Warehouse Worker Protection Act

This bill establishes protections for warehouse workers by creating a new office within the Department of Labor, amending the National Labor Relations Act, and directing OSHA to issue new standards. It also sets rules for correcting serious OSHA violations and includes provisions on severability, preemption, and funding.

Title I, Warehouse worker protections: Amends the Fair Labor Standards Act to create a Fairness and Transparency Office in the Wage and Hour Division, headed by a President-appointed Director, with an advisory board of experts and stakeholders. It also adds a new section defining terms like "adverse employment action," "aggregated work speed data," "covered facility" (warehouses and distribution centers under specific NAICS codes), and "covered employee." The Director may issue rules and consult with other agencies.

Sec. 102, Referral of complaints: Requires the Director and Wage and Hour Administrator to sign a memorandum of understanding with OSHA to coordinate enforcement, share information, refer complaints, and cross-train inspectors. The Director must also encourage complaint referrals and cross-training with the EEOC, NIOSH, EPA, NLRB, and other agencies.

Title II, National Labor Relations Act: Amends Section 8(a) of the NLRA to make it an unfair labor practice to impose a quota that significantly discourages or prevents an employee from exercising Section 7 rights. Adds a rebuttable presumption of retaliation if such action occurs within 90 days of an employee exercising those rights. Defines "quota" as a performance standard or target measured in time periods of a day or less, including task counts, speed, error rates, or time tracking.

Sec. 202, NLRB report: Requires the NLRB to examine cases where a quota was used to deny worker rights and submit reports to the Senate HELP Committee and House Education and Workforce Committee.

Title III, OSHA standards: Directs the Secretary of Labor to propose and finalize a standard for ergonomic program management for covered employers within 3 and 4 years, respectively, covering hazard identification, control, training, and medical management. Also requires a proposed standard within 1 year and a final standard within 3 years for ensuring first aid availability and occupational medicine consultation services at covered facilities.

Sec. 303, Correction of serious, willful, or repeated violations: Amends the OSH Act to require correction periods for serious, willful, or repeated violations to begin upon citation receipt, with no automatic stay upon contest. Employers may file for a stay with the Commission, which can be granted only if the employer shows substantial likelihood of success and no adverse effect on employee health and safety. Sets expedited hearing and decision timelines. Conforming amendments adjust penalty provisions for failure to correct such violations.

Sec. 304, Definitions: For sections 301 and 302, terms like "covered employee," "covered employer," "covered facility," and "designated employee representative" have the same meanings as in the new section 8(a) of the Fair Labor Standards Act.

Title IV, Miscellaneous provisions: Includes a severability clause, a preemption clause stating the Act does not supersede state or local laws with comparable or greater protections or more beneficial collective bargaining terms, and clarifies that Director actions are not an exercise of OSHA statutory authority. Authorizes necessary appropriations for fiscal years 2025 through 2035.