Empowering App-Based Workers Act

The Empowering App-Based Workers Act aims to promote transparency and accountability for workers on digital labor platforms, such as ride-hail and delivery apps, by requiring disclosures about monitoring and automated systems, capping fees, and protecting worker rights.

Sec. 3, Definitions: Defines key terms like "app-based worker" (an individual performing work through a digital platform), "adverse action" (negative impacts on work access or terms), "automated decision system" (software that assists or replaces human decisions), and "authorized agent" (a person a worker authorizes to receive disclosures).

Sec. 4, Transparency: Requires platform providers to give workers and applicants notices about electronic monitoring and automated decision systems, including descriptions of data collected, how it is used for compensation or work decisions, and where data is stored. Workers can also request a comprehensive use notice.

Sec. 5, Accountability: Caps the "take rate" (platform fee) for on-demand transportation services at 25% of consumer payments. Prohibits offering different pay for substantially similar work unless based on cost differences or a collective bargaining agreement, and bans using individualized worker data to set pay unless justified.

Sec. 6, Data Preservation: Requires platforms to retain worker data from monitoring or automated systems for 4 years, prohibits selling or transferring such data except by worker request or law, and mandates disclosure to workers or their authorized agents within 5 business days of a request.

Sec. 7, Authorized Agent Authority: Allows workers to authorize a person (like a labor organization) to receive disclosures and notices from the platform, which must provide an additional copy to the agent and respond to requests within 10 business days.

Sec. 8, Whistleblower Protections: Prohibits platforms from retaliating against workers for exercising rights under the Act or filing complaints, with 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, require reports, resolve complaints, educate the public, and litigate, with potential criminal referrals for false statements.

Sec. 10, Rule of Construction: Clarifies that use of monitoring or automated systems by vendors or third parties on behalf of a platform is treated as use by the platform.

Sec. 11, Regulations: Directs the Secretary to issue regulations within 180 days to define terms and provide industry-specific rules.

Sec. 12, Limitation of Judicial Review: Limits court review of regulations to whether the Secretary's interpretation is reasonable, and requires challenges to be filed within 3 years in the U.S. District Court for the District of Columbia.

Sec. 13, Relation to Other Laws: Preserves state laws with greater protections, does not exempt platforms from federal labor laws, invalidates predispute arbitration agreements and nondisclosure clauses, and prohibits waiver of rights under the Act.

Sec. 14, Flexibility: States the Act does not require platforms to reduce worker scheduling flexibility or access to work.

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