This bill, titled the Empowering App-Based Workers Act, seeks to address issues of opacity and potential exploitation within the growing sector of digital labor platform work. It establishes a framework for greater transparency and accountability for businesses that use software applications to allocate and manage work, impacting millions of app-based workers across various industries. A core provision mandates comprehensive disclosures to app-based workers and applicants. Covered digital labor platform providers must inform workers about the use of electronic monitoring tools and automated decision systems , detailing the data collected, how it's used for compensation and work assignments, and the parameters influencing work-related decisions. These notices must be timely, in the worker's primary language, and easily accessible. Further transparency requirements include itemized receipts for each work assignment, detailing consumer payments, tips, worker pay, and the platform's take rate . Weekly pay statements must also be provided, summarizing total pay, time on task, time worked, and the average weekly take rate. Consumers will also receive disclosures about the total amount paid, tips, worker pay, and the take rate for their services. To ensure public oversight, covered digital labor platform providers must quarterly report aggregated app-based worker data, including wage and demographic information, to the Secretary of Labor. This data, along with copies of required notices, will be published anonymously by both the providers and the Secretary on public websites, fostering greater understanding of platform operations. The bill introduces significant accountability measures, including a 25% cap on the take rate for covered digital labor platform providers offering on-demand transportation services. It also prohibits individualized algorithmic wage setting that results in different compensation for substantially similar tasks, unless based on demonstrable cost differentials or collective bargaining agreements. This aims to ensure equal pay for equal work . Additionally, the legislation imposes strict data processing limitations , forbidding platforms from using electronic monitoring or worker data to infer sensitive information like immigration status, political opinion, or union sympathy. It also restricts data collection to only during time worked and prohibits deceptive platform interfaces that obscure compensation information, ensuring workers can make informed decisions. To protect worker data, platforms and their vendors must retain records for four years and are generally prohibited from selling or transferring app-based worker data without authorization. Workers can designate an authorized agent , such as a labor organization, to receive disclosures and data on their behalf. Strong whistleblower protections are also included, safeguarding app-based workers from retaliation for exercising their rights or reporting violations. Enforcement powers are granted to the Secretary of Labor, who can investigate violations, require additional reporting, and impose civil monetary penalties up to $100,000 for willful violations. The bill also establishes a private right of action , allowing affected app-based workers, consumers, and labor organizations to sue for statutory damages, actual damages, and equitable relief. Importantly, the bill invalidates predispute arbitration agreements and joint-action waivers, preserving workers' access to judicial remedies, and clarifies that it does not preempt stronger state or local laws.
This bill, titled the Empowering App-Based Workers Act, seeks to address issues of opacity and potential exploitation within the growing sector of digital labor platform work. It establishes a framework for greater transparency and accountability for businesses that use software applications to allocate and manage work, impacting millions of app-based workers across various industries. A core provision mandates comprehensive disclosures to app-based workers and applicants. Covered digital labor platform providers must inform workers about the use of electronic monitoring tools and automated decision systems , detailing the data collected, how it's used for compensation and work assignments, and the parameters influencing work-related decisions. These notices must be timely, in the worker's primary language, and easily accessible. Further transparency requirements include itemized receipts for each work assignment, detailing consumer payments, tips, worker pay, and the platform's take rate . Weekly pay statements must also be provided, summarizing total pay, time on task, time worked, and the average weekly take rate. Consumers will also receive disclosures about the total amount paid, tips, worker pay, and the take rate for their services. To ensure public oversight, covered digital labor platform providers must quarterly report aggregated app-based worker data, including wage and demographic information, to the Secretary of Labor. This data, along with copies of required notices, will be published anonymously by both the providers and the Secretary on public websites, fostering greater understanding of platform operations. The bill introduces significant accountability measures, including a 25% cap on the take rate for covered digital labor platform providers offering on-demand transportation services. It also prohibits individualized algorithmic wage setting that results in different compensation for substantially similar tasks, unless based on demonstrable cost differentials or collective bargaining agreements. This aims to ensure equal pay for equal work . Additionally, the legislation imposes strict data processing limitations , forbidding platforms from using electronic monitoring or worker data to infer sensitive information like immigration status, political opinion, or union sympathy. It also restricts data collection to only during time worked and prohibits deceptive platform interfaces that obscure compensation information, ensuring workers can make informed decisions. To protect worker data, platforms and their vendors must retain records for four years and are generally prohibited from selling or transferring app-based worker data without authorization. Workers can designate an authorized agent , such as a labor organization, to receive disclosures and data on their behalf. Strong whistleblower protections are also included, safeguarding app-based workers from retaliation for exercising their rights or reporting violations. Enforcement powers are granted to the Secretary of Labor, who can investigate violations, require additional reporting, and impose civil monetary penalties up to $100,000 for willful violations. The bill also establishes a private right of action , allowing affected app-based workers, consumers, and labor organizations to sue for statutory damages, actual damages, and equitable relief. Importantly, the bill invalidates predispute arbitration agreements and joint-action waivers, preserving workers' access to judicial remedies, and clarifies that it does not preempt stronger state or local laws.