Warehouse Worker Protection Act
- Bill Number
- S. 2613
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-07-31: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2025-12-11T12:03:17Z
AI-Generated Summary
Warehouse Worker Protection Act (S. 2613)
Purpose
The legislation aims to protect warehouse workers from unsafe work quotas, excessive monitoring, and health risks by establishing transparency requirements, safety standards, and enforcement mechanisms. It seeks to ensure fair treatment, prevent retaliation, and promote safer working conditions in large warehouse facilities.
Key Provisions
- Fairness and Transparency Office: Creates a new office within the Department of Labor's Wage and Hour Division, led by a presidentially appointed director. The office includes an advisory board with diverse experts (e.g., worker advocates, health specialists) and can issue rules to implement the act.
- Worker Protections in Warehouses:
- Defines "covered employees" as those subject to quotas (performance targets) in warehouses or similar facilities (e.g., storage, wholesale, e-commerce) owned by employers with over 200 employees total.
- Requires employers to provide clear written notices about quotas, including how performance is measured, potential discipline, and any surveillance (e.g., monitoring via cameras or devices).
- Mandates updates to notices before changes and explanations for any adverse actions (e.g., firing, demotion) based on quotas, including access to performance data in readable format.
- Guarantees paid 15-minute rest breaks every 4 hours and prohibits quotas that interfere with breaks, bathroom use, safety laws, or rights under labor laws.
- Bans quotas that are unsafe, undisclosed, or based solely on comparisons to others; limits data collection to what's necessary and allows workers to dispute or supplement records.
- Protects against retaliation for complaining or requesting information, with a rebuttable presumption if adverse action occurs within 90 days of protected activity.
- Requires posting notices about rights and allows workers or representatives (e.g., unions) to request data.
- Enforcement Mechanisms:
- Department of Labor (DOL) investigates complaints, conducts inspections (allowing worker representatives to join), and imposes civil penalties up to $76,987 per violation (higher for repeats or willful acts).
- Workers can file complaints directly or through representatives; allows class actions without typical prerequisites and voids forced arbitration for disputes.
- Federal Trade Commission (FTC) treats violations as unfair practices and can enforce rules.
- Coordinates with other agencies (e.g., EEOC, OSHA) via referrals and training.
- Amendments to National Labor Relations Act (NLRA): Prohibits quotas that discourage union organizing or other protected activities; creates a presumption of illegal retaliation if a quota is imposed soon after such activities. Requires NLRB reports on related cases.
- OSHA Safety Standards:
- Within 3-4 years, issues rules for ergonomic programs to prevent muscle and joint disorders (e.g., hazard identification, job redesign, training, medical management).
- Within 1-3 years, requires prompt first aid, medical referrals, and occupational health consultations for injuries.
- For serious, willful, or repeated violations, starts correction clock immediately upon citation; no automatic stay during appeals, but expedited hearings possible if safety isn't harmed. Daily fines up to $7,000 (adjusted for inflation) for uncorrected violations.
- Miscellaneous: Ensures the act doesn't override stronger state laws or union contracts; authorizes funding through 2036.
Significant Changes to Existing Law
- Fair Labor Standards Act (FLSA): Adds new section on warehouse protections, expands enforcement powers (e.g., inspections, penalties), and allows representative complaints and class actions.
- NLRA: Introduces quota-specific prohibitions and retaliation presumptions, expanding unfair labor practice definitions.
- Occupational Safety and Health Act (OSHA): Mandates new ergonomic and medical referral standards; alters violation correction timelines and stay procedures to prioritize quick fixes for serious issues.
- Federal Arbitration Act: Exempts warehouse claims from forced pre-dispute arbitration (except in union agreements).
- No changes to international relations laws, but enhances domestic labor coordination.
Potential Impacts
- Government Agencies: Increases workload for DOL, OSHA, NLRB, and FTC with new offices, investigations, and rule-making; promotes inter-agency collaboration, potentially improving efficiency but requiring more resources (funded through 2036).
- Citizens (Workers): Enhances safety, transparency, and rights for millions in warehouses, reducing injury risks (e.g., from repetitive tasks) and enabling easier complaints; benefits extend to former employees via data access.
- Employers: Large warehouse operators (e.g., e-commerce giants) face compliance costs for notices, records, breaks, and monitoring limits; smaller firms (<200 employees) are exempt.
- International Relations: Minimal direct impact, though it could influence U.S. trade discussions on labor standards in global supply chains.
Main Stakeholders Affected
- Warehouse Workers: Primary beneficiaries, gaining protections against exploitative quotas and surveillance.
- Large Employers: Covered businesses (e.g., Amazon, Walmart distribution centers) must adapt operations, facing penalties for non-compliance.
- Labor Unions and Advocacy Groups: Empowered through representative roles in complaints, inspections, and advisory boards.
- Government Agencies: DOL, OSHA, NLRB, FTC, and EEOC handle enforcement and coordination.
- Health and Safety Experts: Involved in standards development and consultations.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens worker remedies via class actions and anti-arbitration rules, potentially increasing litigation; preemption clause preserves state and local laws that offer equal or better protections, avoiding federal overreach challenges.
- Constitutional: Aligns with labor protections under the Commerce Clause; severability ensures partial invalidation doesn't doom the whole act. No direct free speech or privacy issues, but surveillance limits could face employer challenges on property rights.
- Political: Bipartisan sponsors signal broad support for worker safety amid e-commerce growth, but may spark debates on business burdens vs. labor rights; NLRB reporting could highlight union suppression, influencing future policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (12)
Sen. Hawley, Josh [R-MO], Sen. Marshall, Roger [R-KS], Sen. Sanders, Bernard [I-VT], Sen. Padilla, Alex [D-CA], Sen. Blumenthal, Richard [D-CT], Sen. Welch, Peter [D-VT], Sen. Warren, Elizabeth [D-MA], Sen. Murphy, Christopher [D-CT], Sen. Smith, Tina [D-MN], Sen. Fetterman, John [D-PA], Sen. Gallego, Ruben [D-AZ], Sen. Alsobrooks, Angela D. [D-MD]
Recent Actions
- 2025-07-31: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2025-07-31: Introduced in Senate
Bill Versions
- Warehouse Worker Protection Act — issued 2025-07-31 — PDF (59 pages)