What does Preamble of Warehouse Worker Protection Act do?

This bill is formally titled 'To establish protections for warehouse workers, and for other purposes.' The bill aims to establish protections for warehouse workers.

What does SHORT TITLE. of Warehouse Worker Protection Act do?

This bill is formally titled the Warehouse Worker Protection Act.

What does WAREHOUSE WORKER PROTECTIONS. of Warehouse Worker Protection Act do?

This section amends the Fair Labor Standards Act of 1938 to establish a Fairness and Transparency Office within the Wage and Hour Division of the Department of Labor. The President will appoint a Director to head the Fairness and Transparency Office. The Director can hire staff without regard to certain civil service provisions and can set their compensation up to the rate payable for level V of the Executive Schedule. The Director must establish a Fairness and Transparency Advisory Board composed of covered employers, covered employees, and experts in areas such as worker protection, civil rights, health and safety, workplace technology, and disability law. The Advisory Board will advise and consult on the Director's functions under this Act and the Warehouse Worker Protection Act. The Advisory Board must maintain partisan balance and will meet at least twice annually. Members of the Advisory Board who are not federal employees may receive compensation and travel expenses. The Fairness and Transparency Advisory Board is exempt from the Federal Advisory Committee Act. The Secretary of Labor, through the Director and the Administrator of the Wage and Hour Office, can issue orders, guidance, or regulations to carry out the purposes of the Warehouse Worker Protection Act. The Secretary may consult with agencies like OSHA and the EEOC when issuing such orders or regulations.

What does DEFINITIONS. of Warehouse Worker Protection Act do?

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What does ENFORCEMENT BY THE SECRETARY OF LABOR. of Warehouse Worker Protection Act do?

This section amends the Fair Labor Standards Act of 1938 to expand the Secretary of Labor's enforcement powers regarding the Warehouse Worker Protection Act. The Secretary is authorized to investigate violations of section 102 of the Warehouse Worker Protection Act, including entering covered facilities and questioning employees and employers. Investigations may be initiated based on a covered employer exceeding 40,000 employee work hours annually and having an injury rate 1.5 times the warehousing industry average, or upon receiving five or ten credible complaints. The Secretary must select representatives from labor organizations or worker advocacy groups to aid in outreach and accompany investigators. Civil penalties, up to $76,987 per violation or $769,870 for repeat or willful violations, may be imposed for violations of section 102 of the Warehouse Worker Protection Act. Covered employees can file complaints with the Secretary and designate a representative from a labor organization or worker advocacy group to assist in the process. Agreements requiring predispute arbitration of claims arising under the Warehouse Worker Protection Act are unenforceable, with an exception for collective bargaining agreements. Employees bringing actions for violations of the Warehouse Worker Protection Act are considered to have satisfied prerequisites for class action lawsuits under Federal Rules of Civil Procedure.

What does REFERRAL OF COMPLAINTS. of Warehouse Worker Protection Act do?

This section establishes a process for the referral of complaints and cross-training of inspectors related to labor laws. The Director of the Fairness and Transparency Office and the Administrator of the Wage and Hour Office are required to enter into a memorandum of understanding with the Assistant Secretary of Labor for Occupational Safety and Health. The memorandum of understanding aims to encourage efficient enforcement of labor laws through information sharing, complaint referral, and cross-training. The Director of the Fairness and Transparency Office is directed to encourage the referral of complaints to and from various federal and state agencies. The Director is also tasked with promoting cross-training of inspectors and investigators from multiple agencies.

What does ENFORCEMENT BY THE FTC. of Warehouse Worker Protection Act do?

This section outlines the enforcement mechanisms for violations of section 102. Violations of section 102 are treated as violations of a rule defining an unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission (FTC) is responsible for enforcing section 102 and related regulations. The FTC's enforcement of section 102 will be conducted in the same manner as under the Federal Trade Commission Act. Individuals violating section 102 are subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. This section does not limit the FTC's authority under other laws. The FTC may promulgate rules to carry out this section, following procedures outlined in title 5 of the United States Code.

What does AMENDMENTS TO NATIONAL LABOR RELATIONS ACT. of Warehouse Worker Protection Act do?

This section amends the National Labor Relations Act (NLRA) to address the use of quotas that discourage employees from exercising their rights under section 7. It adds a new subsection (6) to section 8(a) of the NLRA, prohibiting employers from imposing quotas that significantly discourage or prevent employees from exercising their section 7 rights. The bill establishes a rebuttable presumption of retaliation if an employer imposes a quota within 90 days of an employee exercising their section 7 rights. It defines 'quota' as a performance standard or target that assigns, requires, or expects an employee to perform a quantified number of tasks, achieve a specified productivity speed, or handle a quantified amount of material without errors, measured at the individual or group level within a defined time period (equal to or less than one day). The definition of 'quota' also includes situations where actions are categorized and measured between performing and not performing tasks, or increments of time are measured related to employee activity.

What does NATIONAL LABOR RELATIONS BOARD REPORT. of Warehouse Worker Protection Act do?

This section requires the National Labor Relations Board (NLRB) to examine cases where quotas, as defined in the National Labor Relations Act, were used to deny workers rights under that same Act. The NLRB is directed to submit a report on these cases to specified committees in Congress as often as practicable. The Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives are the recipients of the report.

What does STANDARD PROTECTING COVERED EMPLOYEES FROM OCCUPATIONAL RISK of Warehouse Worker Protection Act do?

This section directs the Secretary to publish a proposed standard for ergonomic program management for covered employers with respect to covered employees within three years of the Act's enactment. The proposed standard must include requirements for hazard identification and ergonomic job evaluations, with emphasis on employee participation. Hazard control measures may include equipment redesign, work pace reductions, or job rotation. Training for covered employees is required, covering occupational risk factors, controls, and symptom recognition. Medical management should encourage early reporting of symptoms, provide appropriate first aid, and facilitate systematic evaluation and referral. A final standard, based on the proposed standard, must be published within four years of enactment.