Striking and Locked Out Workers Healthcare Protection Act
- Bill Number
- H.R. 3532
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-05-21: Referred to the House Committee on Education and Workforce.
- Last Updated
- 2026-04-23T08:07:08Z
AI-Generated Summary
Purpose
The legislation, titled the "Striking and Locked Out Workers Healthcare Protection Act," aims to protect employees' access to employer-provided health insurance during labor disputes. It prevents employers from ending or changing group health plan coverage (a type of health insurance provided through an employer to a group of workers) while the employer is locking out workers or while workers are on a lawful strike (a legal work stoppage organized by employees to protest working conditions).
Key Provisions
- Prohibition on Coverage Termination During Lock-Outs: Employers cannot end or change an employee's health coverage if the employer is locking out, suspending, or withholding work from employees to pressure them or their union during collective bargaining (negotiations between workers and management over pay, benefits, and conditions) before a strike begins.
- Prohibition on Coverage Termination During Strikes: Employers cannot end or change health coverage for employees participating in a lawful strike.
- Definition of Group Health Plan: Adopts the definition from the Employee Retirement Income Security Act (ERISA), which covers employer-sponsored health insurance plans for multiple employees.
- Penalties for Violations:
- For lock-outs: Civil fines up to $75,000 per violation; doubled to $150,000 if it involves firing an employee or causes serious financial harm, and if the employer has a prior violation in the last 5 years.
- For strikes: Civil fines up to $50,000 per violation; doubled to $100,000 in similar serious cases with prior violations.
- Fines are in addition to other remedies (like reinstating coverage) ordered by the National Labor Relations Board (NLRB, the federal agency that oversees labor relations).
- Directors or officers of the employer may face personal fines if they directed the violation, knew about it and could have stopped it, or failed to prevent it.
- When setting fine amounts, the NLRB considers the severity of the employer's actions, the employer's size, history of violations, and public interest.
Significant Changes to Existing Law
- Amends Section 8(a) of the National Labor Relations Act (NLRA, the main U.S. law protecting workers' rights to unionize and bargain collectively) by adding two new unfair labor practices: subsections (6) for lock-outs and (7) for strikes related to health coverage.
- Expands Section 12 of the NLRA to include these specific civil penalties, which did not previously exist for health coverage issues in labor disputes. Previously, violations of the NLRA could lead to remedies like back pay or reinstatement, but not these targeted monetary fines.
- Adds a definition of "group health plan" to the NLRA for clarity in enforcement.
Potential Impacts
- On Government Agencies: Strengthens the NLRB's role in enforcing labor laws by giving it authority to impose substantial fines, potentially increasing its workload in investigating and penalizing health coverage disputes during strikes or lock-outs.
- On Citizens (Workers and Employers): Protects striking or locked-out workers from losing health insurance, reducing financial stress during labor actions and encouraging participation in union activities. Employers may face higher costs from fines and continued coverage obligations, possibly leading to more cautious approaches in labor negotiations.
- On International Relations: No direct impact, as the bill focuses on domestic U.S. labor and health benefits.
Main Stakeholders Affected
- Employees and Unions: Gain stronger protections for health benefits during disputes, benefiting workers in industries prone to strikes (e.g., manufacturing, transportation).
- Employers: Face new restrictions and potential fines, particularly larger companies with group health plans, requiring adjustments to labor strategies and insurance policies.
- National Labor Relations Board (NLRB): Tasked with enforcement, investigations, and penalty assessments, influencing how labor disputes are resolved.
Notable Legal, Constitutional, or Political Implications
- Legal: Expands the scope of unfair labor practices under the NLRA, potentially leading to more litigation over what constitutes a "lock-out" or "lawful strike." The penalties introduce stricter accountability, including personal liability for executives, which could deter violations but raise questions about proportionality in enforcement.
- Constitutional: May intersect with employers' property rights (under the Fifth Amendment) by limiting their control over benefits during disputes, though it aligns with the NLRA's established balance of worker protections. No explicit challenges noted in the bill.
- Political: Represents a pro-worker shift in labor policy, potentially increasing union leverage in negotiations. As an introduced bill (not yet law), its passage could signal broader support for enhancing employee benefits amid ongoing debates over labor rights and healthcare access.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Deluzio, Christopher R. [D-PA-17]
Cosponsors (47)
Rep. McBride, Sarah [D-DE-At Large], Rep. Craig, Angie [D-MN-2], Rep. McCollum, Betty [D-MN-4], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Bishop, Sanford D. [D-GA-2], Rep. Waters, Maxine [D-CA-43], Rep. Adams, Alma S. [D-NC-12], Rep. Casar, Greg [D-TX-35], Rep. Budzinski, Nikki [D-IL-13], Rep. Sánchez, Linda T. [D-CA-38], Rep. Brownley, Julia [D-CA-26], Rep. Doggett, Lloyd [D-TX-37], Rep. Sorensen, Eric [D-IL-17], Rep. Dingell, Debbie [D-MI-6], Rep. Chu, Judy [D-CA-28], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Carson, André [D-IN-7], Rep. Magaziner, Seth [D-RI-2], Rep. Ramirez, Delia C. [D-IL-3], Rep. Tlaib, Rashida [D-MI-12], Rep. Pocan, Mark [D-WI-2], Rep. Lynch, Stephen F. [D-MA-8], Rep. Davis, Danny K. [D-IL-7], Rep. Lee, Summer L. [D-PA-12], Rep. Elfreth, Sarah [D-MD-3], Rep. McGarvey, Morgan [D-KY-3], Rep. Garamendi, John [D-CA-8], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Ansari, Yassamin [D-AZ-3], Rep. Goldman, Daniel S. [D-NY-10], Rep. Jayapal, Pramila [D-WA-7], Rep. Mullin, Kevin [D-CA-15], Rep. Bell, Wesley [D-MO-1], Rep. Wilson, Frederica S. [D-FL-24], Rep. Cleaver, Emanuel [D-MO-5], Rep. Williams, Nikema [D-GA-5], Rep. Latimer, George [D-NY-16], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Casten, Sean [D-IL-6], Rep. Randall, Emily [D-WA-6], Rep. Landsman, Greg [D-OH-1], Rep. Stevens, Haley M. [D-MI-11], Rep. Hayes, Jahana [D-CT-5], Rep. Bonamici, Suzanne [D-OR-1], Rep. Mrvan, Frank J. [D-IN-1], Rep. Walkinshaw, James R. [D-VA-11], Rep. Salinas, Andrea [D-OR-6]
Recent Actions
- 2025-05-21: Referred to the House Committee on Education and Workforce.
- 2025-05-21: Introduced in House
- 2025-05-21: Introduced in House
Bill Versions
- Striking and Locked Out Workers Healthcare Protection Act — issued 2025-05-21 — PDF (5 pages)