I 
119TH CONGRESS 
1ST SESSION H. R. 6646 
To promote transparency and accountability in covered digital labor platform 
work, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 11, 2025 
Ms. JAYAPAL (for herself, Mr. NORCROSS, Ms. OMAR, Mr. GOLDMAN of Texas, 
Ms. LEE of Pennsylvania, Mrs. MCIVER, Ms. NORTON, Mr. POCAN, Mr. 
TAKANO, and Ms. TLAIB) introduced the following bill; which was re-
ferred to the Committee on Education and Workforce 
A BILL 
To promote transparency and accountability in covered 
digital labor platform work, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Empowering App- 
Based Workers Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Millions of workers in the United States re-
port to work by logging on to digital labor platforms: 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
software applications (commonly known as ‘‘apps’’) 
that allocate and manage work. 
(2) Businesses are using digital labor platforms 
in a wide and growing range of industries and occu-
pations in the United States. While the most well- 
known businesses using digital labor platforms pro-
vide ride-hail and last-mile delivery services, busi-
nesses in a variety of sectors, including large- and 
low-paid sectors like retail, hospitality, warehousing, 
and food services, increasingly manage labor via dig-
ital labor platforms. 
(3) Platformed, or app-based, workers of all 
ages and every race, ethnicity, gender, and immigra-
tion status can be found in every State. According 
to the Bureau of Labor Statistics, app-based work-
ers are disproportionately people of color, comprising 
approximately 42 percent of the app-based work-
force, compared to 29 percent of the overall work-
force. A 2021 Pew Research poll of United States 
workers found that women (17 percent) were more 
likely than men (15 percent) to report that they had 
ever done app-based work. The growing workforces 
of businesses that use digital labor platforms to 
manage delivery workers are majority women. Plat-
form work is growing in industries like retail, hospi-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tality, warehousing, and food services, in which peo-
ple of color are overrepresented. 
(4) Government and academic research has 
found that app-based workers often receive poverty 
wages and few to no benefits and are subject to 
wage theft and wage and employment discrimina-
tion. A 2024 University of California at Berkeley 
study of app-based ride-hail drivers in 5 metropoli-
tan areas found that a majority of drivers earn net 
pay that is significantly less than the applicable min-
imum wage. Job quality issues may be related to the 
frequent misclassification of app-based workers as 
independent contractors who lack employment-based 
rights and protections. Indeed, both courts and regu-
latory agencies have found businesses that use dig-
ital labor platforms to have misclassified employees 
as independent contractors, stolen wages, and with-
held benefits. 
(5) Research also shows that some businesses 
that use digital labor platforms may be engaging in 
discriminatory pricing practices, charging variable 
rates for the same services based on particular char-
acteristics of a consumer, and setting personalized 
wages for the same work based on characteristics of 
a worker. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(6) Businesses use digital labor platforms to de-
termine access by an app-based worker to work as-
signments, the pay for the assignments, and the 
prices charged to customers. Such platforms often 
use electronic monitoring tools and automated deci-
sion-making systems or algorithms, fed by a variety 
of inputs, including data derived from workers and 
consumers. 
(7) The use of electronic monitoring tools and 
automated decision-making systems is not exclusive 
to businesses that use digital labor platforms. Other 
kinds of businesses do use them but the heavy reli-
ance by such businesses on these systems to inter-
face with workers and consumers is unique. 
(8) But while the electronic monitoring tools 
and automated decision-making systems of busi-
nesses that use digital labor platforms dictate the 
experience of workers and consumers on digital labor 
platforms, their presence, purpose, and mechanics 
are, too often, wholly opaque to workers, consumers, 
voters, and policymakers. This opacity creates pro-
found 
information 
asymmetries 
between 
these 
groups and the corporations that own or operate 
digital labor platforms. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(9) The lack of information about the electronic 
monitoring tools and automated decision-making 
systems used by businesses that use digital labor 
platforms prevents workers, consumers, and policy-
makers from understanding whether and to what ex-
tent these systems are generating harms and facili-
tating the violation of existing laws and regulations. 
(10) Unaccountable pay algorithms can enable 
various forms of wage theft, such as minimum wage 
violations, tip-stealing, routine undercounting of 
worktime, and illegal fees and deductions, as well as 
discrimination based on protected class. Forms of 
employer control obscured by algorithmic manage-
ment 
can 
enable 
independent 
contractor 
misclassification and create insurmountable road-
blocks to app-based workers’ ability to access min-
imum wage and overtime pay for all time worked, 
paid sick leave, unemployment insurance benefits, 
workers’ compensation, protections from discrimina-
tion, and more. 
(11) Reliance on electronic monitoring tools and 
automated decision-making systems that hide control 
and enable misclassification of employees as inde-
pendent contractors also has profound implications 
for social welfare programs and competing busi-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
nesses. Businesses that misclassify employees as 
independent contractors neglect to pay their share of 
employer contributions for programs such as unem-
ployment insurance and social security. In total, a 
misclassifying business can save up to 30 percent of 
its payroll costs by mislabeling a worker as an inde-
pendent contractor, which disadvantages responsible 
employers. 
(12) The lack of transparency around pricing 
algorithms allows businesses that use digital labor 
platforms to raise prices on consumers under the 
guise of increasing labor and regulatory costs. Busi-
nesses that use digital labor platforms may use 
opaque pricing algorithms to determine the amount 
they charge to customers for a service, as well as the 
share of that fee that those businesses keep for 
themselves compared to the share that goes to the 
app-based workers who provide the service. The vari-
able and opaque share of the consumer charge that 
certain digital labor platform providers keep, versus 
the share they pay an app-based workers (the ‘‘take 
rate’’) is concerning. 
(13) The issue of fluctuating, opaque, and pred-
atory take rates is especially pronounced in the ride- 
hail industry, a pioneer in the use of digital labor 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
platforms. Initially, ride-hail companies paid app- 
based workers 90 percent of the consumer charge, 
decreasing it to 80 percent as they attracted more 
workers. Early take rates of 10 to 20 percent were 
styled as ‘‘service fees’’ that drivers paid to access 
work through the digital labor platform. Like com-
missions, if the ride-hail companies increased their 
prices, workers likewise received a raise. 
(14) Ride-hail companies later abandoned their 
commission-based service fee, and now set consumer 
prices independently of app-based worker pay. Both 
prices and pay are largely influenced by unaccount-
able hidden algorithms and automated decision sys-
tems. They are also influenced by individualized con-
sumer and worker characteristics that offend notions 
of equal pay for equal work and fair dealing. 
(15) App-based workers now report ride-hail 
companies taking as much as 60 percent of the fare. 
A PowerSwitch Action analysis of Uber fares in New 
York City and Chicago between 2019 and 2023 
found that driver pay declined even as fares charged 
to consumers increased because Uber’s take rate 
also increased. 
(16) Rising, unpredictable take rates and lower 
pay have made ride-hail work an increasingly losing 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
proposition. Workers who provide what has become 
a growing and crucial transportation service are en-
titled to transparent, consistent, and fair pay for 
their work. A 25 percent cap on take rates in the 
ride-hail industry will limit the most exploitative al-
gorithmic practices and help ensure the health and 
well-being of more than a million U.S. workers. 
Since expenses and the cost of living vary from mar-
ket to market, the take rate cap in this Act estab-
lishes a floor, not a ceiling, and does not preempt 
any state or local efforts to establish take rate 
standards that exceed that set forth herein. 
(17) Although the ride-hail industry has been 
an early adopter of digital labor platform tech-
nologies, the public needs to understand how all 
businesses that use digital labor platforms utilize 
electronic monitoring tools and automated decision- 
making systems so they may understand how this 
unaccountable technology affects their lives. Without 
transparency requirements around their use of elec-
tronic monitoring tools and automated decision-mak-
ing systems, businesses that use digital labor plat-
forms can exploit information asymmetries to make 
false and unverifiable claims about the potential im-
pacts of proposed and existing public policies. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(18) Policymakers outside the United States 
have taken steps to ensure that platforms operate 
with more transparency and accountability. Multi-
national corporations like Amazon, Uber, and 
DoorDash will soon be subject to various trans-
parency and reporting requirements in the European 
Union as countries come into compliance with the 
European Union Platform Work Directive. The 
United States must not be a global laggard when it 
comes to platform regulation; workers, consumers, 
and the public will suffer for it. 
(19) To ensure that app-based work is not an 
engine of poverty and racial inequality that places 
downward pressure on job quality across the econ-
omy, workers, consumers, policymakers, and regu-
lators must not be left in the dark about the surveil-
lance and labor management technologies that busi-
nesses that use digital labor platforms are using. 
(20) All workers, businesses, and consumers in 
the United States, stand to benefit from the estab-
lishment of clear rules requiring transparency and 
accountability around the use of electronic moni-
toring and automated decision-making systems by 
businesses that use digital labor platforms to man-
age work. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADVERSE ACTION.—The term ‘‘adverse ac-
tion’’ means an action taken by a covered digital 
labor platform provider with respect to an app-based 
worker that a reasonable person would find nega-
tively impacts the app-based worker’s access to or 
terms, conditions, or privileges of work, including 
fewer (by volume or frequency) or less favorable 
work assignments or offers, less or unfavorable 
hours or shifts, reduced access to bonuses, incen-
tives, or other benefits, temporary, permanent, or in-
definite suspension, deactivation or termination, re-
striction of access to the platform, failure to pro-
mote, failure to pay, and reductions in pay. 
(2) AGGREGATED APP-BASED WORKER DATA.— 
The term ‘‘aggregated app-based worker data’’ 
means data with respect to multiple app-based work-
ers that is combined or collected together in a sum-
mary or other form that prevents the identification 
of any specific app-based worker. 
(3) APP-BASED
WORKER.—The term ‘‘app- 
based worker’’, with respect to a covered digital 
labor platform provider, means an individual who 
performs work or provides services for remuneration 
on or through the covered digital labor platform of 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
the covered digital labor platform provider, regard-
less of whether the individual is compensated by the 
covered digital labor platform provider or another 
person. 
(4) APPLICANT.—The term ‘‘applicant’’, with 
respect to a covered digital labor platform, means an 
individual who has signed up for, applied for, acti-
vated, or created an account in order to provide 
services on or through the covered digital labor plat-
form of a covered digital labor platform provider as 
an app-based worker but has not yet been approved 
for or offered work through the covered digital labor 
platform. 
(5) ATTRIBUTE.—The term ‘‘attribute’’ in-
cludes, as applicable, the tenure, demographics, re-
views, acceptance rate, part-time status, average 
weekly hours, and location of an app-based worker. 
(6) AUTHORIZED AGENT.—The term ‘‘author-
ized agent’’ means a person (other than a covered 
digital labor platform provider or a vendor or affili-
ated person of the provider) that an app-based work-
er has authorized to receive disclosures from a cov-
ered digital labor platform in accordance with sec-
tion 7, including a labor organization. 
(7) AUTOMATED DECISION SYSTEM.— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) IN GENERAL.—The term ‘‘automated 
decision system’’ means any tool, software, sys-
tem, process, function, program, method, model, 
or formula using, or designed with, computation 
to issue an automated decision system output 
that is used to augment, assist, or replace 
human judgment, decision making, or policy im-
plementation. 
(B) EXCLUSIONS.—Notwithstanding sub-
paragraph (A), the term ‘‘automated decision 
system’’ does not include any spam email filter, 
firewall, antivirus software, calculator, data-
base, dataset, or other compilation of data. 
(8) AUTOMATED DECISION SYSTEM OUTPUT.— 
The term ‘‘automated decision system output’’ 
means any information, data, assumption, pre-
diction, scoring, classification, recommendation, deci-
sion, or conclusion generated by an automated deci-
sion system. 
(9) COMMERCE; PERSON.—The terms ‘‘com-
merce’’ and ‘‘person’’ have the meanings given the 
terms in section 3 of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 203). 
(10) COVERED DIGITAL LABOR PLATFORM.— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) IN GENERAL.—The term ‘‘covered dig-
ital labor platform’’ means a platform provided, 
offered, or used by a covered digital labor plat-
form provider that— 
(i) is provided, at least in part, 
through electronic means such as an on-
line-enabled application, internet site, or 
mobile application; 
(ii) provides services performed by an 
app-based worker at the request of a con-
sumer; 
(iii) involves the facilitation of work to 
be performed by an individual in exchange 
for payment, regardless of whether such 
work is performed online or in a certain 
geographic location; and 
(iv) involves the use of an automated 
decision-making system or electronic moni-
toring tool. 
(B) EXCLUSIONS.— 
(i) IN
GENERAL.—Notwithstanding 
subparagraph (A), the term ‘‘covered dig-
ital labor platform’’ does not include— 
(I) any platform that— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(aa) only provides the means 
by which service providers can 
reach an end-user, customer, or 
recipient, without involvement of 
the platform in the terms or con-
ditions of the work; or 
(bb) only organizes the ac-
tivities of volunteers; or 
(II) any platform that has the 
primary purpose of exploiting or shar-
ing real property assets for short-term 
accommodations or that allows an in-
dividual who is not a professional to 
resell goods. 
(ii) BURDEN
OF
PROOF.—A person 
providing, offering, or using a platform 
that the person believes is a platform de-
scribed in subclause (I) or (II) shall have 
the burden of proof to establish that the 
platform is a platform described in such a 
subclause for purposes of any enforcement 
activity taken under section 9. 
(11) COVERED DIGITAL LABOR PLATFORM PRO-
VIDER.—The term ‘‘covered digital labor platform 
provider’’— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) means a person engaged in commerce 
or an industry affecting commerce that employs 
an app-based worker to perform work or pro-
vide services for remuneration on or through 
the covered digital labor platform of the person, 
or that otherwise engages, arranges, or facili-
tates the performance of such work or provision 
of such services, regardless of whether the app- 
based worker is compensated by such person or 
another person; and 
(B) includes any successor in interest of 
such person and any person who acts directly or 
indirectly in the interest of the covered digital 
labor platform provider in relation to an app- 
based worker. 
(12) DATA.—The term ‘‘data’’, used with re-
spect to an app-based worker, means any informa-
tion that identifies, relates to, describes, or could 
reasonably be linked, directly or indirectly, with a 
particular app-based worker, regardless of how the 
information is collected, inferred, or obtained, in-
cluding the following: 
(A) Personal identity information and 
characteristics, such as the app-based worker’s 
name, address or other contact information, de-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
mographic information, government-issued iden-
tification number, citizenship and familial sta-
tus, criminal background, employment history, 
financial history, health status or history, and 
information regarding immutable characteris-
tics. 
(B) Any data related to the work activities 
of an app-based worker. 
(C) Online information with respect to the 
app-based worker, including any internet pro-
tocol address used by, social media activity of, 
or other digital sources or unique identifiers as-
sociated with the app-based worker. 
(D) Individual behavior or preferences, in-
cluding observable or measurable actions, hab-
its, preferences, interests, or vulnerabilities, in-
cluding the individual’s political, personal, or 
professional affiliations, web browsing history, 
purchase history, financial circumstances, or 
consumer behaviors. 
(E) Biometric information, including im-
agery of the iris, retina, fingerprint, face, hand, 
palm, vein patterns, and voice recordings, from 
which an identifier template, such as a 
faceprint, a minutiae template, or a voiceprint, 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
can be extracted, and keystroke patterns or 
rhythms, gait patterns or rhythms, and sleep, 
health, or exercise data that contain identifying 
information. 
(F) Inferences drawn from any of the data 
described in this paragraph, including internally 
generated inferences, or worker profiles gen-
erated by inferences, by or for the covered dig-
ital labor platform provider. 
(13) ELECTRONIC
MONITORING
TOOL.—The 
term ‘‘electronic monitoring tool’’ means any system, 
application, or instrument that facilitates the collec-
tion of data concerning the activities, communica-
tions, actions, biometrics, attributes, or behaviors of 
an app-based worker by any means other than direct 
observation by another individual, including through 
the use of a computer, telephone, wire, radio, cam-
era, electromagnetic, photoelectronic, or photo-opti-
cal system. 
(14) EMPLOY.—The term ‘‘employ’’ has the 
meaning given such term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
(15) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ means— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) a labor organization, as such term is 
defined in section 2 of the National Labor Rela-
tions Act (29 U.S.C. 152); or 
(B) the collective bargaining representative 
of a craft or class of employees for purposes of 
the Railway Labor Act (45 U.S.C. 151 et seq.). 
(16) INDIVIDUALIZED.—The term ‘‘individual-
ized’’ means data described in subparagraph (A), 
(C), (D), (E), or (F) of paragraph (12) that is— 
(A) specific to a specific app-based worker 
or group, band, class, or tier of app-based 
workers; or 
(B) inferred about a specific app-based 
worker or group, band, class, or tier of app- 
based workers based on other such data. 
(17) ON-DEMAND.—The term ‘‘on-demand’’ 
means a service available to a waiting, time-sensitive 
consumer after the consumer makes a request or 
places an order for such service via a covered digital 
labor platform. 
(18) PREDISPUTE ARBITRATION AGREEMENT.— 
The term ‘‘predispute arbitration agreement’’ means 
any agreement to arbitrate a dispute that has not 
yet arisen at the time of the making of the agree-
ment. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(19) PREDISPUTE JOINT-ACTION WAIVER.—The 
term ‘‘predispute joint-action waiver’’ means an 
agreement, including as part of a predispute arbitra-
tion agreement, that would prohibit, or waive the 
right of, one of the parties to the agreement to par-
ticipate in a joint, class, or collective action in a ju-
dicial, arbitral, administrative, or other forum, con-
cerning a dispute that has not yet arisen at the time 
of the making of the agreement. 
(20) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(21) TAKE RATE.—The term ‘‘take rate’’, with 
respect to a covered digital labor platform provider 
that offers a consumer any on-demand transpor-
tation services, means the percentage of the total 
amount such a covered digital labor platform pro-
vider charges to a consumer for such a service pro-
vided on or through the covered digital labor plat-
form, exclusive of any tip, that is not paid to an 
app-based worker as remuneration with respect to 
that service. 
(22) TIME
ON
TASK.—The term ‘‘time on 
task’’, with respect to an app-based worker per-
forming on-demand services, means an amount of 
time that begins when an app-based worker is as-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
signed or accepts a work assignment on a covered 
digital labor platform for the performance of a serv-
ice and ends when— 
(A) the work assignment is completed; or 
(B) the work assignment is cancelled. 
(23) 
TIME
WORKED.—The 
term 
‘‘time 
worked’’— 
(A) with respect to an app-based worker 
providing on-demand services, includes all time 
that an app-based worker is logged into a cov-
ered digital labor platform and available to per-
form services on or through the covered digital 
labor platform; and 
(B) with respect to an app-based worker 
who works shifts or blocks of time that are in 
any way scheduled in advance of performing the 
work, includes all time from when the app- 
based worker reports to work through the com-
pletion of assigned tasks or shift work, as fur-
ther defined and delimited in regulations by the 
Secretary. 
(24) VENDOR.—The term ‘‘vendor’’ means any 
entity or other third party engaged by a covered dig-
ital labor platform provider (or by any contractor of 
the covered digital labor platform provider) to pro-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
vide software, technology, or any related service that 
is used to collect, store, analyze, or interpret app- 
based worker data. 
(25) WORK ASSIGNMENT.—The term ‘‘work as-
signment’’ means an assignment or offer on a cov-
ered digital labor platform to provide services for a 
consumer that is assigned to or accepted by an app- 
based worker for the performance of services with 
respect to that assignment or offer. 
(26) WORK-RELATED
DECISION.—The term 
‘‘work-related decision’’ means any decision made by 
a covered digital labor platform provider with re-
spect to— 
(A) hiring, engaging, or promoting an app- 
based worker; 
(B) taking an adverse action against an 
app-based worker; or 
(C) the terms, privileges, or conditions of 
the work of an app-based worker, including a 
decision that affects or could affect the pay, the 
benefits, other compensation, the schedule of 
work, the hours of work, an evaluation, a per-
formance rating, the job content, an assignment 
of work, the access to work, the productivity re-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
quirements, or the workplace health and safety 
of the app-based worker. 
SEC. 4. TRANSPARENCY. 
(a) DISCLOSURES TO WORKERS.— 
(1) NOTICE OF ELECTRONIC MONITORING AND 
AUTOMATED DECISION SYSTEMS.— 
(A) IN GENERAL.—A covered digital labor 
platform provider that uses or intends to use an 
electronic monitoring tool or automated decision 
system shall, in accordance with subparagraph 
(B), provide to each app-based worker and ap-
plicant of the covered digital labor platform 
provider who is, or will be, subject to the elec-
tronic monitoring tool or automated decision 
system a notice that provides— 
(i) a description of how any electronic 
monitoring tool or automated decision sys-
tem will be used by the covered digital 
labor platform provider; 
(ii) a description of the data intended 
to be or actually collected by the electronic 
monitoring tool or used in an automated 
decision system; 
(iii) in the case of the use of an elec-
tronic monitoring tool— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(I) a description of any activity, 
location, communication, task, or job 
role that will be electronically mon-
itored by the electronic monitoring 
tool; 
(II) whether, how, and what data 
collected using the electronic moni-
toring tool will be used as an input in 
an automated decision system; 
(III) whether, how, and what 
data collected using an electronic 
monitoring tool will be used (whether 
used with or without an automated 
decision system) to make, or assist in 
making, decisions regarding the com-
pensation of an app-based worker or 
applicant and offers or assignments of 
work for the app-based worker or ap-
plicant; and 
(IV) a description of where any 
data collected by the electronic moni-
toring tool will be stored, the length of 
time the data will be retained, who 
may access the data, and how the 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
data may be accessed by a person who 
is authorized to access the data; 
(iv) in the case of the use of an auto-
mated decision system— 
(I) a description of the methods, 
processes, inputs, attributes, and data 
that the covered digital labor platform 
provider uses or intends to use, 
through the automated decision sys-
tem, to determine or assist in deter-
mining the compensation of the app- 
based worker or applicant, including 
pay rates, assignments, bonuses, or 
other benefits; and 
(II) a description of the cat-
egories of data and the main param-
eters of that data for the automated 
decision system and the relative im-
portance and weights of the main pa-
rameters in the automated decision 
system for purposes of creating infer-
ences or making work-related deci-
sions regarding the app-based worker 
or applicant, including how data re-
garding the app-based worker or ap-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(vii) the specific grounds, conditions, 
and reasons for which a covered digital 
labor platform provider may take any ad-
verse action with respect to the app-based 
worker. 
(B) TIMING.—A notice under subpara-
graph (A) shall be provided— 
(i) with respect to any applicant, at a 
time that is after the applicant has signed 
up for, applied for, activated, or created an 
account and before the applicant performs 
any work or provides any service for remu-
neration for the covered digital labor plat-
form provider or on or through a covered 
digital labor platform; 
(ii) with respect to an app-based 
worker— 
(I) for any electronic monitoring 
tool or automated decision system 
that is in effect on the day before the 
date of enactment of this Act, not 
later than the later of— 
(aa) 30 days after the date 
on which a final rule to carry out 
this section takes effect; or 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(bb) 180 days after the date 
of enactment of this Act; or 
(II) for any other electronic mon-
itoring tool or automated decision sys-
tem, as soon as practicable, but not 
less than 96 hours before the elec-
tronic monitoring tool or automated 
decision system takes effect with re-
spect to that app-base worker; 
(iii) annually to each app-based work-
er who performed work on or through the 
covered digital labor platform of the cov-
ered digital labor platform provider during 
the year preceding the date the notice is 
provided; 
(iv) in the app-based worker’s primary 
language; and 
(v) to an app-based worker or appli-
cant not later than 5 business days after 
any request by the app-based worker or 
applicant. 
(2) COMPREHENSIVE AND DETAILED USE NO-
TICE.— 
(A) IN GENERAL.—A covered digital labor 
platform provider that uses an electronic moni-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
toring tool or automated decision system to 
make or assist in making a work-related deci-
sion with respect to an app-based worker that 
substantially impacts the compensation or work 
assignments of the app-based worker or the ac-
cess of the app-based worker to the covered dig-
ital labor platform shall, as described in sub-
paragraph (B), provide to the app-based worker 
a notice that includes— 
(i) a description of the data and at-
tributes used in the work-related decision 
with respect to the app-based worker; 
(ii) in the case of the use of an auto-
mated decision system, a description of the 
inputs for the automated decision system 
and the weight of each for purposes of the 
work-related decision, the automated deci-
sion system outputs with respect to that 
work-related decision, and the method by 
which the worker can obtain the range of 
possible outputs, including aggregate out-
put statistics; and 
(iii) the metadata used for the work- 
related decision, including for each variable 
of the metadata the name, attribute, value, 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
what the variable captures, and examples 
of the values it captures. 
(B) TIMING.—A notice under subpara-
graph (A) shall be provided to an app-based 
worker— 
(i) not later than 5 business days 
after the initial request by the app-based 
worker for the notice; and 
(ii) if the app-based worker requests 
subsequent notices on an ongoing basis, 
not more than 48 hours after the covered 
digital labor platform provider uses an 
electronic monitoring tool or automated de-
cision system with respect to the app-based 
worker as provided in subparagraph (A). 
(3) ADDITIONAL
DISCLOSURES.—Before the 
first time that an app-based worker performs any 
work or provides any service for remuneration on or 
through a covered digital labor platform or, in the 
case of an app-based worker who has already per-
formed such work or provided such services on or 
before the date of enactment of this Act, not later 
than 365 days after the date of enactment of this 
Act, the covered digital labor platform provider shall 
notify the app-based worker of— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) all required disclosures and the obliga-
tions of the covered digital labor platform under 
this Act; and 
(B) all other applicable minimum pay and 
benefits standards that apply to the app-based 
worker. 
(4) ITEMIZED RECEIPTS.— 
(A) IN
GENERAL.—At the end of each 
work assignment of an app-based worker, the 
covered digital labor platform provider shall dis-
close to the app-based worker each component 
of the pay of the app-based worker, including, 
to the extent applicable and as further defined 
and delimited through regulations promulgated 
by the Secretary— 
(i) the total amount paid by the con-
sumer to the covered digital labor platform 
provider for the work assignment per-
formed by the app-based worker exclusive 
of any tip provided to the app-based work-
er as described in clause (ii); 
(ii) the amount of any tip paid by the 
consumer through the covered digital labor 
platform provider as gratuity for the work 
of the app-based worker; 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(iii) the amount paid to the app-based 
worker by the covered digital labor plat-
form provider excluding the tip described 
in clause (ii) and any reimbursement by 
the provider of costs incurred by the app- 
based worker; 
(iv) the take rate for the work assign-
ment; 
(v) the total distance traveled by the 
app-based worker for the work assignment 
in miles; 
(vi) whether the work assignment con-
tributed to or was related to a bonus or 
other incentive for the app-based worker; 
(vii) total time worked by the app- 
based worker for the work assignment; and 
(viii) information on whether that 
work assignment was offered to any other 
app-based worker, and if so, the amount of 
compensation offered to the other app- 
based worker. 
(B) UPDATE OF DISCLOSURE.—A covered 
digital labor platform provider that provides a 
disclosure under subparagraph (A) may update 
the disclosure for a period of not more than 48 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
hours after the disclosure is provided to the 
app-based worker. 
(5) WEEKLY PAY STATEMENTS.—Not less often 
than once a week, each covered digital labor plat-
form provider shall disclose to each app-based work-
er of the covered digital labor platform provider each 
component of pay of the app-based worker for the 
week (referred to in this paragraph as the ‘‘covered 
week’’), including, to the extent applicable and as 
further defined and delimited through regulations 
promulgated by the Secretary— 
(A) the total amount paid to the app-based 
worker by the covered digital labor platform 
provider during the covered week excluding the 
amount of any tips paid to the app-based work-
er and any reimbursement by the provider of 
costs incurred by the app-based worker; 
(B) the total amount paid to the covered 
digital labor platform provider for all work as-
signments by the app-based worker during the 
covered week by all consumers, excluding any 
tips paid to the app-based worker; 
(C) the weekly average take rate for all 
consumer payments for all work assignments of 
the app-based worker; 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
in the language the app-based worker identifies 
as their primary language; and 
(E) as applicable, through a posting on the 
covered digital labor platform in English and 
any other language that more than 20 percent 
of app-based workers of the relevant covered 
digital labor platform provider identify as their 
primary language. 
(b) DISCLOSURES TO CONSUMERS.—At the end of 
each work assignment of an app-based worker, the covered 
digital labor platform provider shall disclose, through elec-
tronic correspondence, to the consumer with respect to the 
work assignment, to the extent applicable and as further 
defined and delimited through regulations promulgated by 
the Secretary— 
(1) the total amount paid by the consumer for 
the work assignment, excluding any tip; 
(2) the amount added as a tip from the con-
sumer and any reimbursement by the provider of 
costs incurred by the app-based worker; 
(3) the amounts paid to the app-based worker 
by the covered digital labor platform provider, ex-
cluding the amount described in paragraph (2); and 
(4) the take rate for the work-assignment. 
(c) ADDITIONAL DISCLOSURES.— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) REPORTING TO THE AGENCY.—On a quar-
terly basis and in accordance with any rule pre-
scribed by the Secretary, each covered digital labor 
platform provider shall electronically disclose to the 
Secretary— 
(A) copies of the notices required under 
subsection (a)(1); 
(B) aggregated app-based worker data re-
garding the information required to be provided 
to all app-based workers of the covered digital 
platform provider through the disclosures under 
subsection (a)(5) during the relevant quarter; 
(C) the aggregated app-based worker data 
described 
under 
subparagraph 
(B), 
disaggregated by State and by certain metro-
politan statistical areas (as identified by the Of-
fice of Management and Budget) selected, 
through regulations by the Secretary, based on 
geographic distribution across the regions of the 
United States, including in the Northeast, 
South, Midwest, and West; 
(D) the demographic data of app-based 
workers who completed a work assignment dur-
ing the relevant quarter, based on self-reporting 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
by app-based workers, as described in section 
5(b); 
(E) hourly wage data for app-based work-
ers disaggregated by worker demographic; and 
(F) any fees charged by the covered digital 
labor platform provider to an app-based worker 
in order to perform work, receive compensation 
for work, or provide services on or through the 
covered digital labor platform. 
(2) PUBLICATION.— 
(A) PUBLICATION
BY
COVERED
DIGITAL 
LABOR
PLATFORM
PROVIDER.—Each covered 
digital labor platform provider shall publish the 
data disclosed under paragraph (1), in an 
anonymized manner, on a public internet 
website of the covered digital labor platform 
provider in a machine readable and searchable 
format. 
(B) PUBLICATION
BY
SECRETARY.—Not 
later than February 15 of each year, the Sec-
retary shall make the data disclosed under 
paragraph (1) for the preceding calendar year, 
available to the public, which shall include post-
ing the information, in an anonymized manner, 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
on a public internet website of the Secretary in 
a searchable and downloadable format. 
(C) REGULATIONS.—The Secretary shall 
issue regulations detailing and defining require-
ments with respect to the publications under 
subparagraphs (A) and (B) to ensure the acces-
sibility and usability of the information in the 
publications and protect the anonymity of each 
app-based worker. 
SEC. 5. ACCOUNTABILITY. 
(a) TAKE RATE CAP.— 
(1) IN GENERAL.—A covered digital labor plat-
form provider that offers a consumer on-demand 
transportation services may not charge in excess of 
a 25 percent take rate for such service. 
(2) TAKE RATE OFFSET LIMITATION.—A cov-
ered digital labor platform provider described in 
paragraph (1) may not impose a fee on an app- 
based worker unless the ratio of the amount that is 
paid by a consumer (exclusive of any tip) with re-
spect to a work assignment and is not provided to 
an app-based worker as remuneration to the amount 
that is the total amount paid by the consumer (ex-
clusive of any tip) with respect to such work assign-
ment plus the amount of such fee (or a pro rata 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
amount of such fee if the fee is paid in a lump sum) 
is not more than 25 percent. 
(b) REQUEST FOR VOLUNTARY DISCLOSURES.—Not-
withstanding subsection (d), a covered digital labor plat-
form provider shall provide every app-based worker of the 
covered digital labor platform provider an opportunity to 
disclose, subject to regulations promulgated by the Sec-
retary in consultation with the Equal Employment Oppor-
tunity Commission, demographic data in a manner that 
protects the privacy of the app-based worker. 
(c) INDIVIDUALIZED
ALGORITHMIC
WAGE
SET-
TING.— 
(1) EQUAL PAY FOR EQUAL WORK.—A covered 
digital labor platform provider may not offer an 
amount of compensation for a work assignment to 
an app-based worker that is different than the 
amount of compensation that was offered to another 
app-based worker for any substantially similar or 
comparable tasks unless the covered digital labor 
platform provider can clearly demonstrate that the 
difference in offered compensation is— 
(A) based on cost differentials between the 
specific workers for performing the tasks in-
volved in the work assignment; or 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) otherwise required by a collective bar-
gaining agreement that applies to the app-based 
worker or the other app-based worker. 
(2) SURVEILLANCE WAGE SETTING.—A covered 
digital labor platform provider may not use individ-
ualized data with respect to an app-based worker as 
an input in an automated decision system for pur-
poses of informing compensation decisions for work 
assignments for the app-based worker or use any 
automated decision system output for such purposes 
if the output relied on or included such individual-
ized data, unless the covered digital labor platform 
provider can clearly demonstrate that— 
(A)(i) any difference between the amount 
of compensation offered for the work assign-
ment and the amount of compensation that was 
offered to another app-based worker for any 
substantially similar or comparable tasks is, in 
accordance with paragraph (1)(A), based on 
cost differentials between the specific workers 
for performing the tasks involved in the work 
assignment; and 
(ii) such data is directly related to the 
tasks involved in the work assignment; or 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) any difference between the amount of 
compensation offered for the work assignment 
and the amount of compensation that was of-
fered to another app-based worker for any sub-
stantially similar or comparable tasks is, in ac-
cordance with paragraph (1)(B), otherwise re-
quired by a collective bargaining agreement that 
applies to the app-based worker or the other 
app-based worker. 
(3) EXCEPTION.—This subsection shall not 
apply with respect to an app-based worker of a cov-
ered digital labor platform provider if the covered 
digital labor platform provider plays no role in set-
ting or determining— 
(A) the pay rate of the app-based worker; 
and 
(B) the amount charged to a consumer for 
services provided by the app-based worker. 
(d) DATA PROCESSING LIMITATIONS.—A covered 
digital labor platform provider may not— 
(1) use electronic monitoring, an automated de-
cision system, or worker data to infer immigration 
status, political opinion, religious or philosophical be-
liefs, disability status, health status or history, emo-
tional or psychological state, sexual or gender ori-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
entation, or union sympathy or likelihood of orga-
nizing or otherwise asserting rights; or 
(2) collect an app-based worker’s data other 
than during time worked for the covered digital plat-
form provider. 
(e) LIMITING DECEPTIVE PATTERNS.—A covered 
digital labor platform provider may not use any platform 
interface that contains unfair, covert, or deceptive infor-
mation regarding compensation, including on the eligi-
bility for bonuses, or that obscures or delays an app-based 
worker’s access to such information regarding compensa-
tion in a manner that inhibits the worker’s ability to make 
an informed decision about whether or how to perform 
work or provide services for remuneration on or through 
the covered digital labor platform of the covered digital 
labor platform provider. 
SEC. 6. DATA PRESERVATION. 
(a) IN GENERAL.—A covered digital labor platform 
provider and each vendor of the covered digital labor plat-
form provider— 
(1) shall retain for 4 years contemporaneous 
records of any data regarding an app-based worker 
that is collected using an electronic monitoring tool 
or used as an automated decision system input; 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) may not sell, transfer, or disclose app-based 
worker data collected via an electronic monitoring 
tool or used as an automated decision system input 
to any other entity unless the sale, transfer, or dis-
closure is— 
(A) pursuant to a request from an author-
ized agent of an app-based worker of the cov-
ered digital labor platform provider regarding 
the data of the app-based worker; or 
(B) is otherwise required under State or 
Federal law and the covered digital labor plat-
form provides notice to the app-based worker; 
and 
(3) shall collect, process, store, and retain all 
data regarding an app-based worker in a manner 
that protects the privacy of the app-based worker 
(including protection from unauthorized access, de-
struction, use, modification, or disclosure) and in ac-
cordance with any regulation promulgated by the 
Secretary. 
(b) DISCLOSURE.—Except as otherwise provided 
under section 4(a)(2)(B) with respect to a comprehensive 
and detailed use notice, a covered digital labor platform 
provider or vendor of the covered digital labor platform 
provider shall provide any data retained in accordance 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
with this subsection with respect to an app-based worker 
or an individual who was an app-based worker to the app- 
based worker, individual, or authorized agent of the app- 
based worker not more than 5 business days after the cov-
ered digital labor platform provider or vendor receives the 
request from the app-based worker, individual, or author-
ized agent. 
SEC. 7. AUTHORIZED AGENT AUTHORITY. 
(a) IN GENERAL.—Pursuant to regulations issued by 
the Secretary, an app-based worker may, in writing, au-
thorize a person to be the authorized agent of the app- 
based worker for purposes of receiving any required disclo-
sure or notice from a covered digital labor platform pro-
vider under paragraphs (1), (2), (4), and (5) of section 
4(a) or section 6(b) as if the authorized agent was the 
app-based worker. 
(b) TREATMENT OF AN AUTHORIZED AGENT.— 
(1) IN
GENERAL.—With respect to an app- 
based worker who authorizes an authorized agent 
under subsection (a), the covered digital labor plat-
form provider of the app-based worker shall provide 
an additional copy of each notice or disclosure de-
scribed in such subsection to the authorized agent at 
the time such notice or disclosure is due to the app- 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
based worker and upon request by the authorized 
agent. 
(2) INFORMATION REQUESTS.—A covered dig-
ital labor platform provider shall— 
(A) provide a designated email address, 
which is prominently displayed on its website, 
to which an authorized agent can submit a re-
quest for a notice or disclosure described in 
subsection (a); and 
(B) provide the notice or disclosure— 
(i) not later than 10 business days 
after an initial request is submitted; and 
(ii) thereafter, if applicable, at the 
same time any such disclosure or notice 
would otherwise be due to the app-based 
worker. 
(c) PRIVACY REQUIREMENTS FOR AN AUTHORIZED 
AGENT.—An authorized agent authorized under sub-
section (a) may not use any personal information regard-
ing an app-based worker, or any other information col-
lected from or about the app-based worker, for any pur-
poses other than the purposes specified in the written au-
thorization of the app-based worker. 
(d) NOTIFICATION OF SUBPOENA.— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) IN GENERAL.—An authorized agent author-
ized under subsection (a) may not disclose any infor-
mation received from a covered digital labor plat-
form with respect to an app-based worker to any 
government entity unless required to do so by a sub-
poena or other court order compelling production of 
such information. 
(2) DISCLOSURE.—An authorized agent that is 
required to produce information to a government en-
tity as described in paragraph (1) shall notify the 
app-based worker who authorized the agent to re-
ceive such information. 
SEC. 8. WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—A covered digital labor platform 
provider may not discriminate or retaliate (including 
through intimidation, threats, coercion, deactivation, di-
minishment of compensation or access to the covered dig-
ital labor platform or work assignments, or harassment) 
against any app-based worker— 
(1) for exercising, or attempting to exercise, 
any right provided under this Act; or 
(2) because the app-based worker (or another 
individual acting at the request of the app-based 
worker or an authorized agent of the app-based 
worker) has— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) filed a written or oral complaint to the 
covered digital labor platform provider, or a 
Federal, State, or local government entity of a 
violation of section 4, 5, or 6; 
(B) instituted, caused to be instituted, or 
otherwise participated in any inquiry or pro-
ceeding under or related to this Act; 
(C) given, or is about to give, any informa-
tion in connection with any inquiry or pro-
ceeding relating to any right provided under 
this Act; or 
(D) testified, or is about to testify, in any 
inquiry or proceeding relating to any right pro-
vided under this Act. 
(b) REBUTTABLE PRESUMPTION.—If a covered dig-
ital labor platform provider takes an adverse action 
against an app-based worker within 90 days of the app- 
based worker engaging, or attempting to engage in, activi-
ties protected by subsection (a), there shall be a rebuttable 
presumption that the adverse action is in violation of such 
subsection. 
SEC. 9. ENFORCEMENT. 
(a) ENFORCEMENT BY THE SECRETARY.—To ensure 
compliance with the provisions of this Act, or any regula-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
tion or order issued under this Act, the Secretary, may 
take the following actions: 
(1) INVESTIGATE.—The Secretary may— 
(A) review and analyze disclosures sub-
mitted under section 4(c)(1) by a covered dig-
ital labor platform provider and issue public re-
ports regarding compensation and hours by in-
dustry; 
(B) collect any additional data regarding 
the compensation, hours, and other conditions 
and practices in any industry for which covered 
digital labor platform providers are subject to 
this Act; 
(C) inspect any place or record (and make 
such transcriptions thereof), question any app- 
based worker, and investigate any facts, condi-
tions, practices, or matters as the Secretary 
may deem necessary or appropriate to deter-
mine whether a covered digital labor platform 
provider has violated any provision of this Act, 
or which may aid in the enforcement of the pro-
visions of this Act; and 
(D) make requests for information, as au-
thorized under paragraph (2), on a joint basis 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
with another Federal agency, a State attorney 
general, or a State agency. 
(2) REPORTING.—The Secretary may require, 
by general or special orders and in addition to the 
disclosures required in section 4(c)(1), a covered dig-
ital labor platform provider to file with the Sec-
retary, in such form as the Secretary may prescribe, 
annual or special reports or answers in writing to 
specific questions, furnishing to the Secretary such 
information or records as the Secretary may require 
as to the organization, business, conduct, practices, 
management, and relation to other corporations, 
partnerships, and individuals, of the covered digital 
labor platform provider. 
(3) ENFORCEMENT.—The Secretary shall re-
ceive, investigate, and attempt to resolve, any com-
plaints from app-based workers of violations of sec-
tions 4, 5, 6, and 8 in the same manner that the 
Secretary receives, investigates, and attempts to re-
solve complaints of violations of sections 6 and 7 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
206, 207). 
(4) PUBLIC EDUCATION.—The Secretary shall 
engage in public education, including on its website 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
and its outreach to stakeholders, to inform app- 
based workers of the rights pursuant to this Act. 
(5) LITIGATION.—The Solicitor of Labor may 
appear for and represent the Secretary in any litiga-
tion brought under this subsection. 
(6) REFERRAL FOR CRIMINAL PROCEEDINGS.— 
If the Secretary, in the course of the performance of 
any action or duty under this Act, obtains evidence 
that any covered digital labor platform provider has 
engaged in conduct that may constitute a violation 
of Federal criminal law, the Secretary shall refer the 
matter to the Attorney General for prosecution 
under any applicable law. Nothing in this paragraph 
shall affect any other authority of the Secretary to 
disclose information. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.— 
(A) AFFECTED
APP-BASED
WORKER.— 
Notwithstanding any action by the Secretary 
under subsection (a)(3) or subsection (c), an 
app-based worker may commence a civil action 
against a covered digital labor platform pro-
vider or, as applicable, a vendor of the covered 
digital labor platform provider for an alleged 
violation of paragraph (1), (2), (3), (4) or (5) 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
of section 4(a) or section 5, 6, or 8 in any Fed-
eral court of competent jurisdiction. 
(B) CONSUMER.—Notwithstanding any ac-
tion by the Secretary under subsection (a)(3) or 
subsection (c), a consumer may commence a 
civil action against any covered digital labor 
platform provider for an alleged violation of sec-
tion 4(b) in any Federal court of competent ju-
risdiction. 
(C) 
AUTHORIZED
AGENT.—Notwith-
standing any action by the Secretary under sub-
section (a)(3) or subsection (c), an authorized 
agent of an app-based worker may commence a 
civil action against a covered digital labor plat-
form provider for an alleged violation of para-
graph (1), (2), (3), (4) or (5) of section 4(a) or 
section 5, 6, or 8 in any Federal court of com-
petent jurisdiction as if the authorized agent 
were the app-based worker. 
(D) 
LABOR
ORGANIZATION.—Notwith-
standing any action by the Secretary under sub-
section (a)(3) or subsection (c), a labor organi-
zation or a worker center that is adversely af-
fected by an alleged violation of paragraph (1), 
(2), (3), (4) or (5) of section 4(a) or section 5, 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
6, or 8 or that represents an app-based worker 
who is adversely affected by such an alleged vio-
lation may commence a civil action against the 
covered digital labor platform provider or, as 
applicable, a vendor of the covered digital labor 
provider that violates such section in any Fed-
eral court of competent jurisdiction. 
(2) RELIEF.— 
(A) IN
GENERAL.—In a civil action 
brought under paragraph (1) in which the 
plaintiff prevails, the court shall award— 
(i) statutory damages in accordance 
with the applicable provisions of subpara-
graph (B); 
(ii) any actual damages sustained plus 
an equal amount as liquidated damages; 
(iii) reasonable attorney’s fees and 
litigation costs; 
(iv) appropriate equitable relief; and 
(v) appropriate injunctive relief. 
(B) STATUTORY
DAMAGES.—Subject to 
subparagraph (D), statutory damages under 
this subparagraph shall be the following: 
(i) FAILURE TO MAKE PROPER DIS-
CLOSURES.— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(I) TIMELINESS
OF
NOTICES.— 
For any violation of paragraph (1), 
(2), or (3) of section 4(a)— 
(aa) an amount that is not 
less than $20,000 per failure to 
provide a notice required under 
such paragraph; or 
(bb) an amount that is not 
less than $5,000 per failure to 
provide a notice required under 
such paragraph in, as determined 
through regulation by the Sec-
retary, a timely manner. 
(II) FORMAT OF NOTICES.—For 
any violation of section 4(a)(6), an 
amount that is not less than $1,000 
per violation. 
(III) 
RECEIPTS, 
PAY
STATE-
MENTS, AND
INDIVIDUALIZED
ALGO-
RITHMIC
WAGE
SETTING.—For any 
violation of paragraph (4) or (5) of 
section 4(a) or section 5(c), an 
amount that is not less than $5,000 
per violation. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(IV) CONSUMER
NOTICE.—For 
any violation of section 4(b), an 
amount that is not less than $2,000 
per violation. 
(V) QUARTERLY REPORTING AND 
PUBLICATION.—For any violation of 
paragraph (1) or paragraph (2)(A) 
section 4(c), an amount that is not 
less than $20,000 per violation. 
(ii) 
VIOLATIONS
OF
TAKE
RATE 
CAPS.—For any violation of paragraph (1) 
or (2) of section 5(a) with respect to an 
app-based worker, an amount that is the 
greater of— 
(I) an amount that is 4 times the 
difference between the maximum per-
missible take rate under such section 
and the amount actually paid to the 
app-based worker; or 
(II) $20,000 per violation. 
(iii) 
DATA
PRESERVATION
VIOLA-
TIONS.—For any violation of section 6, an 
amount that is not less than $20,000 per 
violation. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(iv) WHISTLEBLOWER VIOLATIONS.— 
For any violation of section 8, an amount 
that is not less than $25,000 per violation. 
(C) TEMPORARY
WHISTLEBLOWER
RE-
LIEF.—In addition to relief for a prevailing 
party under subparagraph (A), a court may 
award punitive damages and temporary injunc-
tive relief while a case is pending, including re-
instatement. All relief is available to a pre-
vailing whistleblower plaintiff regardless of 
whether the plaintiff is authorized to work in 
the United States. 
(D) ADJUSTMENT
OF
STATUTORY
DAM-
AGES.—The Secretary, not later than Sep-
tember 1 of each calendar year, shall adjust the 
dollar amounts referred to in subparagraph (B) 
by the percent increase, if any, in the consumer 
price index for all urban consumers (United 
States city average), or a successor index, as 
determined by the Bureau of Labor Statistics, 
or a successor agency, for the most recent 12- 
month period for which data is available. 
(E) JOINT AND SEVERAL LIABILITY.—In a 
civil action brought under this subsection 
against a covered digital labor platform pro-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
vider and a vendor of the covered digital labor 
platform provider for a violation of section 6 in 
which the plaintiff prevails, the covered digital 
labor platform provider and the vendor shall be 
jointly and severally liable for the violation. 
(c) CIVIL MONETARY PENALTIES.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may impose a penalty on any covered 
digital labor platform provider that violates any pro-
vision of this Act in an amount that is— 
(A) not less than $25,000 for any viola-
tion; 
(B) not less than $50,000 for any violation 
that occurs not more than 2 years after another 
such violation; or 
(C) not less than $100,000 for any willful 
violation. 
(2) AMOUNT DETERMINATION.—In determining 
the amount of any penalty under this subsection, the 
Secretary may consider the appropriateness of such 
penalty to the size of the business charged, the grav-
ity of the violation, and whether the amount is suffi-
cient to deter future violations. 
(3) USE OF AMOUNTS.— 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(A) ESTABLISHMENT OF FUND.—There is 
established in the Treasury of the United 
States a fund to be known as the Covered Dig-
ital Labor Platform Investigation Fund (re-
ferred to in this paragraph as the ‘‘Fund’’). 
(B) DEPOSIT.—Any amount collected as a 
penalty under this subsection shall be deposited 
into the Fund. 
(C) USE
OF
FUNDS.—Amounts in the 
Fund shall be available to the Secretary, with-
out fiscal year limitation and without further 
appropriation for purposes of reimbursement of 
any costs of investigating violations of this Act, 
determining whether any such violations oc-
curred, and collecting penalties under this sec-
tion. 
SEC. 10. RULE OF CONSTRUCTION. 
For purposes of this Act, the use of an electronic 
monitoring tool or automated decision system by a covered 
digital labor platform provider includes the use of such 
an electronic monitoring tool or automated decision sys-
tem by a vendor or other third party acting on behalf of 
the covered digital labor platform provider. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 11. REGULATIONS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall issue regulations that— 
(1) define and delimit any undefined term used 
in this Act, including by providing, as determined 
necessary by the Secretary, examples of the applica-
tion of the term to different app-based occupations; 
(2) further clarify, define, or delimit any term 
that is defined in this Act (including the terms sub-
stantially impacts, aggregated app-based worker 
data, data, take rate, time on task, and time 
worked), including by providing, as determined nec-
essary by the Secretary, examples of the application 
of the term to different app-based occupations; and 
(3) provide for industry- or occupation-specific 
rules, as determined necessary by the Secretary. 
SEC. 12. LIMITATION OF JUDICIAL REVIEW OF REGULA-
TIONS. 
(a) IN GENERAL.—Congress delegates to the Sec-
retary the authority, in issuing any regulation under or 
with respect to this Act, to interpret the provisions of this 
Act. A court engaged in judicial review of those provisions, 
including judicial review under section 706 of title 5, 
United States Code, shall only determine whether the 
agency’s interpretation is based on a reasonable or permis-
sible construction of this Act. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(b) STANDARDS FOR JUDICIAL REVIEW RELATED TO 
REGULATIONS.—For any action brought for declaratory 
or injunctive relief to challenge, whether facially or as-ap-
plied, the constitutionality or lawfulness of any rule or reg-
ulation promulgated under this Act— 
(1) such an action may be brought not more 
than 3 years after the date that the rule or regula-
tion was promulgated; and 
(2) such an action shall be filed in the United 
States District Court for the District of Columbia. 
SEC. 13. RELATION TO OTHER LAWS. 
(a) IN GENERAL.— 
(1) PRESERVATION OF STATE POWERS.—This 
Act shall not be construed as preempting, altering, 
limiting, or affecting the power or authority of a 
State to enact, adopt, or enforce any State law that 
provides the same or greater protections to app- 
based workers or consumers as the requirements 
under this Act. 
(2) NO SAFE HARBOR.—This Act shall not be 
construed to permit noncompliance with any Fed-
eral, State, or local law that establishes require-
ments regarding minimum wages or maximum work 
hours or nondiscrimination in the workplace. 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(3) 
ARBITRATION
AGREEMENTS.—Notwith-
standing chapter 1 of title 9, United States Code 
(commonly known as the ‘‘Federal Arbitration 
Act’’), or any other provision of law, a predispute ar-
bitration agreement or predispute joint-action waiver 
between an app-based worker and a covered digital 
labor platform provider shall not be valid or enforce-
able. 
(4) NON-DISCLOSURE AGREEMENTS.—Any con-
fidentiality agreement or other contract provision 
that prohibits the disclosure of information by a 
party to the contract between an app-based worker 
and a covered digital labor platform provider shall 
not be valid or enforceable. 
(5) NO WAIVER.—The rights and remedies in 
this Act may not be waived by any agreement, pol-
icy, form, or condition of work. 
(b) FAIR LABOR STANDARDS ACT.— 
(1) IN GENERAL.—This Act shall not be con-
strued as exempting a covered digital labor platform 
provider from applicable requirements under the 
Fair Labor Standards Act of 1938 (29 U.S.C. 201 
et seq.) or regulations issued pursuant to such Act. 
(2) RECORDKEEPING.—This Act shall not be 
construed to alter, limit, or affect the power to in-
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB
vestigate and gather data regarding the wages, 
hours, and other conditions and employment prac-
tices under the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.), to excuse noncompliance 
with any recordkeeping requirements under such 
Act, or to limit authorized collaboration with State 
or local agencies or the power to issue homework 
regulations as established under such Act. 
SEC. 14. FLEXIBILITY. 
This Act shall not be construed to require, or to pro-
vide justification for, a covered digital labor platform pro-
vider altering or amending any policy, procedure, or sys-
tem in a manner that has the effect of decreasing, lim-
iting, or impeding the scheduling flexibility or access to 
work of an app-based worker. 
SEC. 15. SEVERABILITY. 
If any provision of this Act, or the application of such 
provision to any person or circumstance is held to be un-
constitutional, the remainder of the provisions of this Act 
and the application of such provisions to any other person 
or circumstance shall not be affected. 
Æ 
VerDate Sep 11 2014 
04:06 Jan 10, 2026
Jkt 069200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6301
E:\BILLS\H6646.IH
H6646
kjohnson on DSK7ZCZBW3PROD with $$_JOB