119-s2613

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2613 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2613

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 July 31, 2025

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

_______________________________________________________________________

 A BILL

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

 The table of contents for this Act is as follows:

Sec. 1. Short title.

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

Sec. 101. Fairness and transparency office.

Sec. 102. Warehouse worker protections.

Sec. 103. Enforcement by the secretary of labor.

Sec. 104. Referral of complaints.

Sec. 105. Enforcement by the FTC.
 TITLE II--NATIONAL LABOR RELATIONS ACT

Sec. 201. Amendments to National Labor Relations Act.

Sec. 202. National Labor Relations Board report.
 TITLE III--OSHA STANDARDS

Sec. 301. Standard protecting covered employees from occupational risk 
 factors causing musculoskeletal disorders.

Sec. 302. Standard for protecting covered employees from delays in 
 medical treatment referrals following 
 injuries or illnesses.

Sec. 303. Correction of serious, willful, or repeated violations 
 pending contest and procedures for a stay.

Sec. 304. Definitions.
 TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Severability.

Sec. 402. Preemption.

Sec. 403. Authorization of appropriations.

 TITLE I--WAREHOUSE WORKER PROTECTIONS

SEC. 101. FAIRNESS AND TRANSPARENCY OFFICE.

 The Fair Labor Standards Act of 1938 is amended by inserting after 

section 4 (29 U.S.C. 204) the following:

``

SEC. 5. ESTABLISHMENT OF FAIRNESS AND TRANSPARENCY OFFICE.

 ``

    (a) In General.--There is established in the Wage and Hour 
Division of the Department of Labor the Fairness and Transparency 
Office.
 ``

    (b) Director of the Fairness and Transparency Office.--The 
President shall appoint a Director of the Fairness and Transparency 
Office to head the Fairness and Transparency Office.
 ``
            (c) Employees and Advisory Boards of the Office.--
 ``

    (1) In general.--The Director--
 ``
        (A) may select, appoint, and employ, without 
 regard to the provisions of sections 3309 through 3318 
 of title 5, United States Code, individuals directly to 
 positions in the competitive service, as defined in 
 

section 2102 of such title, to carry out the duties of 
 the Director under this Act; and
 ``
        (B) may fix the compensation of the individuals 
 described in subparagraph
        (A) without regard to chapter 
 51 and subchapter III of chapter 53 of title 5, United 
 States Code, relating to classification of positions 
 and General Schedule pay rates, except that the rate of 
 pay for such individuals may not exceed the rate 
 payable for level V of the Executive Schedule under 
 

section 5316 of that title.
 ``

    (2) Fairness and transparency advisory board.--
 ``
        (A) In general.--The Director shall establish a 
 Fairness and Transparency Advisory Board to advise and 
 consult on the exercise of the functions of the 
 Director under this Act and under the Warehouse Worker 
 Protection Act.
 ``
        (B) Composition.--The Fairness and Transparency 
 Advisory Board established under subparagraph
        (A) shall 
 be composed of--
 ``
            (i) as the Director determines 
 appropriate, covered employers and covered 
 employees or representatives of covered 
 employers and covered employees; and
 ``
            (ii) at least one of each of the 
 following:
 ``
            (I) Worker protection experts.
 ``
            (II) Civil rights experts.
 ``
            (III) Health and safety experts.
 ``
            (IV) Workplace technology 
 experts.
 ``
            (V) Disability law experts.
 ``
            (VI) Representatives of labor 
 organizations.
 ``
            (VII) Representatives of worker 
 advocacy organizations.
 ``
            (C) Appointments.--The Director shall--
 ``
            (i) appoint members to the advisory board 
 established under subparagraph
        (A) ; and
 ``
            (ii) ensure a partisan balance in the 
 membership of the advisory board.
 ``
            (D) Meetings.--The advisory board established 
 under subparagraph
        (A) shall meet--
 ``
            (i) at the call of the Director; and
 ``
            (ii) not less than 2 times annually.
 ``
        (E) Compensation and travel expenses.--A member 
 of the Fairness and Transparency Advisory Board 
 established under subparagraph
        (A) who is not an 
 officer or employee of the Federal Government shall--
 ``
            (i) be entitled to receive compensation 
 at a rate fixed by the Director while attending 
 meetings of the advisory board, including 
 travel time; and
 ``
            (ii) receive travel expenses, including 
 per diem in lieu of subsistence, in accordance 
 with applicable provisions under subchapter I 
 of chapter 57 of title 5, United States Code.
 ``
        (F) Exemption from the federal advisory committee 
 act.--The Fairness and Transparency Advisory Board 
 established under subparagraph
        (A) shall be exempt from 
 chapter 10 of title 5, United States Code (commonly 
 known as the `Federal Advisory Committee Act').
 ``
        (G) Definitions of covered employee 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 Director may, as may 
 from time to time be needed, use any voluntary or uncompensated 
 services.
 ``

    (4) Attorneys.--Attorneys appointed under this subsection 
 or the Solicitor of Labor may appear for and represent the 
 Director in any litigation.
 ``
            (d) Rulemaking.--
 ``

    (1) In general.--The Secretary, acting through the 
 Director and the Administrator of the Wage and Hour Office, may 
 issue orders and guidance or promulgate regulations as may be 
 necessary or appropriate to enable the Secretary to carry out 
 the purposes and objectives of the Warehouse Worker Protection 
 Act, and to prevent evasions thereof.
 ``

    (2) Consultation.--In issuing orders and guidance or 
 promulgating regulations under this subsection, the Secretary, 
 acting through the Director and the Administrator of the Wage 
 and Hour Office, may consult with the Occupational Safety and 
 Health Administration and Federal agencies that have 
 jurisdiction over labor and employment issues, including the 
 Equal Employment Opportunity Commission, the National Labor 
 Relations Board, the National Mediation Board, and the Merit 
 Systems Protection Board.''.

SEC. 102. WAREHOUSE WORKER PROTECTIONS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Adverse employment action.--The term ``adverse 
 employment action'', with respect to a covered employee, means 
 a change by the covered employer of the covered employee in the 
 compensation, terms, conditions, or privileges of the job of 
 the covered employee that, from the perspective of a reasonable 
 person, puts the covered employee in a materially adverse 
 position than prior to the change, including termination, a 
 reduction in benefits, disciplinary action, demotion, 
 promotion, transfer, imposition of a work schedule more 
 burdensome to the covered employee, reduction of scheduled 
 hours, adjustment in ability for promotion, or other 
 modifications to compensation, terms, conditions, or privileges 
 of employment.

    (2) Aggregated work speed data.--The term ``aggregated work 
 speed data'' means employee work speed data that a covered 
 employer has combined, or collected together, in a summary or 
 other form so that the employee work speed data cannot, at any 
 point, be identified or linked with any specific covered 
 employee.

    (3) Commerce.--The terms ``commerce'', ``goods'', 
 ``enterprise'', ``enterprise engaged in commerce 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 Classification System code--
        (A) 493, for warehousing and storage;
        (B) 423, for merchant wholesalers, durable goods;
            (C) 424, for merchant wholesalers, nondurable 
 goods;
            (D) 454110, for electronic shopping and mail-order 
 houses; or
        (E) 492110, for couriers and express delivery 
 services.

    (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 employer'' 
 means an employer that--
            (i) is engaged in commerce, in the 
 production of goods for commerce, or in an 
 enterprise engaged in commerce or in the 
 production of goods for commerce, including 
 such an employer that is a contractor, 
 subcontractor, temporary service firm, staffing 
 agency, independent contractor, employee 
 leasing entity, or similar entity;
            (ii) employs a covered employee for the 
 performance of work at a covered facility; and
            (iii) employs more than a total of 200 
 employees (including on a full- or part-time 
 basis) for the performance of work at all 
 covered facilities owned or operated by the 
 employer.
        (B) Rule of construction.--For purposes of 
 determining the number of employees under subparagraph
        (A)
            (iii) , the total number of employees employed for 
 the performance of work as described in such 
 subparagraph shall include all employees of any 
 affiliate of the employer (as determined in accordance 
 with 

section 121.103 of title 13, Code of Federal 
 Regulations, as in effect on the date of enactment of 
 this Act).

    (7) Defined time period.--The term ``defined time period'' 
 means any unit of time measurement equal to or less than one 
 day, including hours, minutes, and seconds and any fraction 
 thereof.

    (8) Designated employee representative.--The term 
 ``designated employee representative'' means any representative 
 designated by a covered employee, including an employee 
 representative that has a collective bargaining relationship 
 with the covered employer of the covered employee.

    (9) Director.--The term ``Director'' means the Director of 
 the Fairness and Transparency Office 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 conduct that endangers the 
 safety or well-being of the covered employee, co-workers of the 
 covered employer, customers, or other persons, including 
 discrimination against or harassment of co-workers, customers, 
 or other persons.

    (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 information a covered employer collects, 
 stores, analyzes, or interprets relating to the performance of 
 work by a covered employee of the covered employer for a quota, 
 including information with respect to the--
        (A) quantities of tasks performed by the covered 
 employee;
        (B) quantities of items or materials handled or 
 produced by the covered employee;
            (C) rates or speeds of tasks performed by the 
 covered employee;
            (D) measurements or metrics of covered employee 
 performance in relation to a quota; or
        (E) time categorized with respect to the covered 
 employee as performing tasks or not performing tasks.

    (13) Quota.--The term ``quota'' means an express or implied 
 performance standard or performance target, including such a 
 standard or target used to rank or compare an employee in 
 relation to the performance of another employee or in relation 
 to the past performance of the employee, under which--
        (A)
            (i) an employee is actually or effectively 
 assigned, required, or expected within a defined time 
 period (with or without any reasonable accommodation 
 provided under Federal, State, or local law) to--
            (I) perform--

    (aa) a quantified number of 
 tasks; or

    (bb) at a specified 
 productivity speed; or
            (II) handle or produce a quantified 
 amount of material without a certain 
 number of errors or defects; and
            (ii) such assignment, requirement, or expectation 
 is measured at the individual or group level for such 
 defined time period;
        (B) actions by an employee are categorized and 
 measured between time performing tasks and not 
 performing tasks within a defined time period; or
            (C) increments of time of a defined time period 
 during which an employee is or is not doing a 
 particular activity are measured, recorded, or tallied.

    (14) Similarly situated covered employee.--The term 
 ``similarly situated covered employee'', with respect to a 
 covered employee, means another covered employee who holds the 
 same job or responsibilities as the covered employee.

    (15) Tribal government.--The term ``Tribal government'' 
 means the recognized governing body of an Indian Tribe.

    (16) Workplace surveillance.--The term ``workplace 
 surveillance'' means any employer surveillance (on- or off-
 duty) with respect to an employee, including the detection, 
 monitoring, interception, collection, exploitation, 
 preservation, protection, transmission, or retention of data 
 concerning activities or communications with respect to the 
 employee, including through the use of a product or service 
 marketed, or that can be used, for such purposes, such as a 
 computer, telephone, wire, radio, camera, sensor, 
 electromagnetic, photoelectronic, handheld or wearable device, 
 or photo-optical system.

    (17) Work station.--The term ``work station'' means the 
 area of a covered facility within which a covered employee is 
 assigned to perform tasks for the longest duration of time 
 during a day.

    (b) Communication With Covered Employees Regarding Quotas and 
Workplace Surveillance.--

    (1) In general.--On the later of the date a covered 
 employee is hired by a covered employer or 180 days after the 
 date of enactment of this section, each covered employer shall 
 provide to each covered employee of the covered employer--
        (A) a written description of each quota to which 
 the covered employee is subject, including--
            (i) as applicable, the quantified number of 
 tasks to be performed or of materials to be 
 produced or handled, or other performance 
 measure, within the defined time period, for 
 the quota;
            (ii) any potential discipline or adverse 
 employment action that could result from 
 failure to meet the quota;
            (iii) how performance targets or 
 performance standards for the quota are 
 calculated;
            (iv) whether there is any incentive or 
 bonus program associated with meeting or 
 exceeding the quota and, if applicable, how the 
 incentive or bonus program operates; and
            (v) how the quota is monitored, including a 
 description of--
            (I) what employee work speed data 
 are being collected;
            (II) how the employee work speed 
 data are being collected, including a 
 description of any workplace 
 surveillance technology used on the 
 covered employee by the covered 
 employer;
            (III) where and when the employee 
 work speed data are being collected;
            (IV) the frequency of the 
 collection;
            (V) where the storage of the 
 employee work speed data is located;
            (VI) the business purposes for 
 which the employee work speed data are 
 being used; and
            (VII) as applicable, the identity 
 of any third party--

    (aa) used for such 
 workplace surveillance;

    (bb) to which data from 
 such workplace surveillance is 
 transferred; and
            (cc) from which data of the 
 covered individual is or may be 
 purchased or acquired; and
        (B) a written description of and training with 
 respect to how the covered employee may file a 
 complaint regarding a violation of this section or a 
 standard promulgated under title III of this Act.

    (2) Changes to quota or workplace surveillance.--Each 
 covered employer shall provide to any applicable covered 
 employee an updated written description of any information 
 provided under paragraph

    (1) not less than 2 business days 
 before any changes with respect to such information are made.

    (3) Requirements for taking an adverse employment action on 
 quota compliance.--
        (A) In general.--A covered employer that takes an 
 adverse employment action against a covered employee 
 for work performance that does not meet requirements 
 with respect to a quota shall provide--
            (i) a written explanation to the covered 
 employee regarding the manner in which the 
 covered employee failed to perform, including a 
 description of the applicable quota and a 
 comparison of such work performance to such 
 quota; and
            (ii) if the adverse employment action was 
 based on employee work speed data, a copy of 
 the employee work speed data in a human-
 readable format that a reasonable individual 
 can understand.
        (B) Notice for actions unrelated to quota.--A 
 covered employer that, with respect to any covered 
 employee who is subject to a quota, takes an adverse 
 employment action against such covered employee for any 
 reason that is unrelated to compliance with the quota 
 shall provide to such covered employee a written 
 confirmation that such action was unrelated to 
 compliance with the quota.

    (4) Termination.--
        (A) In general.--A covered employer that seeks to 
 terminate a covered employee shall, regardless of 
 whether the termination relates to work performance 
 with respect to a quota, provide to the covered 
 employee a written notice of the intent to terminate 
 the covered employee.
        (B) Egregious misconduct.--Notwithstanding 
 subparagraph
        (A) , a covered employer may terminate a 
 covered employee without providing such written notice 
 if the covered employee engaged in egregious 
 misconduct.

    (5) Descriptions.--Each covered employer shall--
        (A) provide any written description, notice, 
 explanation, or confirmation described in paragraph

    (1) ,

    (2) ,

    (3) , or

    (4) to a covered employee--
            (i) through a human representative of the 
 covered employer at the work station of the 
 covered employee; and
            (ii) in a manner required by the Director 
 that--
            (I) is accessible;
            (II) allows the covered employee to 
 transport the data in the description, 
 notice, explanation, or confirmation 
 without hindrance;
            (III) is in plain language; and
            (IV) is in the primary language of 
 the covered employee; and
        (B) make such description, notice, explanation, or 
 confirmation available to the covered employee 
 electronically.
            (c) Protection From Quotas.--

    (1) Prohibited quotas.--A covered employer may not require 
 any quota for a covered employee that would--
        (A) prevent--
            (i) compliance with any required meal or 
 rest period or any other break required by 
 Federal, State, or local law;
            (ii) compliance with health and safety 
 provisions required by Federal, State, or local 
 law;
            (iii) the use by the covered employee of 
 bathroom facilities, including reasonable 
 travel time to and from bathroom facilities 
 that takes into account the architecture of the 
 covered facility; or
            (iv) compliance with a covered employee's 
 right to reasonable accommodations or 
 nondiscrimination as required by Federal, 
 State, or local law;
        (B) set a performance target or performance 
 standard that measures total output for the covered 
 employee over an increment of time that is shorter than 
 one day;
            (C) measure and evaluate the output or performance 
 of a covered employee during any paid or unpaid break 
 to which the covered employee is entitled under 
 applicable law, contract, or industry standard, 
 including breaks to use bathroom facilities and 
 reasonable travel time to and from bathroom facilities;
            (D) prevent or discourage the covered employee from 
 exercising any right under the National Labor Relations 
 Act (29 U.S.C. 151 et seq.) or any other Federal law;
        (E) prevent or discourage the covered employee from 
 exercising any right guaranteed in an applicable 
 collective bargaining agreement; or
        (F) violate the generally accepted principles of 
 work measurement as set forth in the Code of Work 
 Measurement Ethics of the American Institute of 
 Industrial Engineers and recognized by the Secretary.

    (2) Adverse employment action.--A covered employer may not 
 take adverse employment action against a covered employee for 
 failure to meet a quota that--
        (A) violates paragraph

    (1) ;
        (B) was not described to the covered employee in 
 accordance with subsection

    (b) ;
            (C) is based solely on ranking the performance of 
 the covered employee in relation to the performance of 
 another covered employee or in relation to the past 
 performance of that covered employee; or
            (D) is based on continuously measuring, recording, 
 or tallying increments of time within a defined time 
 period during which a covered employee is or is not 
 doing a particular activity.
            (d) Minimization.--

    (1) Collection.--In establishing, maintaining, or using 
 employee work speed data with respect to a quota for a covered 
 employee, a covered employer may not collect, use, maintain, or 
 transfer data on or of the covered employee except as strictly 
 necessary to monitor the compliance of the covered employee 
 with the quota.

    (2) Employee access.--In establishing, maintaining, or 
 using employee work speed data with respect to a quota for a 
 covered employee, a covered employer may not disclose any 
 information collected on a covered employee with respect to the 
 quota to any other covered employee of the covered employer 
 except as strictly necessary to fulfill a specific and 
 reasonable business rationale of the covered employer.

    (e) Recordkeeping.--

    (1) In general.--Each covered employer shall--
        (A) maintain contemporaneous records, with respect 
 to each covered employee of the covered employer, of--
            (i) the employee work speed data of each 
 such covered employee;
            (ii) the aggregated work speed data for 
 similarly situated covered employees at the 
 same place where each such covered employee 
 performs work for the covered employer; and
            (iii) the written descriptions of the quota 
 of each such covered employee provided under 
 subsection

    (b)

    (1) ;
        (B) maintain such records for the duration of the 
 employment of each relevant covered employee; and
            (C) make such records available to the Secretary 
 upon request.

    (2) Supplementation and dispute of records.--
        (A) Supplementation of records.--Each covered 
 employer shall enable a covered employee, upon request 
 of the covered employee at or after the time of any 
 employee work speed data collection with respect to the 
 covered employee, to supplement the employee work speed 
 data by recording any reason the covered employee 
 provides for any defined time period during which the 
 covered employee was not performing work-related tasks, 
 including because the covered employee was taking a 
 paid or unpaid break, using a bathroom facility 
 (including reasonable travel to and from the facility), 
 reporting an injury or receiving attention due to an 
 injury, exercising a right guaranteed under the 
 National Labor Relations Act (29 U.S.C. 151 et seq.) or 
 another Federal law, or exercising a right guaranteed 
 under an applicable covered bargaining agreement.
        (B) Dispute process.--
            (i) In general.--Each covered employer 
 shall enable a covered employee, upon request 
 of the covered employee at or after the time of 
 any data collection with respect to the covered 
 employee, to review and request correction of 
 the employee work speed data in accordance with 
 clause
            (ii) .
            (ii) Correction of employee work speed 
 data.--A covered employer that receives a 
 request by a covered employee under clause
            (i) shall--
            (I) investigate and determine 
 whether the employee work speed data is 
 inaccurate; and
            (II) if determined to be 
 inaccurate--

    (aa) promptly correct the 
 inaccurate data and notify the 
 covered employee of the covered 
 employer's determination and 
 correction; and

    (bb) review and adjust, as 
 appropriate, any adverse 
 employment action that was, 
 partially or solely, based on 
 the inaccurate data and notify 
 the covered employee of the 
 adjustment.

    (3) Retention of records.--
        (A) In general.--After the termination of 
 employment of a covered employee of a covered employer, 
 the covered employer shall--
            (i) for not less than 3 years after the 
 date of such termination, retain the records 
 described in paragraph

    (1) with respect to the 
 6-month period prior to such date; and
            (ii) make such records available to the 
 Secretary upon request.

    (4) Rule of construction.--Nothing in this subsection shall 
 require a covered employer to keep records described in 
 paragraph

    (1) with respect to employee work speed data if such 
 covered employer does not otherwise monitor employee work speed 
 data.

    (f) Right To Request.--

    (1) In general.--A covered employer shall, upon receiving a 
 request under paragraph

    (2) or

    (3) , provide the relevant copies 
 described in such paragraphs to, as the case may be, the 
 covered employee, designated employee representative, or 
 individual who was a covered employee--
        (A) except as provided in subparagraph
        (B)
            (ii) , at 
 no cost to the covered employee, designated employee 
 representative, or individual who was a covered 
 employee;
        (B) with respect to--
            (i) a covered employee, by a human 
 representative of the covered employer; or
            (ii) a designated employee representative 
 or an individual who was a covered employee, by 
 a human representative of the covered employer 
 or through the mail (at the cost of the 
 designated employee representative or 
 individual, respectively); and
            (C) as soon as practicable but not later than--
            (i) 7 business days after receipt of a 
 request for such copies with respect to 
 employee work speed data or aggregate work 
 speed data; or
            (ii) 2 business days after receipt of a 
 request for any other copy.

    (2) Requests during employment.--A covered employee, or a 
 designated employee representative of such covered employee at 
 the request of the covered employee, may request from the 
 covered employer of the covered employee a copy of the written 
 description described under subsection

    (b) , a copy of the 
 employee work speed data (in a human-readable format that a 
 reasonable individual can understand) of the covered employee 
 for the preceding 6-month period, and a copy of the aggregated 
 work speed data (in a human-readable format that a reasonable 
 individual can understand) for similarly situated covered 
 employees at the same place where the covered employee performs 
 work for the covered employer for the preceding 6-month period.

    (3) Requests after employment termination.--An individual 
 who was a covered employee with respect to a covered employer, 
 or a designated employee representative with respect to such an 
 individual, may, not later than 3 years after the date of 
 termination of employment of the covered employee with the 
 covered employer, request from the covered employer a copy of--
        (A) the written description described under 
 subsection

    (b) effective on the date of termination of 
 the covered employee;
        (B) the employee work speed data (in a human-
 readable format that a reasonable individual can 
 understand) of the covered employee for the 6-month 
 period prior to such date of termination; and
            (C) the aggregated work speed data (in a human-
 readable format that a reasonable individual can 
 understand) for similarly situated covered employees at 
 the same place where the covered employee performs work 
 for the covered employer for such 6-month period.

    (4) Rule of construction.--Nothing in this subsection shall 
 require a covered employer to--
        (A) monitor employee work speed data; or
        (B) provide information related to employee work 
 speed data if the covered employer does not otherwise 
 monitor such employee work speed data.

    (g) Posting of Notices.--

    (1) In general.--Each covered employer shall post, in a 
 conspicuous and accessible location, a notice in the covered 
 facility of the covered employer regarding the rights of 
 covered employees under this section, including what 
 constitutes a permissible quota, the right to request quota 
 descriptions and employee speed data information, and the right 
 to make a complaint to Federal authorities regarding a 
 violation of any right under this section.

    (2) Requirements for notices.--Each notice described in 
 paragraph

    (1) shall be in a manner required by the Director 
 that--
        (A) is in plain language; and
        (B) is in English, Spanish, and any other language 
 that constitutes the primary language of any covered 
 employee at the covered facility.

    (h) Breaks for Covered Employees.--

    (1) In general.--Each covered employer shall--
        (A) with respect to each covered employee of such 
 covered employer--
            (i) provide, for every 4 hours of work by 
 such a covered employee, to the covered 
 employee not less than one 15-minute rest break 
 paid at the regular rate at which the covered 
 employee is employed; and
            (ii) provide, at the time the covered 
 employer hires such a covered employee, notice 
 to the covered employee, in plain language and 
 the primary language of the covered employee, 
 that--
            (I) the covered employee is 
 entitled to the paid rest breaks 
 described in clause
            (i) ;
            (II) retaliation by the covered 
 employer against the covered employee 
 for requesting or taking such paid rest 
 breaks is prohibited; and
            (III) the covered employee, or a 
 designated employee representative of 
 the covered employee, has a right to 
 file a complaint with the Secretary for 
 any violation by the covered employer 
 of this subsection; and
        (B) display, in a conspicuous and accessible 
 location, a sign at each covered facility of the 
 covered employer that includes, in English, Spanish, 
 and any other language that constitutes the primary 
 language of any covered employee at the covered 
 facility, the information in the notice described in 
 subparagraph
        (A)
            (ii) .

    (2) Notice.--Not later than 180 days after the date of 
 enactment of this section, the Secretary of Labor shall issue 
 regulations with respect to the design and content of the sign 
 described in paragraph

    (1)
        (B) , including a sample design.

    (3) Interaction with other laws.--Nothing in this 
 subsection shall be construed to supersede or preempt any 
 Federal, State, or local law or collective bargaining agreement 
 requiring longer paid rest breaks than those required under 
 paragraph

    (1)
        (A)
            (i) .
            (i) Unlawful Retaliation.--

    (1) In general.--A person, including a covered employer, an 
 agent of a covered employer, or person acting as or on behalf 
 of a covered employer conducting hiring or any related 
 activity, or an officer or agent of any entity, business, 
 corporation, partnership, or limited liability company, may 
 not--
        (A) discharge or in any way retaliate, 
 discriminate, or take any adverse employment action 
 against any individual for exercising any right 
 conferred under this section, or for being perceived as 
 exercising such a right, including for--
            (i) requesting copies under subsection

    (f) ;
            (ii) filing a complaint under subparagraph
        (A) of 

section 16

    (f) of the Fair Labor 
 Standards Act of 1938 regarding a violation of 
 this section or designating a representative in 
 accordance with subparagraph
        (B) of such 
 section to file such a complaint; or
            (iii) commencing a proceeding under 

section 16

    (b) of the Fair Labor Standards Act of 1938 
 (29 U.S.C. 216

    (b) ) for a violation of this 
 section; or
        (B) otherwise prevent an individual for exercising 
 such a right or take any action against an individual 
 that might deter a reasonable employee from asserting a 
 right conferred under this section.

    (2) Protections for good faith allegations.--The 
 protections under paragraph

    (1) shall apply to any individual 
 who mistakenly, but in good faith, alleges a violation of a 
 requirement of this section.

    (3) Explicit reference not required.--A complaint or other 
 communication by an individual, including a covered employee, 
 may be the exercise of a right for purposes of paragraph

    (1) regardless of whether the complaint or communication is in 
 writing or makes explicit reference to this Act.

    (4) Rebuttable presumption.--If a person takes adverse 
 action against a covered employee within 90 days of the covered 
 employee engaging, or attempting to engage in, activities 
 protected by paragraph

    (1) , such conduct shall establish a 
 rebuttable presumption that the adverse action is an adverse 
 action in violation of such paragraph. Such presumption may be 
 rebutted by clear and convincing evidence that--
        (A) the action was taken for other permissible 
 reasons; and
        (B) the engaging or attempting to engage in 
 activities protected by paragraph

    (1) was not a 
 motivating factor in the adverse action.

    (j) Quota Task Force.--Not later than 90 days after the date of the 
enactment of this section, the Director shall convene a task force with 
labor organizations, worker advocacy organizations, and covered 
employees to develop strategies for labor organizations and worker 
advocacy organizations to--

    (1) assist in the enforcement of this section;

    (2) train covered employees with respect to new rights 
 provided through this section; and

    (3) provide the Director with recommendations on the 
 implementation of regulations related to this section.

SEC. 103. ENFORCEMENT BY THE SECRETARY OF LABOR.

 The Fair Labor Standards Act of 1938 is amended--

    (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 provided in subsection

    (a) and 
paragraph

    (2) , investigate violations 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 investigating violations of 

section 102 of the Warehouse Worker Protection Act, may upon presenting 
appropriate credentials to the owner, operator, or agent in charge--
 ``
        (A) enter without delay and at reasonable times any 
 covered facility of a covered employer; and
 ``
        (B) inspect and investigate during regular working hours 
 and at other reasonable times, and within reasonable limits and 
 in a reasonable manner, any such covered facility and all 
 pertinent conditions, structures, machines, apparatus, devices, 
 equipment, and materials therein, and to question privately any 
 such covered employer, owner, operator, agent, or covered 
 employee.
 ``

    (3)
        (A) In conducting an inspection during an investigation into a 
violation of 

section 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 another designee of the covered employee, to accompany 
any inspectors during such inspection.
 ``
        (B) A covered employee may, regardless of the relationship 
between the covered employee and the labor organization, worker 
advocacy organization, or other designee, anonymously request to the 
Secretary that the Secretary permit a representative of such labor 
organization, worker advocacy organization, or other designee accompany 
inspectors during an inspection in accordance with paragraph

    (1) .
 ``

    (f)

    (1) Not later than 30 days after an event described in 
paragraph

    (2) , the Secretary shall open an investigation under this 
section (that includes an on-site inspection) into any covered employer 
to determine if such covered employer is violating 

section 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:
 ``
        (A) The Secretary determines that the covered employer--
 ``
            (i) has an annual total of employee work hours 
 that is not less than 40,000 hours; and
 ``
            (ii) has an annual employee injury rate, overall 
 or at a worksite, that is not less than 1.5 times the 
 warehousing industry's average annual injury rate, as 
 determined by the Bureau of Labor Statistics in the 
 most recent (as of such determination) publication 
 regarding fatal and nonfatal occupational injuries and 
 illnesses data.
 ``
        (B) The Secretary receives, during any one-year period, 
 not less than--
 ``
            (i) 5 credible complaints from covered employees 
 of the covered employer, individuals who were covered 
 employees of the covered employer, or designated 
 representatives of such covered employees or 
 individuals, about violations under 

section 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 employer, or 
 designated representatives of such covered employees or 
 individuals, about such violations at multiple 
 worksites operated by the covered employer.
 ``

    (3) In conducting an investigation under paragraph

    (1) , the 
Secretary shall select representatives of a labor organization or a 
worker advocacy organization who have specific knowledge of the 
relevant industry to conduct outreach to workers with respect to such 
investigation and aid and accompany investigators in such 
investigation.
 ``

    (g) For purposes of subsections

    (e) and

    (f) , the terms `covered 
employee', `covered employer', and `covered facility' have the meanings 
given such terms in 

section 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 period at the 
 end and inserting ``; and''; and
            (C) by adding at the end the following:
 ``

    (7) to violate any of the provisions of 

section 102 of 
 the Warehouse Worker Protection Act.''; and

    (4) in 

section 16 (29 U.S.C. 216)--
        (A) in subsection

    (b) --
            (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 subsection

    (b) ,
            (d) ,

    (e) ,

    (f) , or

    (g) of such 
 section or an amount equal to $25,000 
 per violation of subsection
            (c) ,

    (h) , 
 or
            (i) of such section'' before the 
 period at the end of the sentence; and
            (iii) in the fifth sentence, by striking 
 ``No'' and inserting ``Except with respect to 
 an action brought regarding a violation of 
 

section 102 of the Warehouse Worker Protection 
 Act, no'';
        (B) in subsection

    (e) --
            (i) by redesignating paragraphs

    (3) ,

    (4) , 
 and

    (5) as paragraphs

    (4) ,

    (5) , and

    (6) , 
 respectively;
            (ii) by inserting after paragraph

    (2) , the 
 following:
 ``

    (3) Any person who violates 

section 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 violation.''; and
            (iii) in paragraph

    (4)
            (C) , as so 
 redesignated, by striking ``

section 15

    (a)

    (4) '' 
 and inserting ``paragraph

    (4) or

    (7) of 

section 15

    (a) ''; and
            (C) by adding at the end the following:
 ``

    (f) Administrative Complaints Regarding Warehouse Worker 
Protections.--
 ``

    (1) In general.--A covered employee or an individual who 
 was a covered employee may--
 ``
        (A) file a complaint of a violation of 

section 102 of the Warehouse Worker Protection Act with the 
 Secretary; and
 ``
        (B) designate a representative of a labor 
 organization or worker advocacy organization, 
 regardless of the relationship between the covered 
 employee or individual and the labor organization or 
 worker advocacy organization, to--
 ``
            (i) file the complaint on behalf of the 
 covered employee or individual; or
 ``
            (ii) represent the covered employee or 
 individual for purposes of engagement with the 
 Secretary regarding such complaint, including 
 being present at employee interviews and 
 participating in workplace inspections, 
 conferences, and settlement negotiations.
 ``

    (2) Definition of covered employee.--For purposes of 
 paragraph

    (1) , the term `covered employee' has the meaning 
 given such term in 

section 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 arbitration agreement or predispute joint-
 action waiver (as those terms are defined in 

section 401 of 
 title 9, United States Code) shall be valid or enforceable with 
 respect to claims arising under this Act for violations of 
 

section 102 of the Warehouse Worker Protection Act.
 ``

    (2) Arbitration pursuant to a collective bargaining 
 agreement.--Nothing in this subsection shall limit the 
 enforceability of any arbitration provision in a collective 
 bargaining agreement between a covered employer (as defined in 
 

section 102

    (a) of the Warehouse Worker Protection Act) and a 
 labor organization.
 ``

    (h) Exception From Class Action Prerequisites for Actions 
Regarding Warehouse Worker Protections.--An employee who brings an 
action for a violation of 

section 102 of the Warehouse Worker 
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 Director of the Fairness and 
Transparency Office established by 

section 5 of the Fair Labor 
Standards Act of 1938 (as added by 

section 101) and the Administrator 
of the Wage and Hour Office of the Department of Labor shall jointly 
enter into a memorandum of understanding with the Assistant Secretary 
of Labor for Occupational Safety and Health to encourage efficient 
enforcement of relevant labor laws, including through information 
sharing, referral of complaints, and cross-training of inspectors and 
investigators. The memorandum of understanding shall encourage 
coordination of enforcement activity in States enforcing relevant labor 
law under a State plan that has been approved by the Secretary under 

section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
667).

    (b) Referral of Complaints and Cross-Training.--The Director of the 
Fairness and Transparency Office shall, to the greatest extent 
possible--

    (1) encourage the referral of relevant complaints from and 
 to the Equal Employment Opportunity Commission, the National 
 Institute for Occupational Safety and Health, the Environmental 
 Protection Agency, the National Labor Relations Board, and 
 other Federal and State agencies that may conduct inspections 
 related to occupational health and safety in covered facilities 
 (as defined in 

section 102

    (a) of the Warehouse Worker 
 Protection Act); and

    (2) promote cross-training of inspectors and investigators 
 in the Equal Employment Opportunity Commission, National 
 Institute for Occupational Safety and Health, Environmental 
 Protection Agency, and such other Federal and State agencies 
 for inspections related to working conditions in such covered 
 facilities.

SEC. 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 Commission Act (15 U.S.C. 57a

    (a)

    (1)
        (B) ).

    (b) Powers of the FTC.--

    (1) In general.--The Federal Trade Commission (in this 
 section referred to as the Commission) shall enforce 

section 102 and the regulations promulgated under this Act in the same 
 manner, by the same means, and with the same jurisdiction, 
 powers, and duties as though all applicable terms and 
 provisions of the Federal Trade Commission Act (15 U.S.C. 41 et 
 seq.) were incorporated into and made a part of this Act.

    (2) Privileges and immunities.--Any person who violates 
 

section 102 shall be subject to the penalties and entitled to 
 the privileges and immunities provided in the Federal Trade 
 Commission Act (15 U.S.C. 41 et seq.).

    (3) Authority preserved.--Nothing in this Act shall be 
 construed to limit the authority of the Commission under any 
 other provision of law.

    (4) Rulemaking.--The Commission may promulgate in 
 accordance with 

section 553 of title 5, United States Code, 
 such rules as may be necessary to carry out this section.

 TITLE II--NATIONAL LABOR RELATIONS ACT

SEC. 201. AMENDMENTS TO NATIONAL LABOR RELATIONS ACT.

    (a) In General.--

Section 8

    (a) of the National Labor Relations Act 
(29 U.S.C. 158) is amended--

    (1) in paragraph

    (5) by striking the period at the end and 
 inserting ``; and''; and

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

    (6) to impose on an employee a quota that significantly 
 discourages or prevents, or is intended to significantly 
 discourage or prevent, an employee from exercising the rights 
 guaranteed in 

section 7.''.

    (b) Presumption of Retaliation.--

Section 8 of the such Act (29 
U.S.C. 158) is amended by adding at the end the following:
 ``

    (h) Presumption of Retaliation Related to a Quota.--Any action to 
impose a quota on an employee that is taken against the employee within 
90 days of an employee exercising the rights guaranteed in 

section 7 
shall establish a rebuttable presumption that the action is 
discrimination against the employee in violation of subsection

    (a)

    (6) .''.
            (c) === Definitions. ===
-

Section 2 such Act (29 U.S.C. 152) is amended by 
adding at the end the following:
 ``

    (15) Quota.--
 ``
        (A) In general.--The term `quota' means a 
 performance standard or performance target, including 
 such a standard or target used to rank an employee in 
 relation to the performance of another employee or in 
 relation to the past performance of the employee, under 
 which--
 ``
            (i) 
            (I) an employee is actually or 
 effectively assigned, required, or expected 
 within a defined time period (with or without 
 any reasonable accommodation provided under 
 Federal, State, or local law) to--
 ``

    (aa) perform--

 ``

    (AA) a quantified 
 number of tasks; or

 ``

    (BB) at a 
 specified productivity 
 speed; or

 ``

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

SEC. 202. NATIONAL LABOR RELATIONS BOARD REPORT.

 The National Labor Relations Board shall--

    (1) examine cases in which a quota (as such term is defined 
 in 

section 2 of the National Labor Relations Act (29 U.S.C. 
 152)) was used as a reason to deny a worker rights under the 
 National Labor Relations Act; and

    (2) as often as practicable, submit a report on such cases 
 to--
        (A) the Committee on Health, Education, Labor, and 
 Pensions of the Senate; and
        (B) the Committee on Education and Workforce of the 
 House of Representatives.

 TITLE III--OSHA STANDARDS

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

    (a) Proposed Standard.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall, pursuant to 

section 6 of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish 
in the Federal Register a proposed standard for ergonomic program 
management for covered employers with respect to covered employees, 
including requirements for--

    (1) hazard identification and ergonomic job evaluations for 
 covered employees, including requirements for covered employee 
 and designated employee representative participation in such 
 identification with the aim of maximizing such participation;

    (2) hazard control at covered facilities, which may rely on 
 the principles of the hierarchy of controls and which may 
 include measures such as equipment and workstation redesign, 
 work pace reductions, or job rotation to less forceful or 
 repetitive jobs;

    (3) training for covered employees regarding covered 
 employer activities, occupational risk factors, and training on 
 controls and recognition of symptoms of musculoskeletal 
 disorders; and

    (4) medical management for covered employees that 
 includes--
        (A) encouraging early reporting of musculoskeletal 
 disorder symptoms;
        (B) first aid delivered by those operating under 
 State licensing requirements; and
            (C) systematic evaluation and early referral for 
 medical attention.

    (b) Final Standard.--Not later than 4 years after the date of 
enactment this Act, the Secretary shall, pursuant to 

section 6 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in 
the Federal Register a final standard based on the proposed standard 
under subsection

    (a) .

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

    (a) Proposed Standard.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall, pursuant to 

section 6 of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish 
in the Federal Register a proposed standard requiring that--

    (1) all covered employers have a person readily available 
 at the covered facility of the covered employer who is 
 adequately trained to render first aid and ensure that such 
 person provides first aid to any injured or ill covered 
 employee and, without delay, refers any such covered employee 
 who reports an injury or illness that requires further medical 
 treatment to an appropriate medical professional for such 
 treatment; and

    (2) all covered employers provide to the covered employees 
 of the covered employer occupational medicine consultation 
 services through a physician who is board certified in 
 occupational medicine, which services shall include--
        (A) regular review of any health and safety 
 program, medical management program, or ergonomics 
 program of the covered employer;
        (B) review of any work-related injury or illness of 
 a covered employee;
            (C) providing onsite health services for treatment 
 of such injury or illness; and
            (D) consultation referral to a local health care 
 provider for treating such injury or illness.

    (b) Final Standard.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall, pursuant to 

section 6 of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish 
in the Federal Register a final standard based on the proposed standard 
under subsection

    (a) .

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

    (a) In General.--

Section 10 of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 659) is amended by adding at the end the 
following:
 ``
            (d) Correction of Serious, Willful, or Repeated Violations 
Pending Contest and Procedures for a Stay.--
 ``

    (1) Period permitted for correction of serious, willful, 
 or repeated violations.--For each violation which the Secretary 
 designates as serious, willful, or repeated, the period 
 permitted for the correction of the violation shall begin to 
 run upon receipt of the citation.
 ``

    (2) Filing of a motion of contest.--The filing of a 
 notice of contest by an employer shall not operate as a stay of 
 the period for correction of a violation designated as serious, 
 willful, or repeated.
 ``

    (3) Criteria and rules of procedure for stays.--
 ``
        (A) Motion for a stay.--An employer that receives 
 a citation alleging a violation designated as serious, 
 willful, or repeated and that files a notice of contest 
 to the citation asserting that the time set for 
 abatement of the alleged violation is unreasonable or 
 challenging the existence of the alleged violation may 
 file with the Commission a motion to stay the period 
 for the abatement of the violation.
 ``
        (B) Criteria.--In determining whether a stay 
 should be issued on the basis of a motion filed under 
 subparagraph
        (A) , the Commission may grant a stay only 
 if the employer has demonstrated--
 ``
            (i) a substantial likelihood of success 
 on the areas contested under subparagraph
        (A) ; 
 and
 ``
            (ii) that a stay will not adversely 
 affect the health and safety of employees.
 ``
            (C) Rules of procedure.--The Commission shall 
 develop rules of procedure for conducting a hearing on 
 a motion filed under subparagraph
        (A) on an expedited 
 basis. At a minimum, such rules shall provide the 
 following:
 ``
            (i) That a hearing before an 
 administrative law judge shall occur not later 
 than 15 days following the filing of the motion 
 for a stay (unless extended at the request of 
 the employer), and shall provide for a decision 
 on the motion not later than 15 days following 
 the hearing (unless extended at the request of 
 the employer).
 ``
            (ii) That a decision of an administrative 
 law judge on a motion for stay is rendered on a 
 timely basis.
 ``
            (iii) That if a party is aggrieved by a 
 decision issued by an administrative law judge 
 regarding the stay, such party has the right to 
 file an objection with the Commission not later 
 than 5 days after receipt of the administrative 
 law judge's decision. Within 10 days after 
 receipt of the objection, a Commissioner, if a 
 quorum is seated pursuant to 

section 12

    (f) , 
 shall decide whether to grant review of the 
 objection. If, within 10 days after receipt of 
 the objection, no decision is made on whether 
 to review the decision of the administrative 
 law judge, the Commission declines to review 
 such decision, or no quorum is seated, the 
 decision of the administrative law judge shall 
 become a final order of the Commission. If the 
 Commission grants review of the objection, the 
 Commission shall issue a decision regarding the 
 stay not later than 30 days after receipt of 
 the objection. If the Commission fails to issue 
 such decision within 30 days, the decision of 
 the administrative law judge shall become a 
 final order of the Commission.
 ``
            (iv) For notification to employees or 
 representatives of affected employees of 
 requests for such hearings, and to provide an 
 opportunity for affected employees or 
 representatives of affected employees to 
 participate as parties to such hearings.''.

    (b) Conforming Amendments.--

    (1) In general.--The Occupational Safety and Health Act of 
 1970 is amended--
        (A) in the first sentence of 

section 10

    (b) (29 
 U.S.C. 659

    (b) ), by inserting ``, with the exception of 
 violations designated as serious, willful, or 
 repeated,'' after ``(which period shall not begin to 
 run''; and
        (B) in 

section 17 (29 U.S.C. 666) by striking 
 subsection
            (d) and inserting the following:
 ``
            (d) Any employer who fails to correct a violation designated by 
the Secretary as serious, willful, or repeated and for which a citation 
has been issued under 

section 9

    (a) within the period permitted for its 
correction (and a stay has not been issued by the Commission under 

section 10
            (d) ) may be assessed a civil penalty of not more than $7,000 
for each day during which such failure or violation continues. Any 
employer who fails to correct any other violation for which a citation 
has been issued under 

section 9

    (a) of this title within the period 
permitted for its correction (which period shall not begin to run until 
the date of the final order of the Commission in the case of any review 
proceeding under 

section 10 initiated by the employer in good faith and 
not solely for delay of avoidance of penalties) may be assessed a civil 
penalty of not more than $7,000 for each day during which such failure 
or violation continues.''.

    (2) Adjustment under the federal civil penalties inflation 
 adjustment act of 1990.--
        (A) Catch-up.--Not later than 1 year after the date 
 of enactment of this Act, the Secretary of Labor shall 
 adjust the maximum amounts described in subsection
            (d) of 

section 17 of the Occupational Safety and Health Act 
 of 1970 (29 U.S.C. 666), as amended by paragraph

    (1)
        (B) , so that each such amount equals the maximum 
 amount of the civil penalty under such subsection (as 
 in effect on the day before such date of enactment) as 
 adjusted by 

section 4 of the Federal Civil Penalties 
 Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note).
        (B) Subsequent adjustments.--Subparagraph
        (A) and 
 the amendment made by this paragraph

    (1)
        (B) shall not 
 be construed to affect the application of the Federal 
 Civil Penalties Inflation Adjustment Act of 1990 (28 
 U.S.C. 2461 note) to the civil penalty amount under 
 

section 17
            (d) of the Occupational Safety and Health Act 
 of 1970 (29 U.S.C. 666) for any adjustment under 
 

section 4 of the Federal Civil Penalties Inflation 
 Adjustment Act of 1990 (28 U.S.C. 2461 note) after the 
 catch-up adjustment made by the Secretary of Labor 
 under subparagraph
        (A) .

SEC. 304. DEFINITIONS.

 For purposes of sections 301 and 302, the terms ``covered 
employee'', ``covered employer'', ``covered facility'', and 
``designated employee representative'' have the meanings given such 
terms in 

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

SEC. 402. PREEMPTION.

    (a) Interaction With Other Laws.--Nothing in this Act (including 
the amendments made by this Act) or the regulations promulgated under 
this Act shall be construed to supersede or preempt any law or 
ordinance of a State, or political subdivision of a State, that 
requires limitations on any quota for a covered employee of a covered 
employer that are comparable to or greater than the protections 
provided in this Act.

    (b) Collective Bargaining Agreements.--Nothing in this Act 
(including the amendments made by this Act) or the regulations 
promulgated under this Act shall be construed to supersede or preempt 
employment terms or conditions agreed upon in collective bargaining 
agreements that are more beneficial to a covered employee.
            (c) OSHA.--No action by the Director under this Act (including the 
amendments made by this Act) shall be construed as an exercise of 
statutory authority within the meaning of 

section 4

    (b)

    (1) of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653

    (b)

    (1) ).
            (d) === Definitions. ===
-For purposes of this section, the terms 
``Director'', ``covered employee'', ``covered employer'', ``designated 
employee representative'', and ``quota'' have the meanings given such 
terms in 

section 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 2026 through 
2036.
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