S5208-118

Introduced

To establish protections for warehouse workers, and for other purposes.

118th Congress Introduced Sep 25, 2024

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill creates new federal protections for warehouse workers who are subject to productivity quotas and workplace surveillance. It requires large warehouse employers (200+ employees) to provide written disclosure of all quotas, performance metrics, and surveillance technologies used to monitor workers. Workers gain the right to access their own performance data and challenge inaccurate records.

Who Benefits and How

Warehouse workers at large distribution centers gain significant protections: mandatory disclosure of quotas and how they're calculated, guaranteed 15-minute rest breaks every 4 hours, protection from quotas that prevent bathroom breaks, and the right to file complaints without retaliation. Labor unions and worker advocacy organizations gain formal roles in enforcement and workplace inspections. Workers can bring private lawsuits with penalties up to $769,870 per willful violation.

Who Bears the Burden and How

Large warehouse operators (Amazon, Walmart distribution, etc.) face substantial new compliance requirements: written quota disclosures, data retention for 3+ years, mandatory rest breaks, and restrictions on how quotas can be structured. They face penalties up to $76,987 per violation (or $769,870 for willful/repeat violations). The Department of Labor must establish a new Fairness and Transparency Office to administer the program.

Key Provisions

  • Prohibits quotas that prevent bathroom breaks, meal periods, or compliance with health/safety laws
  • Requires employers to provide 15-minute paid rest breaks every 4 hours
  • Gives workers right to access and correct their work speed data
  • Allows private lawsuits with damages and penalties, class actions facilitated
  • Triggers mandatory DOL investigations when injury rates are 1.5x industry average

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Establishes comprehensive protections for warehouse workers subject to performance quotas, including transparency requirements, data access rights, mandatory rest breaks, and anti-retaliation provisions

Key Policy Areas

Labor, Worker Rights, Privacy, Workplace Safety

Primary Purpose

Establishes comprehensive protections for warehouse workers subject to performance quotas, including transparency requirements, data access rights, mandatory rest breaks, and anti-retaliation provisions

Policy Domains

Labor Worker Rights Privacy Workplace Safety

Title I - Warehouse Worker Protections

Identified Gains
Contextual inference, no direct clause citation
  • Warehouse workers subject to quotas
  • Labor unions
  • Worker advocacy organizations
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Large warehouse operators (200+ employees)
  • E-commerce fulfillment centers
  • Department of Labor
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Sep 25, 2024

Mr. Markey (for himself, Mr. Casey, Ms. Smith, Mr. Hawley, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Warehousing And Storage
11 mentions across 8 clauses
+4 positive -6 negative ?1 uncertain

Covered warehouse employers, Large warehouse operators, Large warehouse operators (200+ employees)

Positive-direction: Warehouse workers, Warehouse workers at risk of musculoskeletal disorders, Warehouse workers subject to productivity quotas

Negative-direction: Large warehouse operators, Large warehouse operators (200+ employees), Warehouse employers, Warehousing and storage facilities (NAICS 493)

Government
6 mentions across 5 clauses
+2 positive -4 negative

Congress, Department of Labor, Department of Labor agencies

Department of Labor faces effects in multiple directions

Positive-direction: Congress

Negative-direction: Department of Labor agencies, Federal Trade Commission, National Labor Relations Board

Labor
5 mentions across 4 clauses
+5 positive

Labor unions, Labor unions and worker advocacy organizations, Unionized warehouse workers

Electronic Shopping
2 mentions across 2 clauses
-2 negative

E-commerce and mail-order fulfillment (NAICS 454110), E-commerce fulfillment centers

All Industries
2 mentions across 1 clause
+1 positive -1 negative

Employers with OSHA violations, Workers at facilities with safety violations

Positive-direction: Workers at facilities with safety violations

Negative-direction: Employers with OSHA violations

General Public
1 mention across 1 clause
-1 negative

Taxpayers

Couriers And Messengers
1 mention across 1 clause
-1 negative

Courier and express delivery services (NAICS 492110)

Professional Services
1 mention across 1 clause
+1 positive

Ergonomics consultants and equipment providers

13/16
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Labor Worker Rights Privacy
Actor Mappings
"the_director"
→ Director of Fairness and Transparency Office
"the_secretary"
→ Secretary of Labor

Key Definitions

Terms defined in this bill

4 terms
"covered facility" §8(a)(3)

Warehouse distribution center under NAICS codes 493 (warehousing), 423/424 (merchant wholesalers), 454110 (e-commerce/mail-order), or 492110 (couriers/express delivery)

"covered employer" §8(a)(5)

Employer engaged in commerce that employs more than 200 employees total for work at all covered facilities, including contractors, staffing agencies, and affiliates

"quota" §8(a)(11)

Express or implied performance standard or target where employees are assigned/required to perform quantified tasks or handle materials at specified rates within defined time periods

"workplace surveillance" §8(a)(14)

Any employer surveillance including monitoring, collection, or retention of data concerning employee activities through computers, cameras, sensors, wearables, or other devices

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology