Striking and Locked Out Workers Healthcare Protection Act

This bill protects workers’ health insurance during labor disputes. It makes it illegal for an employer to cut off or change an employee’s group health plan while workers are on a lawful strike or while the company has locked them out. The bill uses the standard federal definition of “group health plan.”

If a company breaks these rules, it can be fined up to $75,000 per violation during a lock-out and up to $50,000 per violation during a strike. For repeat violations within five years that also involve firing a worker or causing serious financial harm, those fines can be doubled (up to $150,000 for lock-outs and $100,000 for strikes). Company directors and officers who directed the violation or knew about it and failed to stop it can also be fined. When setting penalties, the labor board must consider the harm caused, the size of the employer, past violations, and the public interest.

Key points

• Who is affected: Employees in a lawful strike or who are locked out; employers that offer group health plans.
• What changes: Employers cannot terminate or alter workers’ health coverage during a strike or lock-out; penalties and possible personal liability for leaders apply if they do.
• When: During the period of a lawful strike or an employer lock-out.