Sponsors (13)
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Adds a new subsection (d) to section 10 of the Occupational Safety and Health Act establishing rules about when the correction period runs for serious, willful, or repeated violations, stating that filing a notice of contest does not stay the correction period, authorizing motions for stay to the Commission, setting criteria for granting stays, and requiring expedited procedures and time limits for hearings and Commission review.
Strikes and replaces subsection (d) of section 17 to revise the rules and penalty assessment for failure to correct violations, specifying that failure to correct violations designated as serious, willful, or repeated (and for which a citation has been issued) within the period permitted for correction (and absent a Commission stay under new section 10(d)) may be assessed a civil penalty of not more than $7,000 per day, and aligns the penalty and mechanics for other violations.
Amends Section 8 of the National Labor Relations Act by adding a new unfair labor practice in subsection (a) (paragraph (6)) making it unlawful to impose a quota that significantly discourages or prevents, or is intended to significantly discourage or prevent, an employee from exercising rights under section 7, and by adding a new subsection (h) establishing a 90-day rebuttable presumption of retaliation when a quota is imposed within 90 days of protected activity.
Amends Section 2 of the National Labor Relations Act by adding a new definition of the term 'quota' (paragraph (15)), including what constitutes a quota and defining 'defined time period' for purposes of that definition.
Inserts a new section after section 4 of the Fair Labor Standards Act creating the Fairness and Transparency Office within the Wage and Hour Division and establishing a Director and advisory board (Fairness and Transparency Advisory Board).
Alters section 9 to add 'inspection' alongside existing investigatory authorities.
Adds a new subsection (e) authorizing the Secretary, acting through the Director of the Fairness and Transparency Division, to investigate violations of the Warehouse Worker protections (section 102), enter and inspect covered facilities without delay at reasonable times, permit worker representatives to accompany inspectors, and requires the Secretary to open an investigation within 30 days after specified triggering events.
Modifies section 15(a) (prohibited acts) to add a new paragraph making it unlawful to violate section 102 (the Warehouse Worker protections) and makes minor punctuation edits.
Amends section 16 to (a) insert references to the 'Warehouse Worker Protection Act' in civil action language and (b) add civil penalties in subsection (e), including a per-violation penalty and a higher penalty for repeat or willful violations, and redesignate paragraphs accordingly.
Requires covered warehouse employers to notify workers of break rights, provide paid rest breaks, prohibit retaliation for asserting rights, and give notices in languages workers understand. It bans certain productivity quotas tied to protected labor activity, creates a rebuttable presumption of retaliation in some cases, and directs the NLRB to study and report on quota-related cases. It also directs OSHA to propose and finalize a standard to prevent work‑related musculoskeletal disorders and delays in medical referrals, strengthens enforcement and penalties for serious or repeated violations, requires employer hazard controls and training, and authorizes funding for implementation and enforcement through fiscal 2026–2036. Adds procedural protections (faster hearings and stays when violations are contested), creates a task force to help with enforcement and training, and preserves other laws and collective bargaining terms that provide equal or greater protections. If courts strike part of the law, other parts remain in effect, and appropriations are authorized for implementation and enforcement activities.
States that the Act has a table of contents and introduces it with the words: "The table of contents for this Act is as follows:".
Covered employers must post a notice in a conspicuous and accessible place in each covered facility explaining covered employees’ rights under this section, including what counts as a permissible quota, the right to request quota descriptions and employee speed data information, and the right to complain to Federal authorities about violations.
The posted notice must follow requirements set by the Director: it must be in plain language and in English, Spanish, and any other language that is the primary language of any covered employee at the facility.
For every 4 hours of work, covered employers must provide each covered employee at least one 15-minute paid rest break at the employee’s regular rate of pay.
At hiring, covered employers must give covered employees notice (in plain language and the employee’s primary language) stating: (1) the employee is entitled to the paid rest breaks; (2) retaliation for requesting or taking paid rest breaks is prohibited; and (3) the employee (or a designated employee representative) may file a complaint with the Secretary for violations of the breaks subsection.
Workers: Warehouse employees gain explicit, enforceable paid rest-break rights, clearer notice in their languages, and stronger anti-retaliation protections. The rebuttable presumption makes it easier for workers to challenge employer discipline or adverse action following protected activity. OSHA-directed standards and employer requirements aim to reduce musculoskeletal injuries and speed medical referrals, improving worker safety and health.
Employers: Covered warehouse employers face new compliance obligations including posting notices, providing paid breaks, translating notices, identifying hazards, implementing controls and training, offering first-aid and occupational medicine services where required, and adapting productivity tracking to avoid unlawful "quotas." Employers may face higher enforcement risk, faster hearings when citations are contested, and steeper penalties for serious or repeated violations. Compliance costs (staff time, engineering controls, medical services, translated materials) are likely.
Labor organizations and unions: The prohibition of certain quotas and the NLRB's new reporting requirements strengthen protections for union and other protected concerted activity. The rebuttable presumption lowers the burden for proving retaliation in some cases, which can alter bargaining and grievance strategies.
Agencies and enforcement: OSHA and the NLRB must develop rules, standards, and reports within set timelines and will require additional resources; appropriations are authorized to support these activities. The Act also creates a task force to coordinate enforcement guidance and training.
Legal and procedural effects: The Act introduces faster adjudicative processes for contested violations and clarifies interactions with state law and collective bargaining agreements. It anticipates litigation (providing severability) and may trigger constitutional or statutory challenges that the savings clause seeks to limit.
Overall: The legislation strengthens worker protections and enforcement mechanisms at the cost of new compliance requirements and potential litigation; it shifts enforcement burdens to federal agencies and employers while promoting rulemaking and reporting to clarify scope and implementation.
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced July 31, 2025 by Edward John Markey · Last progress July 31, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate