Striking and Locked Out Workers Healthcare Protection Act
- Bill Number
- S. 1984
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-06-05: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2025-12-05T21:44:55Z
AI-Generated Summary
Purpose
The "Striking and Locked Out Workers Healthcare Protection Act" (S. 1984) aims to protect workers' access to health insurance during labor disputes by prohibiting employers from ending or changing coverage under a group health plan (a shared insurance plan for employees) while the employer is conducting a lock-out or the employee is participating in a lawful strike. A lock-out occurs when an employer temporarily prevents workers from entering the workplace to pressure them in negotiations, and a strike is a legal work stoppage by employees to protest working conditions.
Key Provisions
- Prohibition on Coverage Changes During Lock-Outs: Amends Section 8(a) of the National Labor Relations Act (NLRA), which lists unfair labor practices by employers, to add a new subsection (6). This makes it illegal for an employer to terminate or alter an employee's group health plan coverage during a lock-out intended to influence collective bargaining (negotiations between workers and management).
- Prohibition on Coverage Changes During Strikes: Further amends Section 8(a) to add subsection (7), prohibiting employers from terminating or altering coverage while an employee is engaged in a lawful strike.
- Definition of Group Health Plan: Adds a definition to Section 2 of the NLRA, defining it as having the same meaning as in the Employee Retirement Income Security Act (ERISA), which covers employer-sponsored health plans.
- Penalties for Violations:
- Amends Section 12 of the NLRA to impose civil penalties on employers: up to $75,000 per violation for lock-out related issues (subsection (b)) and up to $50,000 for strike-related issues (subsection (c)).
- Penalties double (to $150,000 or $100,000) if the violation involves firing an employee or causes serious financial harm, and if the employer has a prior violation within the last 5 years.
- Penalties are in addition to other remedies, such as reinstatement or back pay, ordered by the National Labor Relations Board (NLRB, the federal agency that enforces labor laws).
- Director and Officer Liability: Holds company leaders personally liable for penalties if they directed the violation, knew about it and could have stopped it, or failed to prevent it.
- Penalty Considerations: The NLRB must weigh factors like the severity of the employer's actions, the employer's size, past violations, and public interest when setting penalty amounts.
Significant Changes to Existing Law
- Expands the NLRA's list of unfair labor practices to specifically address health insurance during labor disputes, which was not explicitly covered before. Previously, employers could potentially end coverage as part of economic pressure tactics without this direct prohibition.
- Introduces targeted civil penalties for these new violations, including escalated fines for repeat offenders and personal accountability for executives—features not previously detailed for health coverage issues under the NLRA.
- Integrates ERISA's definition of group health plans into the NLRA, linking labor and employee benefits laws more closely.
Potential Impacts
- On Citizens (Workers): Enhances job security by ensuring continued health coverage during strikes or lock-outs, reducing financial stress from potential medical costs and supporting workers' ability to engage in lawful labor actions without fear of losing insurance.
- On Employers: Imposes new compliance requirements and financial risks, potentially discouraging aggressive tactics in labor disputes but increasing operational costs for maintaining coverage during conflicts.
- On Government Agencies: The NLRB gains enforcement authority over these provisions, which could lead to more cases and investigations, requiring additional resources. No direct impact on international relations is noted.
- Broader Economy: May lead to more stable labor relations in industries prone to strikes (e.g., manufacturing, transportation), but could raise employer insurance costs, indirectly affecting prices or hiring practices.
Main Stakeholders Affected
- Workers and Unions: Primary beneficiaries, as they gain protections for health benefits during disputes, empowering collective bargaining.
- Employers: Face new restrictions and penalties, particularly in unionized workplaces, requiring adjustments to labor strategies and benefits administration.
- National Labor Relations Board (NLRB): Responsible for investigating complaints, imposing penalties, and ordering remedies, potentially handling increased caseloads.
- Health Insurers and Benefits Providers: May see sustained coverage obligations, affecting plan administration during labor actions.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal labor protections under the NLRA by addressing a gap in health benefits during disputes, potentially leading to more litigation over what constitutes a "lawful strike" or "lock-out." Penalties could be challenged in court for proportionality.
- Constitutional: May raise questions about employers' property rights (e.g., freedom to manage benefits) versus workers' rights to organize under the First and Fifth Amendments, though it aligns with existing NLRA precedents protecting concerted activities.
- Political: As a pro-labor measure introduced by Democratic senators, it reflects ongoing debates over worker protections in a divided Congress; passage could signal shifts in labor policy but faces opposition from business interests concerned about added regulations.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (14)
Sen. Blumenthal, Richard [D-CT], Sen. Padilla, Alex [D-CA], Sen. Fetterman, John [D-PA], Sen. Durbin, Richard J. [D-IL], Sen. Smith, Tina [D-MN], Sen. Sanders, Bernard [I-VT], Sen. Warren, Elizabeth [D-MA], Sen. Whitehouse, Sheldon [D-RI], Sen. Markey, Edward J. [D-MA], Sen. Van Hollen, Chris [D-MD], Sen. Gallego, Ruben [D-AZ], Sen. Murphy, Christopher [D-CT], Sen. Booker, Cory A. [D-NJ], Sen. Duckworth, Tammy [D-IL]
Recent Actions
- 2025-06-05: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-06-05: Introduced in Senate
Bill Versions
- Striking and Locked Out Workers Healthcare Protection Act — issued 2025-06-05 — PDF (5 pages)