Empowering App-Based Workers Act

Summary

Requires app-based platforms to disclose and limit how they monitor and use automated decision systems, gives workers access to data about assignments and pay, bans certain contract waivers (like predispute arbitration and secrecy clauses), and creates enforcement tools including worker complaints, private lawsuits, and Labor Department oversight. For ride‑hail services it caps platform fees (“take rates”) at 25%, restricts discriminatory or opaque use of algorithms for pay/assignments, and requires recordkeeping, privacy protections, and regular reporting to the Department of Labor. Imposes detailed definitions, notice timing rules (applicants, 96‑hour advance for new tools, annual, on request), data retention and machine‑readable disclosure requirements, protections for workers who authorize agents, anti‑retaliation presumptions, and limits on judicial review of agency rulemaking.

• Requires platforms to disclose monitoring and automated decision use to applicants and workers, with advance, annual, and on‑request notices in machine‑readable form.
• Caps ride‑hail platform take rates at 25% and bars fee structures that defeat that cap for on‑demand transportation services.
• Limits use of automated decision systems and individualized data to set pay or assign work, and bans inferring/collecting sensitive worker attributes from monitoring.
• Voids predispute arbitration clauses and nondisclosure provisions that prevent workers from asserting rights or sharing information.
• Gives workers the right to authorize agents to receive platform disclosures and data, with platforms required to respond promptly.
• Requires four‑year retention of monitoring/ADS input data, itemized receipts per assignment, and weekly pay statements; mandates quarterly reporting to the Labor Department and public anonymized data publication.
• Creates anti‑retaliation protections with a 90‑day rebuttable presumption of retaliation and provides both administrative enforcement by the Secretary and a private right of action for various plaintiffs.
• Directs the Secretary to issue regulations within 180 days and limits judicial review by deferring to the Secretary’s reasonable interpretations and funneling suits to DC within three years.