Transparency Advisory Board established under 
subparagraph (A) shall be exempt from chapter 
10 of title 5, United States Code (commonly 
known as the ‘Federal Advisory Committee 
Act’). 
‘‘(G) DEFINITIONS
OF
COVERED
EM-
PLOYEE
AND
COVERED
EMPLOYER.—In this 
paragraph, the terms ‘covered employee’ and 
‘covered employer’ have the meanings given 
such terms in section 102(a) of the Warehouse 
Worker Protection Act. 
‘‘(3) USE OF VOLUNTARY SERVICES.—The Di-
rector may, as may from time to time be needed, use 
any voluntary or uncompensated services. 
‘‘(4) ATTORNEYS.—Attorneys appointed under 
this subsection or the Solicitor of Labor may appear 
for and represent the Director in any litigation. 
‘‘(d) RULEMAKING.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director and the Administrator of the 
Wage and Hour Office, may issue orders and guid-
ance or promulgate regulations as may be necessary 
or appropriate to enable the Secretary to carry out 
the purposes and objectives of the Warehouse Work-
er Protection Act, and to prevent evasions thereof. 
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‘‘(2) CONSULTATION.—In issuing orders and 
guidance or promulgating regulations under this 
subsection, the Secretary, acting through the Direc-
tor and the Administrator of the Wage and Hour 
Office, may consult with the Occupational Safety 
and Health Administration and Federal agencies 
that have jurisdiction over labor and employment 
issues, including the Equal Employment Oppor-
tunity Commission, the National Labor Relations 
Board, the National Mediation Board, and the Merit 
Systems Protection Board.’’. 
SEC. 102. DEFINITIONS. 
(a) DEFINITIONS.—In this section: 
(1) ADVERSE EMPLOYMENT ACTION.—The term 
‘‘adverse employment action’’, with respect to a cov-
ered employee, means a change by the covered em-
ployer of the covered employee in the compensation, 
terms, conditions, or privileges of the job of the cov-
ered employee that, from the perspective of a rea-
sonable person, puts the covered employee in a ma-
terially adverse position than prior to the change, in-
cluding termination, a reduction in benefits, discipli-
nary action, demotion, promotion, transfer, imposi-
tion of a work schedule more burdensome to the cov-
ered employee, reduction of scheduled hours, adjust-
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ment in ability for promotion, or other modifications 
to compensation, terms, conditions, or privileges of 
employment. 
(2) AGGREGATED
WORK
SPEED
DATA.—The 
term ‘‘aggregated work speed data’’ means employee 
work speed data that a covered employer has com-
bined, or collected together, in a summary or other 
form so that the employee work speed data cannot, 
at any point, be identified or linked with any specific 
covered employee. 
(3) 
COMMERCE.—The 
terms 
‘‘commerce’’, 
‘‘goods’’, ‘‘enterprise’’, ‘‘enterprise engaged in com-
merce or in the production of goods for commerce’’ 
have the meanings given such terms in section 3 of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
203). 
(4) COVERED
FACILITY.—The term ‘‘covered 
facility’’ means any warehouse distribution center 
described in the North American Industry Classifica-
tion System code— 
(A) 493, for warehousing and storage; 
(B) 423, for merchant wholesalers, durable 
goods; 
(C) 424, for merchant wholesalers, non-
durable goods; 
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(D) 454110, for electronic shopping and 
mail-order houses; or 
(E) 492110, for couriers and express deliv-
ery services. 
(5) COVERED EMPLOYEE.—The term ‘‘covered 
employee’’ means an employee who— 
(A) is employed by an employer for the 
performance of work at a covered facility; and 
(B) is subject to a quota while performing 
work at such covered facility. 
(6) COVERED EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘covered em-
ployer’’ means an employer that— 
(i) is engaged in commerce, in the 
production of goods for commerce, or in an 
enterprise engaged in commerce or in the 
production of goods for commerce, includ-
ing such an employer that is a contractor, 
subcontractor, temporary service firm, 
staffing agency, independent contractor, 
employee leasing entity, or similar entity; 
(ii) employs a covered employee for 
the performance of work at a covered facil-
ity; and 
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(iii) employs more than a total of 200 
employees (including on a full- or part-time 
basis) for the performance of work at all 
covered facilities owned or operated by the 
employer. 
(B) RULE OF CONSTRUCTION.—For pur-
poses of determining the number of employees 
under subparagraph (A)(iii), the total number 
of employees employed for the performance of 
work as described in such subparagraph shall 
include all employees of any affiliate of the em-
ployer (as determined in accordance with sec-
tion 121.103 of title 13, Code of Federal Regu-
lations, as in effect on the date of enactment of 
this Act). 
(7) DEFINED
TIME
PERIOD.—The term ‘‘de-
fined time period’’ means any unit of time measure-
ment equal to or less than one day, including hours, 
minutes, and seconds and any fraction thereof. 
(8) DESIGNATED
EMPLOYEE
REPRESENTA-
TIVE.—The term ‘‘designated employee representa-
tive’’ means any representative designated by a cov-
ered employee, including an employee representative 
that has a collective bargaining relationship with the 
covered employer of the covered employee. 
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(9) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Fairness and Transparency Of-
fice established by section 5 of the Fair Labor 
Standards Act of 1938. 
(10) 
EGREGIOUS
MISCONDUCT.—The 
term 
‘‘egregious misconduct’’, with respect to a covered 
employee, means deliberate or grossly negligent con-
duct that endangers the safety or well-being of the 
covered employee, co-workers of the covered em-
ployer, customers, or other persons, including dis-
crimination against or harassment of co-workers, 
customers, or other persons. 
(11) EMPLOY; EMPLOYEE; EMPLOYER.—The 
terms ‘‘employ’’; ‘‘employee’’; and ‘‘employer’’ have 
the meanings given such terms in section 3 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 203). 
(12) EMPLOYEE
WORK
SPEED
DATA.—The 
term ‘‘employee work speed data’’ means informa-
tion a covered employer collects, stores, analyzes, or 
interprets relating to the performance of work by a 
covered employee of the covered employer for a 
quota, including information with respect to the— 
(A) quantities of tasks performed by the 
covered employee; 
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(B) quantities of items or materials han-
dled or produced by the covered employee; 
(C) rates or speeds of tasks performed by 
the covered employee; 
(D) measurements or metrics of covered 
employee performance in relation to a quota; or 
(E) time categorized with respect to the 
covered employee as performing tasks or not 
performing tasks. 
(13) QUOTA.—The term ‘‘quota’’ means an ex-
press or implied performance standard or perform-
ance target, including such a standard or target 
used to rank or compare an employee in relation to 
the performance of another employee or in relation 
to the past performance of the employee, under 
which— 
(A)(i) an employee is actually or effectively 
assigned, required, or expected within a defined 
time period (with or without any reasonable ac-
commodation provided under Federal, State, or 
local law) to— 
(I) perform— 
(aa) a quantified number of 
tasks; or 
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(bb) at a specified productivity 
speed; or 
(II) handle or produce a quantified 
amount of material without a certain num-
ber of errors or defects; and 
(ii) such assignment, requirement, or ex-
pectation is measured at the individual or group 
level for such defined time period; 
(B) actions by an employee are categorized 
and measured between time performing tasks 
and not performing tasks within a defined time 
period; or 
(C) increments of time of a defined time 
period during which an employee is or is not 
doing a particular activity are measured, re-
corded, or tallied. 
(14) 
SIMILARLY
SITUATED
COVERED
EM-
PLOYEE.—The term ‘‘similarly situated covered em-
ployee’’, with respect to a covered employee, means 
another covered employee who holds the same job or 
responsibilities as the covered employee. 
(15) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body 
of an Indian Tribe. 
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(16) WORKPLACE
SURVEILLANCE.—The term 
‘‘workplace surveillance’’ means any employer sur-
veillance (on- or off-duty) with respect to an em-
ployee, including the detection, monitoring, intercep-
tion, collection, exploitation, preservation, protection, 
transmission, or retention of data concerning activi-
ties or communications with respect to the employee, 
including through the use of a product or service 
marketed, or that can be used, for such purposes, 
such as a computer, telephone, wire, radio, camera, 
sensor, electromagnetic, photoelectronic, handheld or 
wearable device, or photo-optical system. 
(17) WORK
STATION.—The term ‘‘work sta-
tion’’ means the area of a covered facility within 
which a covered employee is assigned to perform 
tasks for the longest duration of time during a day. 
(b) COMMUNICATION WITH COVERED EMPLOYEES 
REGARDING QUOTAS AND WORKPLACE SURVEILLANCE.— 
(1) IN GENERAL.—On the later of the date a 
covered employee is hired by a covered employer or 
180 days after the date of enactment of this section, 
each covered employer shall provide to each covered 
employee of the covered employer— 
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(A) a written description of each quota to 
which the covered employee is subject, includ-
ing— 
(i) as applicable, the quantified num-
ber of tasks to be performed or of mate-
rials to be produced or handled, or other 
performance measure, within the defined 
time period, for the quota; 
(ii) any potential discipline or adverse 
employment action that could result from 
failure to meet the quota; 
(iii) how performance targets or per-
formance standards for the quota are cal-
culated; 
(iv) whether there is any incentive or 
bonus program associated with meeting or 
exceeding the quota and, if applicable, how 
the incentive or bonus program operates; 
and 
(v) how the quota is monitored, in-
cluding a description of— 
(I) what employee work speed 
data are being collected; 
(II) how the employee work speed 
data are being collected, including a 
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description of any workplace surveil-
lance technology used on the covered 
employee by the covered employer; 
(III) where and when the em-
ployee work speed data are being col-
lected; 
(IV) the frequency of the collec-
tion; 
(V) where the storage of the em-
ployee work speed data is located; 
(VI) the business purposes for 
which the employee work speed data 
are being used; and 
(VII) as applicable, the identity 
of any third party— 
(aa) used for such workplace 
surveillance; 
(bb) to which data from 
such workplace surveillance is 
transferred; and 
(cc) from which data of the 
covered individual is or may be 
purchased or acquired; and 
(B) a written description of and training 
with respect to how the covered employee may 
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file a complaint regarding a violation of this 
section or a standard promulgated under title 
III of this Act. 
(2) CHANGES TO QUOTA OR WORKPLACE SUR-
VEILLANCE.—Each covered employer shall provide 
to any applicable covered employee an updated writ-
ten description of any information provided under 
paragraph (1) not less than 2 business days before 
any changes with respect to such information are 
made. 
(3) REQUIREMENTS FOR TAKING AN ADVERSE 
EMPLOYMENT ACTION ON QUOTA COMPLIANCE.— 
(A) IN
GENERAL.—A covered employer 
that takes an adverse employment action 
against a covered employee for work perform-
ance that does not meet requirements with re-
spect to a quota shall provide— 
(i) a written explanation to the cov-
ered employee regarding the manner in 
which the covered employee failed to per-
form, including a description of the appli-
cable quota and a comparison of such work 
performance to such quota; and 
(ii) if the adverse employment action 
was based on employee work speed data, a 
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(5) DESCRIPTIONS.—Each covered employer 
shall— 
(A) provide any written description, notice, 
explanation, or confirmation described in para-
graph (1), (2), (3), or (4) to a covered em-
ployee— 
(i) through a human representative of 
the covered employer at the work station of 
the covered employee; and 
(ii) in a manner required by the Di-
rector that— 
(I) is accessible; 
(II) allows the covered employee 
to transport the data in the descrip-
tion, notice, explanation, or confirma-
tion without hindrance; 
(III) is in plain language; and 
(IV) is in the primary language 
of the covered employee; and 
(B) make such description, notice, expla-
nation, or confirmation available to the covered 
employee electronically. 
(c) PROTECTION FROM QUOTAS.— 
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(1) PROHIBITED QUOTAS.—A covered employer 
may not require any quota for a covered employee 
that would— 
(A) prevent— 
(i) compliance with any required meal 
or rest period or any other break required 
by Federal, State, or local law; 
(ii) compliance with health and safety 
provisions required by Federal, State, or 
local law; 
(iii) the use by the covered employee 
of bathroom facilities, including reasonable 
travel time to and from bathroom facilities 
that takes into account the architecture of 
the covered facility; or 
(iv) compliance with a covered em-
ployee’s right to reasonable accommoda-
tions or nondiscrimination as required by 
Federal, State, or local law; 
(B) set a performance target or perform-
ance standard that measures total output for 
the covered employee over an increment of time 
that is shorter than one day; 
(C) measure and evaluate the output or 
performance of a covered employee during any 
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paid or unpaid break to which the covered em-
ployee is entitled under applicable law, contract, 
or industry standard, including breaks to use 
bathroom facilities and reasonable travel time 
to and from bathroom facilities; 
(D) prevent or discourage the covered em-
ployee from exercising any right under the Na-
tional Labor Relations Act (29 U.S.C. 151 et 
seq.) or any other Federal law; 
(E) prevent or discourage the covered em-
ployee from exercising any right guaranteed in 
an applicable collective bargaining agreement; 
or 
(F) violate the generally accepted prin-
ciples of work measurement as set forth in the 
Code of Work Measurement Ethics of the 
American Institute of Industrial Engineers and 
recognized by the Secretary. 
(2) ADVERSE
EMPLOYMENT
ACTION.—A cov-
ered employer may not take adverse employment ac-
tion against a covered employee for failure to meet 
a quota that— 
(A) violates paragraph (1); 
(B) was not described to the covered em-
ployee in accordance with subsection (b); 
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(C) is based solely on ranking the perform-
ance of the covered employee in relation to the 
performance of another covered employee or in 
relation to the past performance of that covered 
employee; or 
(D) is based on continuously measuring, 
recording, or tallying increments of time within 
a defined time period during which a covered 
employee is or is not doing a particular activity. 
(d) MINIMIZATION.— 
(1) COLLECTION.—In establishing, maintaining, 
or using employee work speed data with respect to 
a quota for a covered employee, a covered employer 
may not collect, use, maintain, or transfer data on 
or of the covered employee except as strictly nec-
essary to monitor the compliance of the covered em-
ployee with the quota. 
(2) EMPLOYEE ACCESS.—In establishing, main-
taining, or using employee work speed data with re-
spect to a quota for a covered employee, a covered 
employer may not disclose any information collected 
on a covered employee with respect to the quota to 
any other covered employee of the covered employer 
except as strictly necessary to fulfill a specific and 
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reasonable business rationale of the covered em-
ployer. 
(e) RECORDKEEPING.— 
(1) IN
GENERAL.—Each covered employer 
shall— 
(A) maintain contemporaneous records, 
with respect to each covered employee of the 
covered employer, of— 
(i) the employee work speed data of 
each such covered employee; 
(ii) the aggregated work speed data 
for similarly situated covered employees at 
the same place where each such covered 
employee performs work for the covered 
employer; and 
(iii) the written descriptions of the 
quota of each such covered employee pro-
vided under subsection (b)(1); 
(B) maintain such records for the duration 
of the employment of each relevant covered em-
ployee; and 
(C) make such records available to the 
Secretary upon request. 
(2) SUPPLEMENTATION
AND
DISPUTE
OF 
RECORDS.— 
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(A) SUPPLEMENTATION
OF
RECORDS.— 
Each covered employer shall enable a covered 
employee, upon request of the covered employee 
at or after the time of any employee work speed 
data collection with respect to the covered em-
ployee, to supplement the employee work speed 
data by recording any reason the covered em-
ployee provides for any defined time period dur-
ing which the covered employee was not per-
forming work-related tasks, including because 
the covered employee was taking a paid or un-
paid break, using a bathroom facility (including 
reasonable travel to and from the facility), re-
porting an injury or receiving attention due to 
an injury, exercising a right guaranteed under 
the National Labor Relations Act (29 U.S.C. 
151 et seq.) or another Federal law, or exer-
cising a right guaranteed under an applicable 
covered bargaining agreement. 
(B) DISPUTE PROCESS.— 
(i) IN GENERAL.—Each covered em-
ployer shall enable a covered employee, 
upon request of the covered employee at or 
after the time of any data collection with 
respect to the covered employee, to review 
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and request correction of the employee 
work speed data in accordance with clause 
(ii). 
(ii) CORRECTION OF EMPLOYEE WORK 
SPEED DATA.—A covered employer that re-
ceives a request by a covered employee 
under clause (i) shall— 
(I) investigate and determine 
whether the employee work speed data 
is inaccurate; and 
(II) if determined to be inac-
curate— 
(aa) promptly correct the in-
accurate data and notify the cov-
ered employee of the covered em-
ployer’s determination and cor-
rection; and 
(bb) review and adjust, as 
appropriate, any adverse employ-
ment action that was, partially or 
solely, based on the inaccurate 
data and notify the covered em-
ployee of the adjustment. 
(3) RETENTION OF RECORDS.— 
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(A) IN GENERAL.—After the termination 
of employment of a covered employee of a cov-
ered employer, the covered employer shall— 
(i) for not less than 3 years after the 
date of such termination, retain the 
records described in paragraph (1) with re-
spect to the 6-month period prior to such 
date; and 
(ii) make such records available to the 
Secretary upon request. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall require a covered employer to keep 
records described in paragraph (1) with respect to 
employee work speed data if such covered employer 
does not otherwise monitor employee work speed 
data. 
(f) RIGHT TO REQUEST.— 
(1) IN
GENERAL.—A covered employer shall, 
upon receiving a request under paragraph (2) or (3), 
provide the relevant copies described in such para-
graphs to, as the case may be, the covered employee, 
designated employee representative, or individual 
who was a covered employee— 
(A) except as provided in subparagraph 
(B)(ii), at no cost to the covered employee, des-
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ignated employee representative, or individual 
who was a covered employee; 
(B) with respect to— 
(i) a covered employee, by a human 
representative of the covered employer; or 
(ii) a designated employee representa-
tive or an individual who was a covered 
employee, by a human representative of 
the covered employer or through the mail 
(at the cost of the designated employee 
representative or individual, respectively); 
and 
(C) as soon as practicable but not later 
than— 
(i) 7 business days after receipt of a 
request for such copies with respect to em-
ployee work speed data or aggregate work 
speed data; or 
(ii) 2 business days after receipt of a 
request for any other copy. 
(2) REQUESTS DURING EMPLOYMENT.—A cov-
ered employee, or a designated employee representa-
tive of such covered employee at the request of the 
covered employee, may request from the covered em-
ployer of the covered employee a copy of the written 
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description described under subsection (b), a copy of 
the employee work speed data (in a human-readable 
format that a reasonable individual can understand) 
of the covered employee for the preceding 6-month 
period, and a copy of the aggregated work speed 
data (in a human-readable format that a reasonable 
individual can understand) for similarly situated cov-
ered employees at the same place where the covered 
employee performs work for the covered employer 
for the preceding 6-month period. 
(3) REQUESTS
AFTER
EMPLOYMENT
TERMI-
NATION.—An individual who was a covered employee 
with respect to a covered employer, or a designated 
employee representative with respect to such an indi-
vidual, may, not later than 3 years after the date of 
termination of employment of the covered employee 
with the covered employer, request from the covered 
employer a copy of— 
(A) the written description described under 
subsection (b) effective on the date of termi-
nation of the covered employee; 
(B) the employee work speed data (in a 
human-readable format that a reasonable indi-
vidual can understand) of the covered employee 
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for the 6-month period prior to such date of 
termination; and 
(C) the aggregated work speed data (in a 
human-readable format that a reasonable indi-
vidual can understand) for similarly situated 
covered employees at the same place where the 
covered employee performs work for the covered 
employer for such 6-month period. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall require a covered employer to— 
(A) monitor employee work speed data; or 
(B) provide information related to em-
ployee work speed data if the covered employer 
does not otherwise monitor such employee work 
speed data. 
(g) POSTING OF NOTICES.— 
(1) IN GENERAL.—Each covered employer shall 
post, in a conspicuous and accessible location, a no-
tice in the covered facility of the covered employer 
regarding the rights of covered employees under this 
section, including what constitutes a permissible 
quota, the right to request quota descriptions and 
employee speed data information, and the right to 
make a complaint to Federal authorities regarding a 
violation of any right under this section. 
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(2) REQUIREMENTS FOR NOTICES.—Each no-
tice described in paragraph (1) shall be in a manner 
required by the Director that— 
(A) is in plain language; and 
(B) is in English, Spanish, and any other 
language that constitutes the primary language 
of any covered employee at the covered facility. 
(h) BREAKS FOR COVERED EMPLOYEES.— 
(1) IN
GENERAL.—Each covered employer 
shall— 
(A) with respect to each covered employee 
of such covered employer— 
(i) provide, for every 4 hours of work 
by such a covered employee, to the covered 
employee not less than one 15-minute rest 
break paid at the regular rate at which the 
covered employee is employed; and 
(ii) provide, at the time the covered 
employer hires such a covered employee, 
notice to the covered employee, in plain 
language and the primary language of the 
covered employee, that— 
(I) the covered employee is enti-
tled to the paid rest breaks described 
in clause (i); 
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(II) retaliation by the covered 
employer against the covered employee 
for requesting or taking such paid 
rest breaks is prohibited; and 
(III) the covered employee, or a 
designated employee representative of 
the covered employee, has a right to 
file a complaint with the Secretary for 
any violation by the covered employer 
of this subsection; and 
(B) display, in a conspicuous and acces-
sible location, a sign at each covered facility of 
the covered employer that includes, in English, 
Spanish, and any other language that con-
stitutes the primary language of any covered 
employee at the covered facility, the information 
in the notice described in subparagraph (A)(ii). 
(2) NOTICE.—Not later than 180 days after the 
date of enactment of this section, the Secretary of 
Labor shall issue regulations with respect to the de-
sign and content of the sign described in paragraph 
(1)(B), including a sample design. 
(3) INTERACTION WITH OTHER LAWS.—Noth-
ing in this subsection shall be construed to super-
sede or preempt any Federal, State, or local law or 
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collective bargaining agreement requiring longer 
paid rest breaks than those required under para-
graph (1)(A)(i). 
(i) UNLAWFUL RETALIATION.— 
(1) IN GENERAL.—A person, including a cov-
ered employer, an agent of a covered employer, or 
person acting as or on behalf of a covered employer 
conducting hiring or any related activity, or an offi-
cer or agent of any entity, business, corporation, 
partnership, or limited liability company, may not— 
(A) discharge or in any way retaliate, dis-
criminate, or take any adverse employment ac-
tion against any individual for exercising any 
right conferred under this section, or for being 
perceived as exercising such a right, including 
for— 
(i) requesting copies under subsection 
(f); 
(ii) filing a complaint under subpara-
graph (A) of section 16(f) of the Fair 
Labor Standards Act of 1938 regarding a 
violation of this section or designating a 
representative in accordance with subpara-
graph (B) of such section to file such a 
complaint; or 
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(iii) commencing a proceeding under 
section 16(b) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 216(b)) for a vio-
lation of this section; or 
(B) otherwise prevent an individual for ex-
ercising such a right or take any action against 
an individual that might deter a reasonable em-
ployee from asserting a right conferred under 
this section. 
(2) PROTECTIONS FOR GOOD FAITH ALLEGA-
TIONS.—The protections under paragraph (1) shall 
apply to any individual who mistakenly, but in good 
faith, alleges a violation of a requirement of this sec-
tion. 
(3) EXPLICIT REFERENCE NOT REQUIRED.—A 
complaint or other communication by an individual, 
including a covered employee, may be the exercise of 
a right for purposes of paragraph (1) regardless of 
whether the complaint or communication is in writ-
ing or makes explicit reference to this Act. 
(4) REBUTTABLE PRESUMPTION.—If a person 
takes adverse action against a covered employee 
within 90 days of the covered employee engaging, or 
attempting to engage in, activities protected by para-
graph (1), such conduct shall establish a rebuttable 
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presumption that the adverse action is an adverse 
action in violation of such paragraph. Such pre-
sumption may be rebutted by clear and convincing 
evidence that— 
(A) the action was taken for other permis-
sible reasons; and 
(B) the engaging or attempting to engage 
in activities protected by paragraph (1) was not 
a motivating factor in the adverse action. 
(j) QUOTA TASK FORCE.—Not later than 90 days 
after the date of the enactment of this section, the Direc-
tor shall convene a task force with labor organizations, 
worker advocacy organizations, and covered employees to 
develop strategies for labor organizations and worker ad-
vocacy organizations to— 
(1) assist in the enforcement of this section; 
(2) train covered employees with respect to new 
rights provided through this section; and 
(3) provide the Director with recommendations 
on the implementation of regulations related to this 
section. 
SEC. 103. ENFORCEMENT BY THE SECRETARY OF LABOR. 
The Fair Labor Standards Act of 1938 is amended— 
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(1) in section 9 (29 U.S.C. 209), by striking 
‘‘or investigation’’ and inserting ‘‘, investigation, or 
inspection’’; 
(2) in section 11 (29 U.S.C. 211), by adding at 
the end the following: 
‘‘(e)(1) The Secretary, acting through the Director 
of the Fairness and Transparency Division, shall, as pro-
vided in subsection (a) and paragraph (2), investigate vio-
lations of section 102 of the Warehouse Worker Protection 
Act, including any violations of any regulation or order 
issued with respect to that section. 
‘‘(2) In addition to powers otherwise provided to the 
Secretary under subsection (a), the Secretary, in inves-
tigating violations of section 102 of the Warehouse Work-
er Protection Act, may upon presenting appropriate cre-
dentials to the owner, operator, or agent in charge— 
‘‘(A) enter without delay and at reasonable 
times any covered facility of a covered employer; and 
‘‘(B) inspect and investigate during regular 
working hours and at other reasonable times, and 
within reasonable limits and in a reasonable manner, 
any such covered facility and all pertinent condi-
tions, structures, machines, apparatus, devices, 
equipment, and materials therein, and to question 
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privately any such covered employer, owner, oper-
ator, agent, or covered employee. 
‘‘(3)(A) In conducting an inspection during an inves-
tigation into a violation of section 102 of the Warehouse 
Worker Protection Act, the Secretary shall permit, at the 
request of a covered employee, a representative of a labor 
organization or a worker advocacy organization, or an-
other designee of the covered employee, to accompany any 
inspectors during such inspection. 
‘‘(B) A covered employee may, regardless of the rela-
tionship between the covered employee and the labor orga-
nization, worker advocacy organization, or other designee, 
anonymously request to the Secretary that the Secretary 
permit a representative of such labor organization, worker 
advocacy organization, or other designee accompany in-
spectors during an inspection in accordance with para-
graph (1). 
‘‘(f)(1) Not later than 30 days after an event de-
scribed in paragraph (2), the Secretary shall open an in-
vestigation under this section (that includes an on-site in-
spection) into any covered employer to determine if such 
covered employer is violating section 102 of the Warehouse 
Worker Protection Act. 
‘‘(2) An event described in this paragraph is, with 
respect to a covered employer, either of the following: 
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‘‘(A) The Secretary determines that the covered 
employer— 
‘‘(i) has an annual total of employee work 
hours that is not less than 40,000 hours; and 
‘‘(ii) has an annual employee injury rate, 
overall or at a worksite, that is not less than 
1.5 times the warehousing industry’s average 
annual injury rate, as determined by the Bu-
reau of Labor Statistics in the most recent (as 
of such determination) publication regarding 
fatal and nonfatal occupational injuries and ill-
nesses data. 
‘‘(B) The Secretary receives, during any one- 
year period, not less than— 
‘‘(i) 5 credible complaints from covered 
employees of the covered employer, individuals 
who were covered employees of the covered em-
ployer, or designated representatives of such 
covered employees or individuals, about viola-
tions under section 102 of the Warehouse 
Worker Protection Act at a worksite; or 
‘‘(ii) 10 credible complaints from covered 
employees of the covered employer, individuals 
who were covered employees of the covered em-
ployer, or designated representatives of such 
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covered employees or individuals, about such 
violations at multiple worksites operated by the 
covered employer. 
‘‘(3) In conducting an investigation under paragraph 
(1), the Secretary shall select representatives of a labor 
organization or a worker advocacy organization who have 
specific knowledge of the relevant industry to conduct out-
reach to workers with respect to such investigation and 
aid and accompany investigators in such investigation. 
‘‘(g) For purposes of subsections (e) and (f), the 
terms ‘covered employee’, ‘covered employer’, and ‘covered 
facility’ have the meanings given such terms in section 
102(a) of the Warehouse Worker Protection Act.’’. 
(3) in section 15(a) (29 U.S.C. 215(a))— 
(A) in paragraph (5), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) in paragraph (6), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) to violate any of the provisions of section 
102 of the Warehouse Worker Protection Act.’’; and 
(4) in section 16 (29 U.S.C. 216)— 
(A) in subsection (b)— 
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(i) by inserting ‘‘or section 102 of the 
Warehouse Worker Protection Act’’ after 
‘‘18D’’ each place it appears; 
(ii) in the second sentence— 
(I) by striking ‘‘of this Act shall’’ 
and inserting ‘‘shall’’; and 
(II) by inserting ‘‘and, in the 
case of a violation of section 102 of 
the Warehouse Worker Protection 
Act, of an amount for the direct or 
foreseeable pecuniary harms resulting 
from the violation and an amount 
equal to $10,000 per violation of sub-
section (b), (d), (e), (f), or (g) of such 
section or an amount equal to 
$25,000 per violation of subsection 
(c), (h), or (i) of such section’’ before 
the period at the end of the sentence; 
and 
(iii) in the fifth sentence, by striking 
‘‘No’’ and inserting ‘‘Except with respect 
to an action brought regarding a violation 
of section 102 of the Warehouse Worker 
Protection Act, no’’; 
(B) in subsection (e)— 
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(i) by redesignating paragraphs (3), 
(4), and (5) as paragraphs (4), (5), and 
(6), respectively; 
(ii) by inserting after paragraph (2), 
the following: 
‘‘(3) Any person who violates section 102 of the 
Warehouse Worker Protection Act shall be subject 
to a civil penalty— 
‘‘(A) in an amount not more than $76,987 
per violation; or 
‘‘(B) for repeat or willful violations, in an 
amount not more than $769,870 per viola-
tion.’’; and 
(iii) in paragraph (4)(C), as so redes-
ignated, by striking ‘‘section 15(a)(4)’’ and 
inserting ‘‘paragraph (4) or (7) of section 
15(a)’’; and 
(C) by adding at the end the following: 
‘‘(f) ADMINISTRATIVE
COMPLAINTS
REGARDING 
WAREHOUSE WORKER PROTECTIONS.— 
‘‘(1) IN GENERAL.—A covered employee or an 
individual who was a covered employee may— 
‘‘(A) file a complaint of a violation of sec-
tion 102 of the Warehouse Worker Protection 
Act with the Secretary; and 
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‘‘(B) designate a representative of a labor 
organization or worker advocacy organization, 
regardless of the relationship between the cov-
ered employee or individual and the labor orga-
nization or worker advocacy organization, to— 
‘‘(i) file the complaint on behalf of the 
covered employee or individual; or 
‘‘(ii) represent the covered employee 
or individual for purposes of engagement 
with the Secretary regarding such com-
plaint, including being present at employee 
interviews and participating in workplace 
inspections, conferences, and settlement 
negotiations. 
‘‘(2) DEFINITION
OF
COVERED
EMPLOYEE.— 
For purposes of paragraph (1), the term ‘covered 
employee’ has the meaning given such term in sec-
tion 102(a) of the Warehouse Worker Protection 
Act. 
‘‘(g) EXEMPTION FROM THE FEDERAL ARBITRATION 
ACT REGARDING WAREHOUSE WORKER PROTECTIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding chapter 1 
of title 9, United States Code (commonly known as 
the ‘Federal Arbitration Act’), no predispute arbitra-
tion agreement or predispute joint-action waiver (as 
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those terms are defined in section 401 of title 9, 
United States Code) shall be valid or enforceable 
with respect to claims arising under this Act for vio-
lations of section 102 of the Warehouse Worker Pro-
tection Act. 
‘‘(2) ARBITRATION PURSUANT TO A COLLEC-
TIVE
BARGAINING
AGREEMENT.—Nothing in this 
subsection shall limit the enforceability of any arbi-
tration provision in a collective bargaining agree-
ment between a covered employer (as defined in sec-
tion 102(a) of the Warehouse Worker Protection 
Act) and a labor organization. 
‘‘(h) EXCEPTION
FROM
CLASS
ACTION
PRE-
REQUISITES
FOR
ACTIONS
REGARDING
WAREHOUSE 
WORKER PROTECTIONS.—An employee who brings an ac-
tion for a violation of section 102 of the Warehouse Work-
er Protection Act on behalf of employees similarly situated 
shall be considered to have satisfied paragraphs (1) 
through (4) of rule 23(a) of the Federal Rules of Civil 
Procedure for purposes of such an action.’’. 
SEC. 104. REFERRAL OF COMPLAINTS. 
(a) MEMORANDUM OF UNDERSTANDING.—The Di-
rector of the Fairness and Transparency Office estab-
lished by section 5 of the Fair Labor Standards Act of 
1938 (as added by section 101) and the Administrator of 
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the Wage and Hour Office of the Department of Labor 
shall jointly enter into a memorandum of understanding 
with the Assistant Secretary of Labor for Occupational 
Safety and Health to encourage efficient enforcement of 
relevant labor laws, including through information shar-
ing, referral of complaints, and cross-training of inspec-
tors and investigators. The memorandum of under-
standing shall encourage coordination of enforcement ac-
tivity in States enforcing relevant labor law under a State 
plan that has been approved by the Secretary under sec-
tion 18 of the Occupational Safety and Health Act of 1970 
(29 U.S.C. 667). 
(b) REFERRAL OF COMPLAINTS AND CROSS-TRAIN-
ING.—The Director of the Fairness and Transparency Of-
fice shall, to the greatest extent possible— 
(1) encourage the referral of relevant com-
plaints from and to the Equal Employment Oppor-
tunity Commission, the National Institute for Occu-
pational Safety and Health, the Environmental Pro-
tection Agency, the National Labor Relations Board, 
and other Federal and State agencies that may con-
duct inspections related to occupational health and 
safety in covered facilities (as defined in section 
102(a) of the Warehouse Worker Protection Act); 
and 
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(2) promote cross-training of inspectors and in-
vestigators in the Equal Employment Opportunity 
Commission, National Institute for Occupational 
Safety and Health, Environmental Protection Agen-
cy, and such other Federal and State agencies for 
inspections related to working conditions in such 
covered facilities. 
SEC. 105. ENFORCEMENT BY THE FTC. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of section 102 shall be treated as a violation 
of a rule defining an unfair or deceptive act or practice 
under section 18(a)(1)(B) of the Federal Trade Commis-
sion Act (15 U.S.C. 57a(a)(1)(B)). 
(b) POWERS OF THE FTC.— 
(1) IN GENERAL.—The Federal Trade Commis-
sion (in this section referred to as the Commission) 
shall enforce section 102 and the regulations pro-
mulgated under this Act in the same manner, by the 
same means, and with the same jurisdiction, powers, 
and duties as though all applicable terms and provi-
sions of the Federal Trade Commission Act (15 
U.S.C. 41 et seq.) were incorporated into and made 
a part of this Act. 
(2) PRIVILEGES AND IMMUNITIES.—Any person 
who violates section 102 shall be subject to the pen-
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alties and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act (15 
U.S.C. 41 et seq.). 
(3) AUTHORITY PRESERVED.—Nothing in this 
Act shall be construed to limit the authority of the 
Commission under any other provision of law. 
(4) RULEMAKING.—The Commission may pro-
mulgate in accordance with section 553 of title 5, 
United States Code, such rules as may be necessary 
to carry out this section. 
TITLE II—NATIONAL LABOR 
RELATIONS ACT 
SEC. 201. AMENDMENTS TO NATIONAL LABOR RELATIONS 
ACT. 
(a) IN GENERAL.—Section 8(a) of the National 
Labor Relations Act (29 U.S.C. 158) is amended— 
(1) in paragraph (5) by striking the period at 
the end and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(6) to impose on an employee a quota that sig-
nificantly discourages or prevents, or is intended to 
significantly discourage or prevent, an employee 
from exercising the rights guaranteed in section 7.’’. 
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(b) PRESUMPTION OF RETALIATION.—Section 8 of 
the such Act (29 U.S.C. 158) is amended by adding at 
the end the following: 
‘‘(h) PRESUMPTION OF RETALIATION RELATED TO 
A QUOTA.—Any action to impose a quota on an employee 
that is taken against the employee within 90 days of an 
employee exercising the rights guaranteed in section 7 
shall establish a rebuttable presumption that the action 
is discrimination against the employee in violation of sub-
section (a)(6).’’. 
(c) DEFINITIONS.—Section 2 such Act (29 U.S.C. 
152) is amended by adding at the end the following: 
‘‘(15) QUOTA.— 
‘‘(A) IN
GENERAL.—The term ‘quota’ 
means a performance standard or performance 
target, including such a standard or target used 
to rank an employee in relation to the perform-
ance of another employee or in relation to the 
past performance of the employee, under 
which— 
‘‘(i)(I) an employee is actually or ef-
fectively assigned, required, or expected 
within a defined time period (with or with-
out any reasonable accommodation pro-
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vided under Federal, State, or local law) 
to— 
‘‘(aa) perform— 
‘‘(AA) a quantified number 
of tasks; or 
‘‘(BB) at a specified produc-
tivity speed; or 
‘‘(bb) handle or produce a quan-
tified amount of material without a 
certain number of errors or defects; 
and 
‘‘(II) such assignment, requirement, 
or expectation is measured at the indi-
vidual or group level for such defined time 
period; 
‘‘(ii) actions by an employee are cat-
egorized and measured between time per-
forming tasks and not performing tasks 
within a defined time period; or 
‘‘(iii) increments of time of a defined 
time period during which an employee is or 
is not doing a particular activity are meas-
ured, recorded, or tallied. 
‘‘(B) DEFINED
TIME
PERIOD.—For pur-
poses of subparagraph (A), the term ‘defined 
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time period’ means any unit of time measure-
ment equal to or less than one day, including 
hours, minutes, and seconds and any fraction 
thereof.’’. 
SEC. 202. NATIONAL LABOR RELATIONS BOARD REPORT. 
The National Labor Relations Board shall— 
(1) examine cases in which a quota (as such 
term is defined in section 2 of the National Labor 
Relations Act (29 U.S.C. 152)) was used as a rea-
son to deny a worker rights under the National 
Labor Relations Act; and 
(2) as often as practicable, submit a report on 
such cases to— 
(A) the Committee on Health, Education, 
Labor, and Pensions of the Senate; and 
(B) the Committee on Education and 
Workforce of the House of Representatives. 
TITLE III—OSHA STANDARDS 
SEC. 301. STANDARD PROTECTING COVERED EMPLOYEES 
FROM OCCUPATIONAL RISK FACTORS CAUS-
ING MUSCULOSKELETAL DISORDERS. 
(a) PROPOSED STANDARD.—Not later than 3 years 
after the date of enactment of this Act, the Secretary 
shall, pursuant to section 6 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655), publish in the Fed-
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eral Register a proposed standard for ergonomic program 
management for covered employers with respect to covered 
employees, including requirements for— 
(1) hazard identification and ergonomic job 
evaluations for covered employees, including require-
ments for covered employee and designated employee 
representative participation in such identification 
with the aim of maximizing such participation; 
(2) hazard control at covered facilities, which 
may rely on the principles of the hierarchy of con-
trols and which may include measures such as equip-
ment and workstation redesign, work pace reduc-
tions, or job rotation to less forceful or repetitive 
jobs; 
(3) training for covered employees regarding 
covered employer activities, occupational risk factors, 
and training on controls and recognition of symp-
toms of musculoskeletal disorders; and 
(4) medical management for covered employees 
that includes— 
(A) encouraging early reporting of mus-
culoskeletal disorder symptoms; 
(B) first aid delivered by those operating 
under State licensing requirements; and 
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(C) systematic evaluation and early refer-
ral for medical attention. 
(b) FINAL STANDARD.—Not later than 4 years after 
the date of enactment this Act, the Secretary shall, pursu-
ant to section 6 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 655), publish in the Federal Reg-
ister a final standard based on the proposed standard 
under subsection (a). 
SEC. 302. STANDARD FOR PROTECTING COVERED EMPLOY-
EES FROM DELAYS IN MEDICAL TREATMENT 
REFERRALS FOLLOWING INJURIES OR ILL-
NESSES. 
(a) PROPOSED STANDARD.—Not later than 1 year 
after the date of enactment of this Act, the Secretary 
shall, pursuant to section 6 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 655), publish in the Fed-
eral Register a proposed standard requiring that— 
(1) all covered employers have a person readily 
available at the covered facility of the covered em-
ployer who is adequately trained to render first aid 
and ensure that such person provides first aid to any 
injured or ill covered employee and, without delay, 
refers any such covered employee who reports an in-
jury or illness that requires further medical treat-
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ment to an appropriate medical professional for such 
treatment; and 
(2) all covered employers provide to the covered 
employees of the covered employer occupational med-
icine consultation services through a physician who 
is board certified in occupational medicine, which 
services shall include— 
(A) regular review of any health and safety 
program, medical management program, or 
ergonomics program of the covered employer; 
(B) review of any work-related injury or 
illness of a covered employee; 
(C) providing onsite health services for 
treatment of such injury or illness; and 
(D) consultation referral to a local health 
care provider for treating such injury or illness. 
(b) FINAL STANDARD.—Not later than 3 years after 
the date of enactment of this Act, the Secretary shall, pur-
suant to section 6 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 655), publish in the Federal Reg-
ister a final standard based on the proposed standard 
under subsection (a). 
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SEC. 303. CORRECTION OF SERIOUS, WILLFUL, OR RE-
PEATED VIOLATIONS PENDING CONTEST AND 
PROCEDURES FOR A STAY. 
(a) IN GENERAL.—Section 10 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 659) is amend-
ed by adding at the end the following: 
‘‘(d) CORRECTION OF SERIOUS, WILLFUL, OR RE-
PEATED VIOLATIONS PENDING CONTEST
AND PROCE-
DURES FOR A STAY.— 
‘‘(1) PERIOD PERMITTED FOR CORRECTION OF 
SERIOUS, WILLFUL, OR
REPEATED
VIOLATIONS.— 
For each violation which the Secretary designates as 
serious, willful, or repeated, the period permitted for 
the correction of the violation shall begin to run 
upon receipt of the citation. 
‘‘(2) FILING OF A MOTION OF CONTEST.—The 
filing of a notice of contest by an employer shall not 
operate as a stay of the period for correction of a 
violation designated as serious, willful, or repeated. 
‘‘(3) CRITERIA AND RULES OF PROCEDURE FOR 
STAYS.— 
‘‘(A) MOTION FOR A STAY.—An employer 
that receives a citation alleging a violation des-
ignated as serious, willful, or repeated and that 
files a notice of contest to the citation asserting 
that the time set for abatement of the alleged 
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violation is unreasonable or challenging the ex-
istence of the alleged violation may file with the 
Commission a motion to stay the period for the 
abatement of the violation. 
‘‘(B) CRITERIA.—In determining whether 
a stay should be issued on the basis of a motion 
filed under subparagraph (A), the Commission 
may grant a stay only if the employer has dem-
onstrated— 
‘‘(i) a substantial likelihood of success 
on the areas contested under subparagraph 
(A); and 
‘‘(ii) that a stay will not adversely af-
fect the health and safety of employees. 
‘‘(C) RULES OF PROCEDURE.—The Com-
mission shall develop rules of procedure for con-
ducting a hearing on a motion filed under sub-
paragraph (A) on an expedited basis. At a min-
imum, such rules shall provide the following: 
‘‘(i) That a hearing before an admin-
istrative law judge shall occur not later 
than 15 days following the filing of the 
motion for a stay (unless extended at the 
request of the employer), and shall provide 
for a decision on the motion not later than 
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15 days following the hearing (unless ex-
tended at the request of the employer). 
‘‘(ii) That a decision of an administra-
tive law judge on a motion for stay is ren-
dered on a timely basis. 
‘‘(iii) That if a party is aggrieved by 
a decision issued by an administrative law 
judge regarding the stay, such party has 
the right to file an objection with the Com-
mission not later than 5 days after receipt 
of the administrative law judge’s decision. 
Within 10 days after receipt of the objec-
tion, a Commissioner, if a quorum is seat-
ed pursuant to section 12(f), shall decide 
whether to grant review of the objection. 
If, within 10 days after receipt of the ob-
jection, no decision is made on whether to 
review the decision of the administrative 
law judge, the Commission declines to re-
view such decision, or no quorum is seated, 
the decision of the administrative law 
judge shall become a final order of the 
Commission. If the Commission grants re-
view of the objection, the Commission shall 
issue a decision regarding the stay not 
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later than 30 days after receipt of the ob-
jection. If the Commission fails to issue 
such decision within 30 days, the decision 
of the administrative law judge shall be-
come a final order of the Commission. 
‘‘(iv) For notification to employees or 
representatives of affected employees of re-
quests for such hearings, and to provide an 
opportunity for affected employees or rep-
resentatives of affected employees to par-
ticipate as parties to such hearings.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) IN
GENERAL.—The Occupational Safety 
and Health Act of 1970 is amended— 
(A) in the first sentence of section 10(b) 
(29 U.S.C. 659(b)), by inserting ‘‘, with the ex-
ception of violations designated as serious, will-
ful, or repeated,’’ after ‘‘(which period shall not 
begin to run’’; and 
(B) in section 17 (29 U.S.C. 666) by strik-
ing subsection (d) and inserting the following: 
‘‘(d) Any employer who fails to correct a violation 
designated by the Secretary as serious, willful, or repeated 
and for which a citation has been issued under section 9(a) 
within the period permitted for its correction (and a stay 
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has not been issued by the Commission under section 
10(d)) may be assessed a civil penalty of not more than 
$7,000 for each day during which such failure or violation 
continues. Any employer who fails to correct any other vio-
lation for which a citation has been issued under section 
9(a) of this title within the period permitted for its correc-
tion (which period shall not begin to run until the date 
of the final order of the Commission in the case of any 
review proceeding under section 10 initiated by the em-
ployer in good faith and not solely for delay of avoidance 
of penalties) may be assessed a civil penalty of not more 
than $7,000 for each day during which such failure or vio-
lation continues.’’. 
(2) ADJUSTMENT UNDER THE FEDERAL CIVIL 
PENALTIES INFLATION ADJUSTMENT ACT OF 1990.— 
(A) CATCH-UP.—Not later than 1 year 
after the date of enactment of this Act, the Sec-
retary of Labor shall adjust the maximum 
amounts described in subsection (d) of section 
17 of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 666), as amended by para-
graph (1)(B), so that each such amount equals 
the maximum amount of the civil penalty under 
such subsection (as in effect on the day before 
such date of enactment) as adjusted by section 
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4 of the Federal Civil Penalties Inflation Ad-
justment Act of 1990 (28 U.S.C. 2461 note). 
(B) SUBSEQUENT
ADJUSTMENTS.—Sub-
paragraph (A) and the amendment made by 
this paragraph (1)(B) shall not be construed to 
affect the application of the Federal Civil Pen-
alties Inflation Adjustment Act of 1990 (28 
U.S.C. 2461 note) to the civil penalty amount 
under section 17(d) of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 666) for 
any adjustment under section 4 of the Federal 
Civil Penalties Inflation Adjustment Act of 
1990 (28 U.S.C. 2461 note) after the catch-up 
adjustment made by the Secretary of Labor 
under subparagraph (A). 
SEC. 304. DEFINITIONS. 
For purposes of sections 301 and 302, the terms 
‘‘covered employee’’, ‘‘covered employer’’, ‘‘covered facil-
ity’’, and ‘‘designated employee representative’’ have the 
meanings given such terms in section 102(a). 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. SEVERABILITY. 
If any provision of this Act (including an amendment 
made by this Act) or the application of such provision to 
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any person, entity, government, or circumstance, is held 
to be unconstitutional, the remainder of this Act (includ-
ing the amendments made by this Act), or the application 
of such provision to all other persons, entities, govern-
ments, or circumstances, shall not be affected thereby. 
SEC. 402. PREEMPTION. 
(a) INTERACTION WITH OTHER LAWS.—Nothing in 
this Act (including the amendments made by this Act) or 
the regulations promulgated under this Act shall be con-
strued to supersede or preempt any law or ordinance of 
a State, or political subdivision of a State, that requires 
limitations on any quota for a covered employee of a cov-
ered employer that are comparable to or greater than the 
protections provided in this Act. 
(b) COLLECTIVE BARGAINING AGREEMENTS.—Noth-
ing in this Act (including the amendments made by this 
Act) or the regulations promulgated under this Act shall 
be construed to supersede or preempt employment terms 
or conditions agreed upon in collective bargaining agree-
ments that are more beneficial to a covered employee. 
(c) OSHA.—No action by the Director under this Act 
(including the amendments made by this Act) shall be con-
strued as an exercise of statutory authority within the 
meaning of section 4(b)(1) of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 653(b)(1)). 
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(d) DEFINITIONS.—For purposes of this section, the 
terms ‘‘Director’’, ‘‘covered employee’’, ‘‘covered em-
ployer’’, ‘‘designated employee representative’’, and 
‘‘quota’’ have the meanings given such terms in section 
102(a). 
SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act such sums as may be necessary for each of the 
fiscal years 2025 through 2035. 
Æ 
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