electronic shopping and 

14 mail-order houses; or 

15 ‘‘(E) 492110, for couriers and express de16 livery services. 

17 ‘‘(4) COVERED EMPLOYEE.—The term ‘covered 

18 employee’ means an employee who— 

19 ‘‘(A) is employed by an employer for the 

20 performance of work at a covered facility; and 

21 ‘‘(B) is subject to a quota while performing 

22 work at such covered facility. 

23 ‘‘(5) COVERED EMPLOYER.— 

24 ‘‘(A) IN GENERAL.—The term ‘covered em25 ployer’ means an employer that— 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 5208 IS

1 ‘‘(i) is engaged in commerce, in the 

2 production of goods for commerce, or in an 

3 enterprise engaged in commerce or in the 

4 production of goods for commerce, includ5 ing such an employer that is a contractor, 

6 subcontractor, temporary service firm, 

7 staffing agency, independent contractor, 

8 employee leasing entity, or similar entity; 

9 ‘‘(ii) employs a covered employee for 

10 the performance of work at a covered facil11 ity; and 

12 ‘‘(iii) employs more than a total of 

13 200 employees (including on a full- or 

14 part-time basis) for the performance of 

15 work at all covered facilities owned or op16 erated by the employer. 

17 ‘‘(B) RULE OF CONSTRUCTION.—For pur18 poses of determining the number of employees 

19 under subparagraph (A)(iii), the total number 

20 of employees employed for the performance of 

21 work as described in such subparagraph shall 

22 include all employees of any affiliate of the em23 ployer (as determined in accordance with sec24 tion 121.103 of title 13, Code of Federal ReguVerDate Sep 11 2014 20:47 Oct 10, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5208.IS S5208

ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 5208 IS

1 lations, as in effect on the date of enactment of 

2 the Warehouse Worker Protection Act). 

3 ‘‘(6) DEFINED TIME PERIOD.—The term ‘de4 fined time period’ means any unit of time measure5 ment equal to or less than one day, including hours, 

6 minutes, and seconds and any fraction thereof. 

7 ‘‘(7) DESIGNATED EMPLOYEE REPRESENTA8 TIVE.—The term ‘designated employee representa9 tive’ means any representative designated by a cov10 ered employee, including an employee representative 

11 that has a collective bargaining relationship with the 

12 covered employer of the covered employee. 

13 ‘‘(8) DIRECTOR.—The term ‘Director’ means 

14 the Director of the Fairness and Transparency Of15 fice established by section 5. 

16 ‘‘(9) EGREGIOUS MISCONDUCT.—The term 

17 ‘egregious misconduct’, with respect to a covered 

18 employee, means deliberate or grossly negligent con19 duct that endangers the safety or well-being of the 

20 covered employee, co-workers of the covered em21 ployer, customers, or other persons, including dis22 crimination against or harassment of co-workers, 

23 customers, or other persons. 

24 ‘‘(10) EMPLOYEE WORK SPEED DATA.—The 

25 term ‘employee work speed data’ means information 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 5208 IS

1 a covered employer collects, stores, analyzes, or in2 terprets relating to the performance of work by a 

3 covered employee of the covered employer for a 

4 quota, including information with respect to the— 

5 ‘‘(A) quantities of tasks performed by the 

6 covered employee; 

7 ‘‘(B) quantities of items or materials han8 dled or produced by the covered employee; 

9 ‘‘(C) rates or speeds of tasks performed by 

10 the covered employee; 

11 ‘‘(D) measurements or metrics of covered 

12 employee performance in relation to a quota; or 

13 ‘‘(E) time categorized with respect to the 

14 covered employee as performing tasks or not 

15 performing tasks. 

16 ‘‘(11) QUOTA.—The term ‘quota’ means an ex17 press or implied performance standard or perform18 ance target, including such a standard or target 

19 used to rank or compare an employee in relation to 

20 the performance of another employee or in relation 

21 to the past performance of the employee, under 

22 which— 

23 ‘‘(A)(i) an employee is actually or effec24 tively assigned, required, or expected within a 

25 defined time period (with or without any reaVerDate Sep 11 2014 20:47 Oct 10, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5208.IS S5208

ssavage on LAPJG3WLY3PROD with BILLS
12 

•S 5208 IS

1 sonable accommodation provided under Federal, 

2 State, or local law) to— 

3 ‘‘(I) perform— 

4 ‘‘(aa) a quantified number 

5 of tasks; or 

6 ‘‘(bb) at a specified produc7 tivity speed; or 

8 ‘‘(II) handle or produce a quan9 tified amount of material without a 

10 certain number of errors or defects; 

11 and 

12 ‘‘(ii) such assignment, requirement, or ex13 pectation is measured at the individual or group 

14 level for such defined time period; 

15 ‘‘(B) actions by an employee are cat16 egorized and measured between time per17 forming tasks and not performing tasks within 

18 a defined time period; or 

19 ‘‘(C) increments of time of a defined time 

20 period during which an employee is or is not 

21 doing a particular activity are measured, re22 corded, or tallied. 

23 ‘‘(12) SIMILARLY SITUATED COVERED EM24 PLOYEE.—The term ‘similarly situated covered em25 ployee’, with respect to a covered employee, means 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•S 5208 IS

1 another covered employee who holds the same job or 

2 responsibilities as the covered employee. 

3 ‘‘(13) TRIBAL GOVERNMENT.—The term ‘Tribal 

4 government’ means the recognized governing body of 

5 an Indian Tribe. 

6 ‘‘(14) WORKPLACE SURVEILLANCE.—The term 

7 ‘workplace surveillance’ means any employer surveil8 lance (on- or off-duty) with respect to an employee, 

9 including the detection, monitoring, interception, col10 lection, exploitation, preservation, protection, trans11 mission, or retention of data concerning activities or 

12 communications with respect to the employee, in13 cluding through the use of a product or service mar14 keted, or that can be used, for such purposes, such 

15 as a computer, telephone, wire, radio, camera, sen16 sor, electromagnetic, photoelectronic, handheld or 

17 wearable device, or photo-optical system. 

18 ‘‘(15) WORK STATION.—The term ‘work sta19 tion’ means the area of a covered facility within 

20 which a covered employee is assigned to perform 

21 tasks for the longest duration of time during a day. 

22 ‘‘(b) COMMUNICATION WITH COVERED EMPLOYEES

23 REGARDING QUOTAS AND WORKPLACE SURVEILLANCE.— 

24 ‘‘(1) IN GENERAL.—On the later of the date a 

25 covered employee is hired by a covered employer or 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•S 5208 IS

1 180 days after the date of enactment of this section, 

2 each covered employer shall provide to each covered 

3 employee of the covered employer— 

4 ‘‘(A) a written description of each quota to 

5 which the covered employee is subject, includ6 ing— 

7 ‘‘(i) as applicable, the quantified num8 ber of tasks to be performed or of mate9 rials to be produced or handled, or other 

10 performance measure, within the defined 

11 time period, for the quota; 

12 ‘‘(ii) any potential discipline or ad13 verse employment action that could result 

14 from failure to meet the quota; 

15 ‘‘(iii) how performance targets or per16 formance standards for the quota are cal17 culated; 

18 ‘‘(iv) whether there is any incentive or 

19 bonus program associated with meeting or 

20 exceeding the quota and, if applicable, how 

21 the incentive or bonus program operates; 

22 and 

23 ‘‘(v) how the quota is monitored, in24 cluding a description of— 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•S 5208 IS

1 ‘‘(I) what employee work speed 

2 data are being collected; 

3 ‘‘(II) how the employee work 

4 speed data are being collected, includ5 ing a description of any workplace 

6 surveillance technology used on the 

7 covered employee by the covered em8 ployer; 

9 ‘‘(III) where and when the em10 ployee work speed data are being col11 lected; 

12 ‘‘(IV) the frequency of the collec13 tion; 

14 ‘‘(V) where the storage of the 

15 employee work speed data is located; 

16 ‘‘(VI) the business purposes for 

17 which the employee work speed data 

18 are being used; and 

19 ‘‘(VII) as applicable, the identity 

20 of any third party— 

21 ‘‘(aa) used for such work22 place surveillance; 

23 ‘‘(bb) to which data from 

24 such workplace surveillance is 

25 transferred; and 


ssavage on LAPJG3WLY3PROD with BILLS
16 

•S 5208 IS

1 ‘‘(cc) from which data of the 

2 covered individual is or may be 

3 purchased or acquired; and 

4 ‘‘(B) a written description of and training 

5 with respect to how the covered employee may 

6 file a complaint regarding a violation of this 

7 section or a standard promulgated under title 

8 III of the Warehouse Worker Protection Act. 

9 ‘‘(2) CHANGES TO QUOTA OR WORKPLACE SUR10 VEILLANCE.—Each covered employer shall provide 

11 to any applicable covered employee an updated writ12 ten description of any information provided under 

13 paragraph (1) not less than 2 business days before 

14 any changes with respect to such information are 

15 made. 

16 ‘‘(3) REQUIREMENTS FOR TAKING AN ADVERSE

17 EMPLOYMENT ACTION ON QUOTA COMPLIANCE.— 

18 ‘‘(A) IN GENERAL.—A covered employer 

19 that takes an adverse employment action 

20 against a covered employee for work perform21 ance that does not meet requirements with re22 spect to a quota shall provide— 

23 ‘‘(i) a written explanation to the cov24 ered employee regarding the manner in 

25 which the covered employee failed to perVerDate Sep 11 2014 20:47 Oct 10, 2024 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S5208.IS S5208

ssavage on LAPJG3WLY3PROD with BILLS
17 

•S 5208 IS

1 form, including a description of the appli2 cable quota and a comparison of such work 

3 performance to such quota; and 

4 ‘‘(ii) if the adverse employment action 

5 was based on employee work speed data, a 

6 copy of the employee work speed data in a 

7 human-readable format that a reasonable 

8 individual can understand. 

9 ‘‘(B) NOTICE FOR ACTIONS UNRELATED

10 TO QUOTA.—A covered employer that, with re11 spect to any covered employee who is subject to 

12 a quota, takes an adverse employment action 

13 against such covered employee for any reason 

14 that is unrelated to compliance with the quota 

15 shall provide to such covered employee a written 

16 confirmation that such action was unrelated to 

17 compliance with the quota. 

18 ‘‘(4) TERMINATION.— 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 clause (ii), a covered employer that seeks to ter21 minate a covered employee shall, regardless of 

22 whether the termination relates to work per23 formance with respect to a quota, provide to the 

24 covered employee a written notice of the intent 

25 to terminate the covered employee. 


ssavage on LAPJG3WLY3PROD with BILLS
18 

•S 5208 IS

1 ‘‘(B) EGREGIOUS MISCONDUCT.—Notwith2 standing subparagraph (A), a covered employer 

3 may terminate a covered employee without pro4 viding such written notice if the covered em5 ployee engaged in egregious misconduct. 

6 ‘‘(5) DESCRIPTIONS.—Each covered employer 

7 shall— 

8 ‘‘(A) provide any written description, no9 tice, explanation, or confirmation described in 

10 paragraph (1), (2), (3), or (4) to a covered em11 ployee— 

12 ‘‘(i) through a human representative 

13 of the covered employer at the work station 

14 of the covered employee; and 

15 ‘‘(ii) in a manner required by the Di16 rector that— 

17 ‘‘(I) is accessible; 

18 ‘‘(II) allows the covered employee 

19 to transport the data in the descrip20 tion, notice, explanation, or confirma21 tion without hindrance; 

22 ‘‘(III) is in plain language; and 

23 ‘‘(IV) is in the primary language 

24 of the covered employee; and 


ssavage on LAPJG3WLY3PROD with BILLS
19 

•S 5208 IS

1 ‘‘(B) make such description, notice, expla2 nation, or confirmation available to the covered 

3 employee electronically. 

4 ‘‘(c) PROTECTION FROM QUOTAS.— 

5 ‘‘(1) PROHIBITED QUOTAS.—A covered em6 ployer may not require any quota for a covered em7 ployee that would— 

8 ‘‘(A) prevent— 

9 ‘‘(i) compliance with any required 

10 meal or rest period or any other break re11 quired by Federal, State, or local law; 

12 ‘‘(ii) compliance with health and safe13 ty provisions required by Federal, State, or 

14 local law; 

15 ‘‘(iii) the use by the covered employee 

16 of bathroom facilities, including reasonable 

17 travel time to and from bathroom facilities 

18 that takes into account the architecture of 

19 the covered facility; or 

20 ‘‘(iv) compliance with a covered em21 ployee’s right to reasonable accommoda22 tions or nondiscrimination as required by 

23 Federal, State, or local law; 

24 ‘‘(B) set a performance target or perform25 ance standard that measures total output for 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•S 5208 IS

1 the covered employee over an increment of time 

2 that is shorter than one day; 

3 ‘‘(C) measure and evaluate the output or 

4 performance of a covered employee during any 

5 paid or unpaid break to which the covered em6 ployee is entitled under applicable law, contract, 

7 or industry standard, including breaks to use 

8 bathroom facilities and reasonable travel time 

9 to and from bathroom facilities; 

10 ‘‘(D) prevent or discourage the covered 

11 employee from exercising any right under the 

12 National Labor Relations Act (29 U.S.C. 151 

13 et seq.) or any other Federal law; 

14 ‘‘(E) prevent or discourage the covered em15 ployee from exercising any right guaranteed in 

16 an applicable collective bargaining agreement; 

17 or 

18 ‘‘(F) violate the generally accepted prin19 ciples of work measurement as set forth in the 

20 Code of Work Measurement Ethics of the 

21 American Institute of Industrial Engineers and 

22 recognized by the Secretary. 

23 ‘‘(2) ADVERSE EMPLOYMENT ACTION.—A cov24 ered employer may not take adverse employment acVerDate Sep 11 2014 20:47 Oct 10, 2024 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S5208.IS S5208

ssavage on LAPJG3WLY3PROD with BILLS
21 

•S 5208 IS

1 tion against a covered employee for failure to meet 

2 a quota that— 

3 ‘‘(A) violates paragraph (1); 

4 ‘‘(B) was not described to the covered em5 ployee in accordance with subsection (b); 

6 ‘‘(C) is based solely on ranking the per7 formance of the covered employee in relation to 

8 the performance of another covered employee or 

9 in relation to the past performance of that cov10 ered employee; or 

11 ‘‘(D) is based on continuously measuring, 

12 recording, or tallying increments of time within 

13 a defined time period during which a covered 

14 employee is or is not doing a particular activity. 

15 ‘‘(d) MINIMIZATION.— 

16 ‘‘(1) COLLECTION.—In establishing, maintain17 ing, or using employee work speed data with respect 

18 to a quota for a covered employee, a covered em19 ployer may not collect, use, maintain, or transfer 

20 data on or of the covered employee except as strictly 

21 necessary to monitor the compliance of the covered 

22 employee with the quota. 

23 ‘‘(2) EMPLOYEE ACCESS.—In establishing, 

24 maintaining, or using employee work speed data 

25 with respect to a quota for a covered employee, a 


ssavage on LAPJG3WLY3PROD with BILLS
22 

•S 5208 IS

1 covered employer may not disclose any information 

2 collected on a covered employee with respect to the 

3 quota to any other covered employee of the covered 

4 employer except as strictly necessary to fulfill a spe5 cific and reasonable business rationale of the covered 

6 employer. 

7 ‘‘(e) RECORDKEEPING.— 

8 ‘‘(1) IN GENERAL.—Each covered employer 

9 shall— 

10 ‘‘(A) maintain contemporaneous records, 

11 with respect to each covered employee of the 

12 covered employer, of— 

13 ‘‘(i) the employee work speed data of 

14 each such covered employee; 

15 ‘‘(ii) the aggregated work speed data 

16 for similarly situated covered employees at 

17 the same place where each such covered 

18 employee performs work for the covered 

19 employer; and 

20 ‘‘(iii) the written descriptions of the 

21 quota of each such covered employee pro22 vided under subsection (b)(1); 

23 ‘‘(B) maintain such records for the dura24 tion of the employment of each relevant covered 

25 employee; and 


ssavage on LAPJG3WLY3PROD with BILLS
23 

•S 5208 IS

1 ‘‘(C) make such records available to the 

2 Secretary upon request. 

3 ‘‘(2) SUPPLEMENTATION AND DISPUTE OF

4 RECORDS.— 

5 ‘‘(A) SUPPLEMENTATION OF RECORDS.— 

6 Each covered employer shall enable a covered 

7 employee, upon request of the covered employee 

8 at or after the time of any employee work speed 

9 data collection with respect to the covered em10 ployee, to supplement the employee work speed 

11 data by recording any reason the covered em12 ployee provides for any defined time period dur13 ing which the covered employee was not per14 forming work-related tasks, including because 

15 the covered employee was taking a paid or un16 paid break, using a bathroom facility (including 

17 reasonable travel to and from the facility), re18 porting an injury or receiving attention due to 

19 an injury, exercising a right guaranteed under 

20 the National Labor Relations Act (29 U.S.C. 

21 151 et seq.) or another Federal law, or exer22 cising a right guaranteed under an applicable 

23 covered bargaining agreement. 

24 ‘‘(B) DISPUTE PROCESS.— 


ssavage on LAPJG3WLY3PROD with BILLS
24 

•S 5208 IS

1 ‘‘(i) IN GENERAL.—Each covered em2 ployer shall enable a covered employee, 

3 upon request of the covered employee at or 

4 after the time of any data collection with 

5 respect to the covered employee, to review 

6 and request correction of the employee 

7 work speed data in accordance with clause 

8 (ii). 

9 ‘‘(ii) CORRECTION OF EMPLOYEE

10 WORK SPEED DATA.—A covered employer 

11 that receives a request by a covered em12 ployee under clause (i) shall— 

13 ‘‘(I) investigate and determine 

14 whether the employee work speed data 

15 is inaccurate; and 

16 ‘‘(II) if determined to be inac17 curate— 

18 ‘‘(aa) promptly correct the 

19 inaccurate data and notify the 

20 covered employee of the covered 

21 employer’s determination and 

22 correction; and 

23 ‘‘(bb) review and adjust, as 

24 appropriate, any adverse employ25 ment action that was, partially or 


ssavage on LAPJG3WLY3PROD with BILLS
25 

•S 5208 IS

1 solely, based on the inaccurate 

2 data and notify the covered em3 ployee of the adjustment. 

4 ‘‘(3) RETENTION OF RECORDS.— 

5 ‘‘(A) IN GENERAL.—After the termination 

6 of employment of a covered employee of a cov7 ered employer, the covered employer shall— 

8 ‘‘(i) for not less than 3 years after the 

9 date of such termination, retain the 

10 records described in paragraph (1) with re11 spect to the 6-month period prior to such 

12 date; and 

13 ‘‘(ii) make such records available to 

14 the Secretary upon request. 

15 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

16 this subsection shall require a covered employer to 

17 keep records described in paragraph (1) with respect 

18 to employee work speed data if such covered em19 ployer does not otherwise monitor employee work 

20 speed data. 

21 ‘‘(f) RIGHT TO REQUEST.— 

22 ‘‘(1) IN GENERAL.—A covered employer shall, 

23 upon receiving a request under paragraph (2) or (3), 

24 provide the relevant copies described in such para25 graphs to, as the case may be, the covered employee, 


ssavage on LAPJG3WLY3PROD with BILLS
26 

•S 5208 IS

1 designated employee representative, or individual 

2 who was a covered employee— 

3 ‘‘(A) except as provided in subparagraph 

4 (B)(ii), at no cost to the covered employee, des5 ignated employee representative, or individual 

6 who was a covered employee; 

7 ‘‘(B) with respect to— 

8 ‘‘(i) a covered employee, by a human 

9 representative of the covered employer; or 

10 ‘‘(ii) a designated employee represent11 ative or an individual who was a covered 

12 employee, by a human representative of 

13 the covered employer or through the mail 

14 (at the cost of the designated employee 

15 representative or individual, respectively); 

16 and 

17 ‘‘(C) as soon as practicable but not later 

18 than— 

19 ‘‘(i) 7 business days after receipt of a 

20 request for such copies with respect to em21 ployee work speed data or aggregate work 

22 speed data; or 

23 ‘‘(ii) 2 business days after receipt of a 

24 request for any other copy. 


ssavage on LAPJG3WLY3PROD with BILLS
27 

•S 5208 IS

1 ‘‘(2) REQUESTS DURING EMPLOYMENT.—A cov2 ered employee, or a designated employee representa3 tive of such covered employee at the request of the 

4 covered employee, may request from the covered em5 ployer of the covered employee a copy of the written 

6 description described under subsection (b), a copy of 

7 the employee work speed data (in a human-readable 

8 format that a reasonable individual can understand) 

9 of the covered employee for the preceding 6-month 

10 period, and a copy of the aggregated work speed 

11 data (in a human-readable format that a reasonable 

12 individual can understand) for similarly situated cov13 ered employees at the same place where the covered 

14 employee performs work for the covered employer 

15 for the preceding 6-month period. 

16 ‘‘(3) REQUESTS AFTER EMPLOYMENT TERMI17 NATION.—An individual who was a covered employee 

18 with respect to a covered employer, or a designated 

19 employee representative with respect to such an indi20 vidual, may, not later than 3 years after the date of 

21 termination of employment of the covered employee 

22 with the covered employer, request from the covered 

23 employer a copy of— 


ssavage on LAPJG3WLY3PROD with BILLS
28 

•S 5208 IS

1 ‘‘(A) the written description described 

2 under subsection (b) effective on the date of 

3 termination of the covered employee; 

4 ‘‘(B) the employee work speed data (in a 

5 human-readable format that a reasonable indi6 vidual can understand) of the covered employee 

7 for the 6-month period prior to such date of 

8 termination; and 

9 ‘‘(C) the aggregated work speed data (in a 

10 human-readable format that a reasonable indi11 vidual can understand) for similarly situated 

12 covered employees at the same place where the 

13 covered employee performs work for the covered 

14 employer for such 6-month period. 

15 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

16 this subsection shall require a covered employer to— 

17 ‘‘(A) monitor employee work speed data; or 

18 ‘‘(B) provide information related to em19 ployee work speed data if the covered employer 

20 does not otherwise monitor such employee work 

21 speed data. 

22 ‘‘(g) POSTING OF NOTICES.— 

23 ‘‘(1) IN GENERAL.—Each covered employer 

24 shall post, in a conspicuous and accessible location, 

25 a notice in the covered facility of the covered emVerDate Sep 11 2014 20:47 Oct 10, 2024 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S5208.IS S5208

ssavage on LAPJG3WLY3PROD with BILLS
29 

•S 5208 IS

1 ployer regarding the rights of covered employees 

2 under this section, including what constitutes a per3 missible quota, the right to request quota descrip4 tions and employee speed data information, and the 

5 right to make a complaint to Federal authorities re6 garding a violation of any right under this section. 

7 ‘‘(2) REQUIREMENTS FOR NOTICES.—Each no8 tice described in paragraph (1) shall be in a manner 

9 required by the Director that— 

10 ‘‘(A) is in plain language; and 

11 ‘‘(B) is in English, Spanish, and any other 

12 language that constitutes the primary language 

13 of any covered employee at the covered facility. 

14 ‘‘(h) BREAKS FOR COVERED EMPLOYEES.— 

15 ‘‘(1) IN GENERAL.—Each covered employer 

16 shall— 

17 ‘‘(A) with respect to each covered employee 

18 of such covered employer— 

19 ‘‘(i) provide, for every 4 hours of work 

20 by such a covered employee, to the covered 

21 employee not less than one 15-minute rest 

22 break paid at the regular rate at which the 

23 covered employee is employed; and 

24 ‘‘(ii) provide, at the time the covered 

25 employer hires such a covered employee, 


ssavage on LAPJG3WLY3PROD with BILLS
30 

•S 5208 IS

1 notice to the covered employee, in plain 

2 language and the primary language of the 

3 covered employee, that— 

4 ‘‘(I) the covered employee is enti5 tled to the paid rest breaks described 

6 in clause (i); 

7 ‘‘(II) retaliation by the covered 

8 employer against the covered employee 

9 for requesting or taking such paid 

10 rest breaks is prohibited; and 

11 ‘‘(III) the covered employee, or a 

12 designated employee representative of 

13 the covered employee, has a right to 

14 file a complaint with the Secretary for 

15 any violation by the covered employer 

16 of this subsection; and 

17 ‘‘(B) display, in a conspicuous and acces18 sible location, a sign at each covered facility of 

19 the covered employer that includes, in English, 

20 Spanish, and any other language that con21 stitutes the primary language of any covered 

22 employee at the covered facility, the information 

23 in the notice described in subparagraph (A)(ii). 

24 ‘‘(2) NOTICE.—Not later than 180 days after 

25 the date of enactment of this section, the Secretary 


ssavage on LAPJG3WLY3PROD with BILLS
31 

•S 5208 IS

1 shall issue regulations with respect to the design and 

2 content of the sign described in paragraph (1)(B), 

3 including a sample design. 

4 ‘‘(3) INTERACTION WITH OTHER LAWS.—Noth5 ing in this subsection shall be construed to super6 sede or preempt any Federal, State, or local law or 

7 collective bargaining agreement requiring longer 

8 paid rest breaks than those required under para9 graph (1)(A)(i). 

10 ‘‘(i) UNLAWFUL RETALIATION.— 

11 ‘‘(1) IN GENERAL.—A person, including a cov12 ered employer, an agent of a covered employer, or 

13 person acting as or on behalf of a covered employer 

14 conducting hiring or any related activity, or an offi15 cer or agent of any entity, business, corporation, 

16 partnership, or limited liability company, may not— 

17 ‘‘(A) discharge or in any way retaliate, dis18 criminate, or take any adverse employment ac19 tion against any individual for exercising any 

20 right conferred under this section, or for being 

21 perceived as exercising such a right, including 

22 for— 

23 ‘‘(i) requesting copies under sub24 section (f); 


ssavage on LAPJG3WLY3PROD with BILLS
32 

•S 5208 IS

1 ‘‘(ii) filing a complaint under subpara2 graph (A) of section 16(f) regarding a vio3 lation of this section or designating a rep4 resentative in accordance with subpara5 graph (B) of such section to file such a 

6 complaint; or 

7 ‘‘(iii) commencing a proceeding under 

8 section 16(b) for a violation of this section; 

9 or 

10 ‘‘(B) otherwise prevent an individual for 

11 exercising such a right or take any action 

12 against an individual that might deter a reason13 able employee from asserting a right conferred 

14 under this section. 

15 ‘‘(2) PROTECTIONS FOR GOOD FAITH ALLEGA16 TIONS.—The protections under paragraph (1) shall 

17 apply to any individual who mistakenly, but in good 

18 faith, alleges a violation of a requirement of this sec19 tion. 

20 ‘‘(3) EXPLICIT REFERENCE NOT REQUIRED.—A 

21 complaint or other communication by an individual, 

22 including a covered employee, may be the exercise of 

23 a right for purposes of paragraph (1) regardless of 

24 whether the complaint or communication is in writ25 ing or makes explicit reference to this Act. 


ssavage on LAPJG3WLY3PROD with BILLS
33 

•S 5208 IS

1 ‘‘(4) REBUTTABLE PRESUMPTION.—If a person 

2 takes adverse action against a covered employee 

3 within 90 days of the covered employee engaging, or 

4 attempting to engage in, activities protected by para5 graph (1), such conduct shall establish a rebuttable 

6 presumption that the adverse action is an adverse 

7 action in violation of such paragraph. Such pre8 sumption may be rebutted by clear and convincing 

9 evidence that— 

10 ‘‘(A) the action was taken for other per11 missible reasons; and 

12 ‘‘(B) the engaging or attempting to engage 

13 in activities protected by paragraph (1) was not 

14 a motivating factor in the adverse action. 

15 ‘‘(j) QUOTA TASK FORCE.—Not later than 90 days 

16 after the date of the enactment of this section, the Direc17 tor shall convene a task force with labor organizations, 

18 worker advocacy organizations, and covered employees to 

19 develop strategies for labor organizations and worker ad20 vocacy organizations to— 

21 ‘‘(1) assist in the enforcement of this section; 

22 ‘‘(2) train covered employees with respect to 

23 new rights provided through this section; and 


ssavage on LAPJG3WLY3PROD with BILLS
34 

•S 5208 IS

1 ‘‘(3) provide the Director with recommendations 

2 on the implementation of regulations related to this 

3 section.’’; 

4 (3) in section 9 (29 U.S.C. 208), by striking 

5 ‘‘and investigation’’ and inserting ‘‘, investigation, or 

6 inspection’’; 

7 (4) by repealing section 10 (29 U.S.C. 210); 

8 (5) in section 11 (29 U.S.C. 211), by adding at 

9 the end the following: 

10 ‘‘(e)(1) The Secretary, acting through the Director 

11 of the Fairness and Transparency Division, shall, as pro12 vided in subsection (a) and paragraph (2), investigate vio13 lations of section 8, including any violations of any regula14 tion or order issued with respect to that section. 

15 ‘‘(2) In addition to powers otherwise provided to the 

16 Secretary under subsection (a), the Secretary, in inves17 tigating violations of section 8, may upon presenting ap18 propriate credentials to the owner, operator, or agent in 

19 charge— 

20 ‘‘(A) enter without delay and at reasonable 

21 times any covered facility of a covered employer; and 

22 ‘‘(B) inspect and investigate during regular 

23 working hours and at other reasonable times, and 

24 within reasonable limits and in a reasonable manner, 

25 any such covered facility and all pertinent condiVerDate Sep 11 2014 20:47 Oct 10, 2024 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S5208.IS S5208

ssavage on LAPJG3WLY3PROD with BILLS
35 

•S 5208 IS

1 tions, structures, machines, apparatus, devices, 

2 equipment, and materials therein, and to question 

3 privately any such covered employer, owner, oper4 ator, agent, or covered employee. 

5 ‘‘(3)(A) In conducting an inspection during an inves6 tigation into a violation of section 8, the Secretary shall 

7 permit, at the request of a covered employee, a representa8 tive of a labor organization or a worker advocacy organiza9 tion, or another designee of the covered employee, to ac10 company any inspectors during such inspection. 

11 ‘‘(B) A covered employee may, regardless of the rela12 tionship between the covered employee and the labor orga13 nization, worker advocacy organization, or other designee, 

14 anonymously request to the Secretary that the Secretary 

15 permit a representative of such labor organization, worker 

16 advocacy organization, or other designee accompany in17 spectors during an inspection in accordance with para18 graph (1). 

19 ‘‘(f)(1) Not later than 30 days after an event de20 scribed in paragraph (2), the Secretary shall open an in21 vestigation under this section (that includes an on-site in22 spection) into any covered employer to determine if such 

23 covered employer is violating section 8. 

24 ‘‘(2) An event described in this paragraph is, with 

25 respect to a covered employer, either of the following: 


ssavage on LAPJG3WLY3PROD with BILLS
36 

•S 5208 IS

1 ‘‘(A) The Secretary determines that the covered 

2 employer— 

3 ‘‘(i) has an annual total of employee work 

4 hours that is not less than 40,000 hours; and 

5 ‘‘(ii) has an annual employee injury rate, 

6 overall or at a worksite, that is not less than 

7 1.5 times the warehousing industry’s average 

8 annual injury rate, as determined by the Bu9 reau of Labor Statistics in the most recent (as 

10 of such determination) publication regarding 

11 fatal and nonfatal occupational injuries and ill12 nesses data. 

13 ‘‘(B) The Secretary receives, during any one14 year period, not less than— 

15 ‘‘(i) 5 credible complaints from covered 

16 employees of the covered employer, individuals 

17 who were covered employees of the covered em18 ployer, or designated representatives of such 

19 covered employees or individuals, about viola20 tions under section 8 at a worksite; or 

21 ‘‘(ii) 10 credible complaints from covered 

22 employees of the covered employer, individuals 

23 who were covered employees of the covered em24 ployer, or designated representatives of such 

25 covered employees or individuals, about such 


ssavage on LAPJG3WLY3PROD with BILLS
37 

•S 5208 IS

1 violations at multiple worksites operated by the 

2 covered employer. 

3 ‘‘(3) In conducting an investigation under paragraph 

4 (1), the Secretary shall select representatives of a labor 

5 organization or a worker advocacy organization who have 

6 specific knowledge of the relevant industry to conduct out7 reach to workers with respect to such investigation and 

8 aid and accompany investigators in such investigation. 

9 ‘‘(g) For purposes of subsections (e) and (f), the 

10 terms ‘covered employee’, ‘covered employer’, and ‘covered 

11 facility’ have the meanings given such terms in section 

12 8(a).’’; 

13 (6) in section 15(a) (29 U.S.C. 215(a))— 

14 (A) in paragraph (5), by striking ‘‘; and’’ 

15 and inserting a semicolon; 

16 (B) in paragraph (6), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(7) to violate any of the provisions of section 

20 8.’’; and 

21 (7) in section 16 (29 U.S.C. 216)— 

22 (A) in subsection (b)— 

23 (i) by striking ‘‘15(a)(3)’’ each place 

24 it appears and inserting ‘‘8, 15(a)(3),’’; 


ssavage on LAPJG3WLY3PROD with BILLS
38 

•S 5208 IS

1 (ii) in the second sentence, by insert2 ing ‘‘and, in the case of a violation of sec3 tion 8, of an amount for the direct or fore4 seeable pecuniary harms resulting from the 

5 violation and an amount equal to $10,000 

6 per violation of subsection (b), (d), (e), (f), 

7 or (g) of such section or an amount equal 

8 to $25,000 per violation of subsection (c), 

9 (h), or (i) of such section’’ before the pe10 riod at the end of the sentence; and 

11 (iii) in the fifth sentence, by striking 

12 ‘‘No’’ and inserting ‘‘Except with respect 

13 to an action brought regarding a violation 

14 of section 8, no’’; 

15 (B) in subsection (e)— 

16 (i) by redesignating paragraphs (3), 

17 (4), and (5) as paragraphs (4), (5), and 

18 (6), respectively; 

19 (ii) by inserting after paragraph (2), 

20 the following: 

21 ‘‘(3) Any person who violates section 8 shall be 

22 subject to a civil penalty— 

23 ‘‘(A) in an amount not more than $76,987 

24 per violation; or 


ssavage on LAPJG3WLY3PROD with BILLS
39 

•S 5208 IS

1 ‘‘(B) for repeat or willful violations, in an 

2 amount not more than $769,870 per viola3 tion.’’; and 

4 (iii) in paragraph (4)(C), as so redes5 ignated, by striking ‘‘section 15(a)(4)’’ and 

6 inserting ‘‘paragraph (4) or (7) of section 

7 15(a)’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(f) ADMINISTRATIVE COMPLAINTS REGARDING

10 WAREHOUSE WORKER PROTECTIONS.— 

11 ‘‘(1) IN GENERAL.—A covered employee or an 

12 individual who was a covered employee may— 

13 ‘‘(A) file a complaint of a violation of sec14 tion 8 with the Secretary; and 

15 ‘‘(B) designate a representative of a labor 

16 organization or worker advocacy organization, 

17 regardless of the relationship between the cov18 ered employee or individual and the labor orga19 nization or worker advocacy organization, to— 

20 ‘‘(i) file the complaint on behalf of the 

21 covered employee or individual; or 

22 ‘‘(ii) represent the covered employee 

23 or individual for purposes of engagement 

24 with the Secretary regarding such com25 plaint, including being present at employee 


ssavage on LAPJG3WLY3PROD with BILLS
40 

•S 5208 IS

1 interviews and participating in workplace 

2 inspections, conferences, and settlement 

3 negotiations. 

4 ‘‘(2) DEFINITION OF COVERED EMPLOYEE.— 

5 For purposes of paragraph (1), the term ‘covered 

6 employee’ has the meaning given such term in sec7 tion 8(a). 

8 ‘‘(g) EXEMPTION FROM THE FEDERAL ARBITRATION

9 ACT REGARDING WAREHOUSE WORKER PROTECTIONS.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding chapter 1 

11 of title 9, United States Code (commonly known as 

12 the ‘Federal Arbitration Act’), no predispute arbitra13 tion agreement or predispute joint-action waiver (as 

14 those terms are defined in section 401 of title 9, 

15 United States Code) shall be valid or enforceable 

16 with respect to claims arising under this Act for vio17 lations of section 8. 

18 ‘‘(2) ARBITRATION PURSUANT TO A COLLEC19 TIVE BARGAINING AGREEMENT.—Nothing in this 

20 subsection shall limit the enforceability of any arbi21 tration provision in a collective bargaining agree22 ment between a covered employer (as defined in sec23 tion 8(a)) and a labor organization. 

24 ‘‘(h) EXCEPTION FROM CLASS ACTION PRE25 REQUISITES FOR ACTIONS REGARDING WAREHOUSE


ssavage on LAPJG3WLY3PROD with BILLS
41 

•S 5208 IS

1 WORKER PROTECTIONS.—An employee who brings an ac2 tion for a violation of section 8 on behalf of employees 

3 similarly situated shall be considered to have satisfied 

4 paragraphs (1) through (4) of rule 23(a) of the Federal 

5 Rules of Civil Procedure for purposes of such an action.’’. 

6 SEC. 102. REFERRAL OF COMPLAINTS. 

7 (a) MEMORANDUM OF UNDERSTANDING.—The Di8 rector of the Fairness and Transparency Office estab9 lished by section 5 of the Fair Labor Standards Act of 

10 1938 (as added by section 101) and the Administrator of 

11 the Wage and Hour Office of the Department of Labor 

12 shall jointly enter into a memorandum of understanding 

13 with the Assistant Secretary of Labor for Occupational 

14 Safety and Health to encourage efficient enforcement of 

15 relevant labor laws, including through information shar16 ing, referral of complaints, and cross-training of inspec17 tors and investigators. The memorandum of under18 standing shall encourage coordination of enforcement ac19 tivity in States enforcing relevant labor law under a State 

20 plan that has been approved by the Secretary under sec21 tion 18 of the Occupational Safety and Health Act of 1970 

22 (29 U.S.C. 667). 

23 (b) REFERRAL OF COMPLAINTS AND CROSS-TRAIN24 ING.—The Director of the Fairness and Transparency Of25 fice shall, to the greatest extent possible— 


ssavage on LAPJG3WLY3PROD with BILLS
42 

•S 5208 IS

1 (1) encourage the referral of relevant com2 plaints from and to the Equal Employment Oppor3 tunity Commission, the National Institute for Occu4 pational Safety and Health, the Environmental Pro5 tection Agency, the National Labor Relations Board, 

6 and other Federal and State agencies that may con7 duct inspections related to occupational health and 

8 safety in covered facilities (as defined in section 8(a) 

9 of the Fair Labor Standards Act of 1938); and 

10 (2) promote cross-training of inspectors and in11 vestigators in the Equal Employment Opportunity 

12 Commission, National Institute for Occupational 

13 Safety and Health, Environmental Protection Agen14 cy, and such other Federal and State agencies for 

15 inspections related to working conditions in such 

16 covered facilities. 

17 SEC. 103. ENFORCEMENT BY THE FTC. 

18 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

19 A violation of section 8 of the Fair Labor Standards Act 

20 (as added by section 101) shall be treated as a violation 

21 of a rule defining an unfair or deceptive act or practice 

22 under section 18(a)(1)(B) of the Federal Trade Commis23 sion Act (15 U.S.C. 57a(a)(1)(B)). 

24 (b) POWERS OF THE FTC.— 


ssavage on LAPJG3WLY3PROD with BILLS
43 

•S 5208 IS

1 (1) IN GENERAL.—The Federal Trade Commis2 sion (in this section referred to as the Commission) 

3 shall enforce section 8 and the regulations promul4 gated under this Act in the same manner, by the 

5 same means, and with the same jurisdiction, powers, 

6 and duties as though all applicable terms and provi7 sions of the Federal Trade Commission Act (15 

8 U.S.C. 41 et seq.) were incorporated into and made 

9 a part of this Act. 

10 (2) PRIVILEGES AND IMMUNITIES.—Any person 

11 who violates section 8 of the Fair Labor Standards 

12 Act shall be subject to the penalties and entitled to 

13 the privileges and immunities provided in the Fed14 eral Trade Commission Act (15 U.S.C. 41 et seq.). 

15 (3) AUTHORITY PRESERVED.—Nothing in this 

16 Act shall be construed to limit the authority of the 

17 Commission under any other provision of law. 

18 (4) RULEMAKING.—The Commission may pro19 mulgate in accordance with section 553 of title 5, 

20 United States Code, such rules as may be necessary 

21 to carry out this section. 


ssavage on LAPJG3WLY3PROD with BILLS
44 

•S 5208 IS

1 TITLE II—NATIONAL LABOR 

2 RELATIONS ACT 

3 SEC. 201. AMENDMENTS TO NATIONAL LABOR RELATIONS 

4 ACT. 

5 (a) IN GENERAL.—Section 8(a) of the National 

6 Labor Relations Act (29 U.S.C. 158) is amended— 

7 (1) in paragraph (5) by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(6) to impose on an employee a quota that sig11 nificantly discourages or prevents, or is intended to 

12 significantly discourage or prevent, an employee 

13 from exercising the rights guaranteed in section 7.’’. 

14 (b) PRESUMPTION OF RETALIATION.—Section 8 of 

15 the such Act (29 U.S.C. 158) is amended by adding at 

16 the end the following: 

17 ‘‘(h) PRESUMPTION OF RETALIATION RELATED TO

18 A QUOTA.—Any action to impose a quota on an employee 

19 that is taken against the employee within 90 days of an 

20 employee exercising the rights guaranteed in section 7 

21 shall establish a rebuttable presumption that the action 

22 is discrimination against the employee in violation of sub23 section (a)(6).’’. 

24 (c) DEFINITIONS.—Section 2 such Act (29 U.S.C. 

25 152) is amended by adding at the end the following: 


ssavage on LAPJG3WLY3PROD with BILLS
45 

•S 5208 IS

1 ‘‘(15) QUOTA.— 

2 ‘‘(A) IN GENERAL.—The term ‘quota’ 

3 means a performance standard or performance 

4 target, including such a standard or target used 

5 to rank an employee in relation to the perform6 ance of another employee or in relation to the 

7 past performance of the employee, under 

8 which— 

9 ‘‘(i)(I) an employee is actually or ef10 fectively assigned, required, or expected 

11 within a defined time period (with or with12 out any reasonable accommodation pro13 vided under Federal, State, or local law) 

14 to— 

15 ‘‘(aa) perform— 

16 ‘‘(AA) a quantified 

17 number of tasks; or 

18 ‘‘(BB) at a specified 

19 productivity speed; or 

20 ‘‘(bb) handle or produce a 

21 quantified amount of material 

22 without a certain number of er23 rors or defects; and 

24 ‘‘(II) such assignment, requirement, 

25 or expectation is measured at the indiVerDate Sep 11 2014 20:47 Oct 10, 2024 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S5208.IS S5208

ssavage on LAPJG3WLY3PROD with BILLS
46 

•S 5208 IS

1 vidual or group level for such defined time 

2 period; 

3 ‘‘(ii) actions by an employee are cat4 egorized and measured between time per5 forming tasks and not performing tasks 

6 within a defined time period; or 

7 ‘‘(iii) increments of time of a defined 

8 time period during which an employee is or 

9 is not doing a particular activity are meas10 ured, recorded, or tallied. 

11 ‘‘(B) DEFINED TIME PERIOD.—For pur12 poses of subparagraph (A), the term ‘defined 

13 time period’ means any unit of time measure14 ment equal to or less than one day, including 

15 hours, minutes, and seconds and any fraction 

16 thereof.’’. 

17 SEC. 202. NATIONAL LABOR RELATIONS BOARD REPORT. 

18 The National Labor Relations Board shall— 

19 (1) examine cases in which a quota (as such 

20 term is defined in section 2 of the National Labor 

21 Relations Act (29 U.S.C. 152)) was used as a rea22 son to deny a worker rights under the National 

23 Labor Relations Act; and 

24 (2) as often as practicable, submit a report on 

25 such cases to— 


ssavage on LAPJG3WLY3PROD with BILLS
47 

•S 5208 IS

1 (A) the Committee on Health, Education, 

2 Labor, and Pensions of the Senate; and 

3 (B) the Committee on Education and the 

4 Workforce of the House of Representatives. 

5 TITLE III—OSHA STANDARDS 

6 SEC. 301. STANDARD PROTECTING COVERED EMPLOYEES 

7 FROM OCCUPATIONAL RISK FACTORS CAUS8 ING MUSCULOSKELETAL DISORDERS. 

9 (a) PROPOSED STANDARD.—Not later than 3 years 

10 after the date of enactment of this Act, the Secretary 

11 shall, pursuant to section 6 of the Occupational Safety and 

12 Health Act of 1970 (29 U.S.C. 655), publish in the Fed13 eral Register a proposed standard for ergonomic program 

14 management for covered employers with respect to covered 

15 employees, including requirements for— 

16 (1) hazard identification and ergonomic job 

17 evaluations for covered employees, including require18 ments for covered employee and designated employee 

19 representative participation in such identification 

20 with the aim of maximizing such participation; 

21 (2) hazard control at covered facilities, which 

22 may rely on the principles of the hierarchy of con23 trols and which may include measures such as equip24 ment and workstation redesign, work pace reducVerDate Sep 11 2014 20:47 Oct 10, 2024 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S5208.IS S5208

ssavage on LAPJG3WLY3PROD with BILLS
48 

•S 5208 IS

1 tions, or job rotation to less forceful or repetitive 

2 jobs; 

3 (3) training for covered employees regarding 

4 covered employer activities, occupational risk factors, 

5 and training on controls and recognition of symp6 toms of musculoskeletal disorders; and 

7 (4) medical management for covered employees 

8 that includes— 

9 (A) encouraging early reporting of mus10 culoskeletal disorder symptoms; 

11 (B) first aid delivered by those operating 

12 under State licensing requirements; and 

13 (C) systematic evaluation and early refer14 ral for medical attention. 

15 (b) FINAL STANDARD.—Not later than 4 years after 

16 the date of enactment this Act, the Secretary shall, pursu17 ant to section 6 of the Occupational Safety and Health 

18 Act of 1970 (29 U.S.C. 655), publish in the Federal Reg19 ister a final standard based on the proposed standard 

20 under subsection (a). 


ssavage on LAPJG3WLY3PROD with BILLS
49 

•S 5208 IS

1 SEC. 302. STANDARD FOR PROTECTING COVERED EMPLOY2 EES FROM DELAYS IN MEDICAL TREATMENT 

3 REFERRALS FOLLOWING INJURIES OR ILL4 NESSES. 

5 (a) PROPOSED STANDARD.—Not later than 1 year 

6 after the date of enactment of this Act, the Secretary 

7 shall, pursuant to section 6 of the Occupational Safety and 

8 Health Act of 1970 (29 U.S.C. 655), publish in the Fed9 eral Register a proposed standard requiring that— 

10 (1) all covered employers have a person readily 

11 available at the covered facility of the covered em12 ployer who is adequately trained to render first aid 

13 and ensure that such person provides first aid to any 

14 injured or ill covered employee and, without delay, 

15 refers any such covered employee who reports an in16 jury or illness that requires further medical treat17 ment to an appropriate medical professional for such 

18 treatment; and 

19 (2) all covered employers provide to the covered 

20 employees of the covered employer occupational med21 icine consultation services through a physician who 

22 is board certified in occupational medicine, which 

23 services shall include— 

24 (A) regular review of any health and safety 

25 program, medical management program, or 

26 ergonomics program of the covered employer; 


ssavage on LAPJG3WLY3PROD with BILLS
50 

•S 5208 IS

1 (B) review of any work-related injury or 

2 illness of a covered employee; 

3 (C) providing onsite health services for 

4 treatment of such injury or illness; and 

5 (D) consultation referral to a local health 

6 care provider for treating such injury or illness. 

7 (b) FINAL STANDARD.—Not later than 3 years after 

8 the date of enactment of this Act, the Secretary shall, pur9 suant to section 6 of the Occupational Safety and Health 

10 Act of 1970 (29 U.S.C. 655), publish in the Federal Reg11 ister a final standard based on the proposed standard 

12 under subsection (a). 

13 SEC. 303. CORRECTION OF SERIOUS, WILLFUL, OR RE14 PEATED VIOLATIONS PENDING CONTEST AND 

15 PROCEDURES FOR A STAY. 

16 (a) IN GENERAL.—Section 10 of the Occupational 

17 Safety and Health Act of 1970 (29 U.S.C. 659) is amend18 ed by adding at the end the following: 

19 ‘‘(d) CORRECTION OF SERIOUS, WILLFUL, OR RE20 PEATED VIOLATIONS PENDING CONTEST AND PROCE21 DURES FOR A STAY.— 

22 ‘‘(1) PERIOD PERMITTED FOR CORRECTION OF

23 SERIOUS, WILLFUL, OR REPEATED VIOLATIONS.— 

24 For each violation which the Secretary designates as 

25 serious, willful, or repeated, the period permitted for 


ssavage on LAPJG3WLY3PROD with BILLS
51 

•S 5208 IS

1 the correction of the violation shall begin to run 

2 upon receipt of the citation. 

3 ‘‘(2) FILING OF A MOTION OF CONTEST.—The 

4 filing of a notice of contest by an employer shall not 

5 operate as a stay of the period for correction of a 

6 violation designated as serious, willful, or repeated. 

7 ‘‘(3) CRITERIA AND RULES OF PROCEDURE FOR

8 STAYS.— 

9 ‘‘(A) MOTION FOR A STAY.—An employer 

10 that receives a citation alleging a violation des11 ignated as serious, willful, or repeated and that 

12 files a notice of contest to the citation asserting 

13 that the time set for abatement of the alleged 

14 violation is unreasonable or challenging the ex15 istence of the alleged violation may file with the 

16 Commission a motion to stay the period for the 

17 abatement of the violation. 

18 ‘‘(B) CRITERIA.—In determining whether 

19 a stay should be issued on the basis of a motion 

20 filed under subparagraph (A), the Commission 

21 may grant a stay only if the employer has dem22 onstrated— 

23 ‘‘(i) a substantial likelihood of success 

24 on the areas contested under subparagraph 

25 (A); and 


ssavage on LAPJG3WLY3PROD with BILLS
52 

•S 5208 IS

1 ‘‘(ii) that a stay will not adversely af2 fect the health and safety of employees. 

3 ‘‘(C) RULES OF PROCEDURE.—The Com4 mission shall develop rules of procedure for con5 ducting a hearing on a motion filed under sub6 paragraph (A) on an expedited basis. At a min7 imum, such rules shall provide the following: 

8 ‘‘(i) That a hearing before an admin9 istrative law judge shall occur not later 

10 than 15 days following the filing of the 

11 motion for a stay (unless extended at the 

12 request of the employer), and shall provide 

13 for a decision on the motion not later than 

14 15 days following the hearing (unless ex15 tended at the request of the employer). 

16 ‘‘(ii) That a decision of an administra17 tive law judge on a motion for stay is ren18 dered on a timely basis. 

19 ‘‘(iii) That if a party is aggrieved by 

20 a decision issued by an administrative law 

21 judge regarding the stay, such party has 

22 the right to file an objection with the Com23 mission not later than 5 days after receipt 

24 of the administrative law judge’s decision. 

25 Within 10 days after receipt of the objecVerDate Sep 11 2014 20:47 Oct 10, 2024 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S5208.IS S5208

ssavage on LAPJG3WLY3PROD with BILLS
53 

•S 5208 IS

1 tion, a Commissioner, if a quorum is seat2 ed pursuant to section 12(f), shall decide 

3 whether to grant review of the objection. 

4 If, within 10 days after receipt of the ob5 jection, no decision is made on whether to 

6 review the decision of the administrative 

7 law judge, the Commission declines to re8 view such decision, or no quorum is seated, 

9 the decision of the administrative law 

10 judge shall become a final order of the 

11 Commission. If the Commission grants re12 view of the objection, the Commission shall 

13 issue a decision regarding the stay not 

14 later than 30 days after receipt of the ob15 jection. If the Commission fails to issue 

16 such decision within 30 days, the decision 

17 of the administrative law judge shall be18 come a final order of the Commission. 

19 ‘‘(iv) For notification to employees or 

20 representatives of affected employees of re21 quests for such hearings, and to provide an 

22 opportunity for affected employees or rep23 resentatives of affected employees to par24 ticipate as parties to such hearings.’’. 

25 (b) CONFORMING AMENDMENTS.— 


ssavage on LAPJG3WLY3PROD with BILLS
54 

•S 5208 IS

1 (1) IN GENERAL.—The Occupational Safety 

2 and Health Act of 1970 is amended— 

3 (A) in the first sentence of section 10(b) 

4 (29 U.S.C. 659(b)), by inserting ‘‘, with the ex5 ception of violations designated as serious, will6 ful, or repeated,’’ after ‘‘(which period shall not 

7 begin to run’’; and 

8 (B) in section 17 (29 U.S.C. 666) by strik9 ing subsection (d) and inserting the following: 

10 ‘‘(d) Any employer who fails to correct a violation 

11 designated by the Secretary as serious, willful, or repeated 

12 and for which a citation has been issued under section 9(a) 

13 within the period permitted for its correction (and a stay 

14 has not been issued by the Commission under section 

15 10(d)) may be assessed a civil penalty of not more than 

16 $7,000 for each day during which such failure or violation 

17 continues. Any employer who fails to correct any other vio18 lation for which a citation has been issued under section 

19 9(a) of this title within the period permitted for its correc20 tion (which period shall not begin to run until the date 

21 of the final order of the Commission in the case of any 

22 review proceeding under section 10 initiated by the em23 ployer in good faith and not solely for delay of avoidance 

24 of penalties) may be assessed a civil penalty of not more 


ssavage on LAPJG3WLY3PROD with BILLS
55 

•S 5208 IS

1 than $7,000 for each day during which such failure or vio2 lation continues.’’. 

3 (2) ADJUSTMENT UNDER THE FEDERAL CIVIL

4 PENALTIES INFLATION ADJUSTMENT ACT OF 1990.— 

5 (A) CATCH-UP.—Not later than 1 year 

6 after the date of enactment of this Act, the Sec7 retary of Labor shall adjust the maximum 

8 amounts described in subsection (d) of section 

9 17 of the Occupational Safety and Health Act 

10 of 1970 (29 U.S.C. 666), as amended by para11 graph (1)(B), so that each such amount equals 

12 the maximum amount of the civil penalty under 

13 such subsection (as in effect on the day before 

14 such date of enactment) as adjusted by section 

15 4 of the Federal Civil Penalties Inflation Ad16 justment Act of 1990 (28 U.S.C. 2461 note). 

17 (B) SUBSEQUENT ADJUSTMENTS.—Sub18 paragraph (A) and the amendment made by 

19 this paragraph (1)(B) shall not be construed to 

20 affect the application of the Federal Civil Pen21 alties Inflation Adjustment Act of 1990 (28 

22 U.S.C. 2461 note) to the civil penalty amount 

23 under section 17(d) of the Occupational Safety 

24 and Health Act of 1970 (29 U.S.C. 666) for 

25 any adjustment under section 4 of the Federal 


ssavage on LAPJG3WLY3PROD with BILLS
56 

•S 5208 IS

1 Civil Penalties Inflation Adjustment Act of 

2 1990 (28 U.S.C. 2461 note) after the catch-up 

3 adjustment made by the Secretary of Labor 

4 under subparagraph (A). 

5 SEC. 304. DEFINITIONS. 

6 For purposes of sections 301 and 302, the terms 

7 ‘‘covered employee’’, ‘‘covered employer’’, ‘‘covered facil8 ity’’, and ‘‘designated employee representative’’ have the 

9 meanings given such terms in section 8(a) of the Fair 

10 Labor Standards Act of 1938 (as added by section 101). 

11 TITLE IV—MISCELLANEOUS 

12 PROVISIONS 

13 SEC. 401. SEVERABILITY. 

14 If any provision of this Act (including an amendment 

15 made by this Act) or the application of such provision to 

16 any person, entity, government, or circumstance, is held 

17 to be unconstitutional, the remainder of this Act (includ18 ing the amendments made by this Act), or the application 

19 of such provision to all other persons, entities, govern20 ments, or circumstances, shall not be affected thereby. 

21 SEC. 402. PREEMPTION. 

22 (a) INTERACTION WITH OTHER LAWS.—Nothing in 

23 this Act (including the amendments made by this Act) or 

24 the regulations promulgated under this Act shall be con25 strued to supersede or preempt any law or ordinance of 


ssavage on LAPJG3WLY3PROD with BILLS
57 

•S 5208 IS

1 a State, or political subdivision of a State, that requires 

2 limitations on any quota for a covered employee of a cov3 ered employer that are comparable to or greater than the 

4 protections provided in this Act. 

5 (b) COLLECTIVE BARGAINING AGREEMENTS.—Noth6 ing in this Act (including the amendments made by this 

7 Act) or the regulations promulgated under this Act shall 

8 be construed to supersede or preempt employment terms 

9 or conditions agreed upon in collective bargaining agree10 ments that are more beneficial to a covered employee. 

11 (c) OSHA.—No action by the Director under this Act 

12 (including the amendments made by this Act) shall be con13 strued as an exercise of statutory authority within the 

14 meaning of section 4(b)(1) of the Occupational Safety and 

15 Health Act of 1970 (29 U.S.C. 653(b)(1)). 

16 (d) DEFINITIONS.—For purposes of this section, the 

17 terms ‘‘Director’’, ‘‘covered employee’’, ‘‘covered em18 ployer’’, ‘‘designated employee representative’’, and 

19 ‘‘quota’’ have the meanings given such terms in section 

20 8(a) of the Fair Labor Standards Act of 1938 (as added 

21 by section 101). 


ssavage on LAPJG3WLY3PROD with BILLS
58 

•S 5208 IS

1 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this Act such sums as may be necessary for each of the 

4 fiscal years 2025 through 2035. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS