Empowering App-Based Workers Act

The Empowering App-Based Workers Act aims to promote transparency and accountability for digital labor platforms that use apps to manage workers. It establishes new requirements for platform providers regarding disclosures, data handling, compensation practices, and worker protections.

Sec. 3, Definitions: Defines key terms including 'app-based worker' as anyone who performs work through a covered platform, 'adverse action' as any action that negatively impacts a worker's access to work or benefits, 'automated decision system' as any computational tool used to replace or assist human decision-making, and 'authorized agent' as a person a worker authorizes to receive disclosures.

Sec. 4, Transparency: Requires platform providers to give workers and applicants detailed notices about any electronic monitoring tools or automated decision systems they use, including descriptions of data collected, how it is used for compensation or work assignments, and where data is stored.

Sec. 5, Accountability: Caps the 'take rate' for consumer on-demand transportation services at 25 percent and limits fees on workers so the provider's share does not exceed that cap. Prohibits offering different pay for substantially similar work unless based on cost differentials or a collective bargaining agreement, and restricts using individualized worker data to set pay.

Sec. 6, Data Preservation: Requires providers to retain records of worker data collected by monitoring tools or used in automated systems for four years, prohibits selling or transferring such data except by worker request or as required by law, and mandates disclosure of retained data to the worker or their authorized agent within five business days of a request.

Sec. 7, Authorized Agent Authority: Allows a worker to authorize a person in writing to receive disclosures and notices from the platform on their behalf. The platform must provide copies to the authorized agent and respond to information requests within ten business days.

Sec. 8, Whistleblower Protections: Prohibits platforms from discriminating or retaliating against workers for exercising their rights under the Act or for filing complaints, participating in proceedings, or providing information about violations. Creates a rebuttable presumption of retaliation if adverse action occurs within 90 days of protected activity.

Sec. 9, Enforcement: Authorizes the Secretary of Labor to investigate violations, collect data, require reports, resolve complaints, engage in public education, and litigate to enforce the Act.

Sec. 10, Rule of Construction: Clarifies that use of monitoring tools or automated systems by a vendor or third party on behalf of the platform is considered use by the platform.

Sec. 11, Regulations: Directs the Secretary to issue regulations within 180 days defining undefined terms, clarifying defined terms, and providing industry-specific rules.

Sec. 12, Limitation of Judicial Review of Regulations: Delegates authority to the Secretary to interpret the Act, limits court review to whether the interpretation is reasonable, and requires any constitutional challenge to a regulation to be filed within three years in the U.S. District Court for the District of Columbia.

Sec. 13, Relation to Other Laws: Preserves state laws that provide equal or greater protections, does not permit noncompliance with other federal or state labor laws, invalidates predispute arbitration agreements and joint-action waivers between workers and platforms, invalidates confidentiality agreements that prohibit disclosure, and prohibits waiver of rights under the Act.

Sec. 14, Flexibility: States that the Act does not require platforms to change policies in a way that decreases worker scheduling flexibility or access to work.

Sec. 15, Severability: If any provision is held unconstitutional, the rest of the Act remains in effect.