The Collective Labor and
Worker Safeguards Act
The CLAWS Act — an Act to restore and protect workplace rights for American workers. Ten titles. One purpose: making the rights you’ve had since 1935 finally safe to use.
COLLECTIVE LABOR AND WORKER SAFEGUARDS ACT (CLAWS Act)
An Act to Restore and Protect Workplace Rights for American Workers
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS
(a) Short Title. This Act may be cited as the “Collective Labor and Worker Safeguards Act” or the “CLAWS Act.”
(b) Table of Contents.
- TITLE I — FINDINGS, PURPOSES, AND DEFINITIONS
- TITLE II — MEANINGFUL PENALTIES AND REMEDIES
- TITLE III — RAPID EMPLOYEE PROTECTION SYSTEM (REPS)
- TITLE IV — EMERGENCY RELIEF AND TEMPORARY REINSTATEMENT
- TITLE V — WORKPLACE PRIVACY PROTECTION
- TITLE VI — DUE PROCESS IN EMPLOYMENT DECISIONS
- TITLE VII — VISA PROGRAM INTEGRITY AND PROTECTION OF THE DOMESTIC WORKFORCE
- TITLE VIII — NATIONAL LABOR RELATIONS BOARD CAPACITY AND INDEPENDENCE
- TITLE IX — FREEDOM FROM COERCION; INFORMAL CONCERTED ACTIVITY
- TITLE X — GENERAL PROVISIONS
TITLE I — FINDINGS, PURPOSES, AND DEFINITIONS
SEC. 101. FINDINGS.
Congress finds the following:
(1) The activities of employers and employees subject to this Act burden and affect interstate and foreign commerce, and effective enforcement of the rights guaranteed by section 7 of the National Labor Relations Act (29 U.S.C. 157) is necessary to the free flow of commerce.
(2) The National Labor Relations Board’s enforcement capacity has declined severely relative to the workforce it serves. The ratio of Board staff to covered workers has deteriorated substantially over the past two decades while median case processing times have lengthened, with the result that most violations of workplace rights are never remedied.
(3) Because the National Labor Relations Act provides no civil penalties and limits remedies principally to make-whole relief, violating the Act is frequently less costly to an employer than complying with it. Rational-actor analysis confirms that, absent meaningful penalties, violations function as an ordinary cost of doing business.
(4) Delay is itself a denial of rights. A worker discharged for protected activity who must wait months or years for relief will often abandon the claim, and coworkers who observe that outcome are deterred from exercising their own rights. Prompt interim relief is therefore essential to effective enforcement.
(5) Modern electronic surveillance technologies enable employers to monitor, identify, and retaliate against employees who engage in protected concerted activity in ways Congress did not anticipate when it enacted the National Labor Relations Act, and existing law does not adequately constrain such surveillance.
(6) Fraud and willful underpayment in employment-based visa programs injure both the foreign workers who are exploited and the United States workers who are displaced or whose wages are suppressed, and enforcement resources devoted to such fraud have been inadequate. Accountability for such fraud properly rests on the employers and agents who perpetrate it.
(7) Employees frequently do not know that informal concerted activity — including two or more coworkers discussing wages, hours, or working conditions — is protected by federal law to the same extent as activity undertaken through a formal labor organization.
SEC. 102. PURPOSES.
The purposes of this Act are —
(1) to make the rights guaranteed by section 7 of the National Labor Relations Act enforceable in practice by establishing civil penalties, personal liability, prompt interim relief, and a private right of action;
(2) to establish the Rapid Employee Protection System to enable workers to document violations securely and anonymously and to obtain rapid enforcement;
(3) to protect employees from unlawful surveillance and to secure their privacy in personal communications;
(4) to guarantee fair process before an employee may be discharged in circumstances involving protected activity;
(5) to deter fraud in employment-based visa programs by holding employers and their agents accountable and by compensating affected workers;
(6) to provide the National Labor Relations Board with the staffing, funding stability, and timelines necessary to perform its statutory mission; and
(7) to protect every worker’s free choice — including the right to engage in, and the right to refrain from, concerted activity — from coercion by any party.
SEC. 103. DEFINITIONS.
In this Act:
(1) Board. The term “Board” means the National Labor Relations Board.
(2) Covered employer. The term “covered employer” means an employer as defined in section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)), and includes any such employer that is a Federal contractor or a recipient of Federal financial assistance.
(3) Employee. The term “employee” has the meaning given that term in section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)).
(4) Protected activity. The term “protected activity” means any activity protected under section 7 of the National Labor Relations Act (29 U.S.C. 157), including —
(A) discussing wages, hours, benefits, or working conditions with coworkers or third parties;
(B) joining with one or more other employees, formally or informally, to seek improvement of working conditions;
(C) communicating concerns regarding workplace safety, health, or legal compliance;
(D) petitioning or presenting grievances to an employer concerning terms or conditions of employment;
(E) organizing, forming, joining, or assisting a labor organization, or refraining from any such activity; and
(F) documenting suspected violations of law, including through the Rapid Employee Protection System established under title III.
(5) Workplace rights violation. The term “workplace rights violation” means any unfair labor practice under section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)), and any violation of title III, IV, V, or VI of this Act, that interferes with, restrains, or coerces an employee in the exercise of protected activity, including —
(A) surveillance prohibited under title V;
(B) discharge of, or discrimination or retaliation against, an employee because of protected activity; and
(C) threats or economic coercion intended to suppress protected activity.
(6) REPS. The term “REPS” means the Rapid Employee Protection System established under title III.
(7) Fund. The term “Fund” means the Worker Protection Fund established under section 1002.
(8) Willful. The term “willful” means undertaken with knowledge that the conduct is prohibited, or with reckless disregard of whether it is prohibited.
TITLE II — MEANINGFUL PENALTIES AND REMEDIES
SEC. 201. CIVIL PENALTIES FOR WORKPLACE RIGHTS VIOLATIONS.
(a) In General. Any covered employer that commits a workplace rights violation shall, in addition to any other remedy provided by law, be subject to a civil penalty of not more than $50,000 for each violation.
(b) Enhanced Penalty. The maximum penalty under subsection (a) shall be doubled, to not more than $100,000 for each violation, where —
(1) the violation results in the discharge of an employee or other serious economic harm to an employee; and
(2) the employer has, within the preceding 5 years, committed another workplace rights violation resulting in discharge or serious economic harm.
(c) Pattern or Practice. Where the Board or a court finds that violations were committed pursuant to a pattern or practice, the employer shall be subject to an additional civil penalty of not more than —
(1) $250,000 where the pattern or practice affected more than 10 employees; or
(2) $1,000,000 where the pattern or practice affected more than 100 employees.
(d) Factors. In determining the amount of any penalty under this section, the Board or court shall consider the gravity of the violation, the size and revenues of the employer, the employer’s history of violations, the willfulness of the violation, and the employer’s good-faith efforts to comply.
(e) Deposit. Civil penalties collected under this Act shall be deposited in the Worker Protection Fund.
SEC. 202. PERSONAL LIABILITY OF DIRECTORS, OFFICERS, AND AGENTS.
(a) Civil Penalty. A director, officer, manager, supervisor, or agent of a covered employer who directed, personally committed, or, having the authority to prevent, willfully permitted a workplace rights violation may be held personally subject to a civil penalty in the amounts specified in section 201.
(b) Damages. Such an individual shall be jointly and severally liable, with the employer, for damages owed to an affected employee arising from a violation the individual directed or personally committed.
(c) Equitable Relief. In an action under this Act, a court may, upon a finding of repeated or egregious personal participation in violations, enjoin an individual from exercising supervisory authority over the affected employees, or order other equitable relief the court considers appropriate.
SEC. 203. CRIMINAL LIABILITY FOR WILLFUL AND SYSTEMATIC VIOLATIONS.
(a) Offense. It shall be unlawful for any person willfully to engage in, or to conspire to engage in, a pattern or practice of workplace rights violations involving the discharge of, or serious economic retaliation against, employees for protected activity.
(b) Penalty. A person who violates subsection (a) shall be fined under title 18, United States Code, or, in the case of an individual, imprisoned not more than 5 years, or both. In the case of an organization, the fine may be not more than the greater of the amount provided under title 18, United States Code, or twice the gross pecuniary gain derived from the violations.
(c) Debarment. Upon conviction of an organization under this section, the head of any Federal agency may debar the organization from Federal contracts for a period of not more than 10 years, in accordance with the Federal Acquisition Regulation.
SEC. 204. PRIVATE RIGHT OF ACTION.
(a) In General. Any employee injured by a workplace rights violation may bring a civil action against the covered employer, and against any individual described in section 202, in any district court of the United States of competent jurisdiction, without regard to the amount in controversy.
(b) Relationship to Board Proceedings.
(1) Election. An employee may file a charge with the Board, bring an action under this section, or both; provided that an employee may not recover duplicative relief for the same injury.
(2) Kick-out. If an employee has filed a charge with the Board and the Board has not issued a complaint or dismissed the charge within 60 days, the employee may bring an action under this section de novo, and no exhaustion of administrative remedies shall be required.
(3) Interim relief. Nothing in this subsection limits an employee’s right to seek emergency relief under title IV at any time.
(c) Remedies. In an action under this section, the court may award —
(1) back pay and front pay, without any reduction for interim earnings, plus interest;
(2) consequential damages, including for loss of benefits, housing, and health coverage;
(3) liquidated damages equal to two times the amount awarded under paragraph (1);
(4) in the case of a willful violation, punitive damages, subject to subsection (d);
(5) reinstatement or other equitable relief, including injunctive relief; and
(6) reasonable attorney’s fees, expert witness fees, and costs, to a prevailing employee.
(d) Punitive Damages. Punitive damages under subsection (c)(4) may not exceed the greater of —
(1) 10 times the compensatory award; or
(2) $500,000 per plaintiff, or $10,000,000 in the aggregate against a single defendant in a consolidated or class proceeding arising from a common pattern or practice.
(e) Statute of Limitations. An action under this section shall be commenced not later than 3 years after the date the employee knew or should have known of the violation.
(f) Waiver Prohibited. The rights and remedies of this section may not be waived, and no predispute arbitration agreement or joint-action waiver shall be enforceable with respect to a claim under this Act, consistent with chapter 4 of title 9, United States Code, as construed to protect concerted legal activity.
TITLE III — RAPID EMPLOYEE PROTECTION SYSTEM (REPS)
SEC. 301. ESTABLISHMENT.
(a) In General. Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Board, shall establish and operate a secure electronic and telephonic system, to be known as the Rapid Employee Protection System, through which workers may —
(1) register, anonymously or by name, and create a secure account;
(2) document suspected workplace rights violations, with government-verified timestamps applied to each entry;
(3) file charges, complaints, and petitions for emergency relief under this Act; and
(4) receive real-time information on the status of any matter they have filed.
(b) Interagency Support. The Secretary may enter into agreements with the Commissioner of Internal Revenue, the Commissioner of Social Security, and the heads of other Federal agencies to use existing identity-verification and secure-communication infrastructure in operating REPS, subject to section 6103 of the Internal Revenue Code of 1986, the Privacy Act of 1974 (5 U.S.C. 552a), and all other applicable privacy laws. No agency shall use information obtained through REPS for any purpose other than administration of this Act.
(c) Accessibility. REPS shall be accessible by mobile device and telephone, available in the languages most commonly spoken by the covered workforce, and compliant with section 508 of the Rehabilitation Act of 1973.
SEC. 302. ANONYMITY AND WORKER CONTROL.
(a) Anonymous Registration. A worker may register with and document violations through REPS without disclosing the worker’s identity to any employer. The worker shall retain sole control over the timing and extent of any disclosure of the worker’s identity, except as required by the Constitution in a criminal proceeding.
(b) Confidentiality. Information identifying a REPS registrant shall be exempt from disclosure under section 552 of title 5, United States Code, and may not be disclosed to any employer without the registrant’s written consent, except pursuant to a court order upon a showing of compelling need.
(c) Evidentiary Status. In any proceeding under this Act —
(1) documentation entered into REPS shall be admissible, subject to the applicable rules of evidence; and
(2) a government-verified timestamp shall be self-authenticating as to the date and time the entry was made, creating a rebuttable presumption that the entry was made on that date — not a presumption as to the truth of its contents, which shall be weighed by the finder of fact.
SEC. 303. PROTECTION OF REPS PARTICIPANTS.
(a) Prohibited Acts. It shall be an unfair labor practice under section 8(a) of the National Labor Relations Act, and a workplace rights violation under this Act, for any employer —
(1) to attempt to identify an anonymous REPS registrant;
(2) to discharge, discipline, or otherwise discriminate against a worker because of the worker’s actual or suspected registration with or use of REPS; or
(3) to interfere with a worker’s documentation of workplace conditions through REPS.
(b) Presumption of Retaliation. In any proceeding under this Act, materially adverse action taken against a worker within 90 days after the worker’s protected activity, including REPS activity known to or suspected by the employer, shall give rise to a rebuttable presumption of retaliation. The employer may rebut the presumption only by demonstrating, by clear and convincing evidence, that it would have taken the same action in the absence of the protected activity.
SEC. 304. STATE EMPLOYEE PROTECTION SYSTEMS.
(a) Certification. The Secretary shall certify a State-operated employee protection system that provides anonymity protections, enforcement timelines, and remedies at least as protective as those of this Act. The Secretary may make grants from the Fund to States to develop such systems.
(b) Worker Option. A worker in a State with a certified system may elect to proceed under the State system, the Federal system, or (subject to section 204(b)(1)) both.
SEC. 305. WORKER EDUCATION.
(a) In General. The Secretary shall conduct a continuing public education program, funded from the Fund, informing workers of their rights under this Act and the National Labor Relations Act, including through plain-language online resources and community-based “Know Your Rights” partnerships.
(b) Informal Concerted Activity. Materials under this section shall explain, in plain language, that concerted activity by two or more employees — including informal discussion of wages, hours, or working conditions, sometimes described as a “break room union” — is protected by section 7 of the National Labor Relations Act to the same extent as activity through a formal labor organization.
TITLE IV — EMERGENCY RELIEF AND TEMPORARY REINSTATEMENT
SEC. 401. TEMPORARY REINSTATEMENT.
(a) Application. An employee who alleges discharge or suspension because of protected activity may apply, through REPS or directly to the Board, for temporary reinstatement.
(b) Expedited Determination. Not later than 7 days after receipt of an application, the Board shall hold an expedited hearing, and not later than 14 days after receipt, shall order temporary reinstatement if the Board finds that the application was not frivolously brought and states a prima facie claim that the discharge or suspension was because of protected activity. Temporary reinstatement shall include restoration of pay, benefits, and seniority, and shall remain in effect pending final disposition.
(c) Alternative Relief. If the Board finds reinstatement impracticable or contrary to the employee’s interest, the Board shall instead order continuation of pay and benefits pending final disposition.
(d) Judicial Backstop. If the Board fails to act within the period specified in subsection (b), the employee may petition any district court of the United States of competent jurisdiction for the same relief, and the court shall hear the petition on an expedited basis.
SEC. 402. INJUNCTIVE RELIEF.
(a) Mandatory 10(j) Petitions. Whenever a charge alleges discharge or serious economic retaliation for protected activity and the Board’s investigation establishes reasonable cause, the Board shall petition for interim relief under section 10(j) of the National Labor Relations Act (29 U.S.C. 160(j)) on a priority basis.
(b) Preservation Orders. In any proceeding under this Act, a court may enter orders, including on an expedited basis after notice and opportunity to be heard (or, where notice would result in destruction of evidence or immediate irreparable harm and the requirements of Rule 65(b) of the Federal Rules of Civil Procedure are satisfied, ex parte), to preserve evidence, prevent imminent retaliation, and protect witnesses.
SEC. 403. RAPID RESOLUTION TIMELINES.
(a) In General. In any proceeding under this Act before the Board:
(1) an initial hearing shall be held not later than 14 days after issuance of a complaint;
(2) discovery, where permitted, shall close not later than 45 days after issuance of a complaint;
(3) a decision shall issue not later than 90 days after issuance of a complaint, except that the deadline may be extended for good cause stated on the record or by agreement of the parties.
(b) Consequence of Delay. If the Board fails to meet a deadline under subsection (a) other than by agreement of the parties, the charging party may remove the matter to district court under section 204(b)(2), and the Board shall report the delay, and its cause, to Congress within 7 days.
SEC. 404. EMERGENCY ECONOMIC RELIEF.
(a) Interim Assistance. Upon a prima facie showing of retaliatory discharge, the Secretary shall, from the Fund and within 7 days, provide the affected worker —
(1) interim income assistance equal to the worker’s regular wages, for up to 26 weeks or until final disposition, whichever is earlier;
(2) payment of health-coverage continuation premiums under COBRA or an equivalent; and
(3) emergency housing assistance where discharge threatens loss of housing.
(b) Reimbursement. Amounts paid under subsection (a) shall be recovered from the employer, and restored to the Fund, upon a final finding of violation; and shall be treated as an offset against back pay otherwise owed to the worker, so that the worker is made whole but not paid twice.
(c) Legal Assistance. The Secretary shall, from the Fund, make grants to qualified nonprofit legal-services providers to represent workers in proceedings under this Act without charge.
TITLE V — WORKPLACE PRIVACY PROTECTION
SEC. 501. PROHIBITED SURVEILLANCE.
(a) In General. It shall be unlawful for a covered employer, directly or through any agent or automated system —
(1) to conduct surveillance of, or collect data concerning, employees’ protected activity, or to use any electronic monitoring tool for the purpose of identifying employees engaged in protected activity;
(2) to monitor employees’ personal communications, personal social-media activity, or personal devices outside working time, except with the employee’s informed, voluntary, written consent for a legitimate purpose unrelated to protected activity;
(3) to install or use software on any device for the purpose of detecting protected activity; or
(4) to purchase from any third party data revealing employees’ protected activity.
(b) Rule of Construction. Nothing in this section prohibits monitoring that is narrowly tailored to a legitimate business purpose — including security, safety, or legal compliance — that is disclosed in writing to employees in advance, and that is not directed at protected activity.
SEC. 502. PENALTIES.
(a) Civil. A violation of section 501 is a workplace rights violation subject to title II.
(b) Criminal. Any person who willfully violates section 501 for the purpose of retaliating against, or chilling, protected activity shall be fined under title 18, United States Code (or, in the case of an organization, not more than $1,000,000 per violation), imprisoned not more than 3 years, or both.
(c) Compliance Officer. A court may, as a condition of probation for an organizational defendant, require the appointment of an independent privacy-compliance monitor at the defendant’s expense.
(d) Supervisory Disqualification. A court may prohibit an individual convicted under subsection (b) from exercising personnel or surveillance authority over employees for a period of not more than 10 years.
SEC. 503. TRANSPARENCY AND AUDITS.
(a) Disclosure. A covered employer that electronically monitors employees shall annually disclose to employees, in plain language, each form of monitoring used, the data collected, and the purposes of collection.
(b) Audits. A covered employer with 500 or more employees shall obtain an independent audit of its monitoring practices for compliance with this title every 2 years, and one with 100 to 499 employees every 3 years, and shall retain the audit for inspection by the Secretary. The Secretary may order an audit of any covered employer upon complaint and reasonable cause.
TITLE VI — DUE PROCESS IN EMPLOYMENT DECISIONS
SEC. 601. FAIR PROCESS BEFORE DISCHARGE INVOLVING PROTECTED ACTIVITY.
(a) Covered Discharges. This section applies to the discharge of any employee who, within the preceding 180 days, has engaged in protected activity known to the employer, or where the stated or apparent grounds for discharge arise from conduct that constitutes protected activity.
(b) Required Process. Before effecting a covered discharge, the employer shall provide the employee —
(1) written notice of the specific grounds for the proposed discharge;
(2) copies of the documents on which the employer relies;
(3) a reasonable opportunity, not less than 5 business days, to respond in writing or at a meeting, with a representative of the employee’s choosing present if requested; and
(4) review of the decision by a person not involved in the underlying dispute.
(c) Effect of Noncompliance. Failure to provide the process required by subsection (b) shall create a rebuttable presumption, in any proceeding under this Act, that the discharge was because of protected activity.
(d) Rule of Construction. This section does not establish a general “just cause” requirement, does not apply to layoffs for demonstrable economic reasons unconnected to protected activity, and does not diminish any greater protection provided by contract, collective bargaining agreement, or State law.
SEC. 602. BURDEN OF PROOF.
In any proceeding under this Act in which an employee demonstrates that protected activity was a contributing factor in an adverse employment action, relief shall be ordered unless the employer demonstrates, by clear and convincing evidence, that it would have taken the same action in the absence of the protected activity.
SEC. 603. REMEDIES.
An employee discharged in violation of this Act shall be entitled to immediate reinstatement with full back pay and interest, restoration of seniority and benefits, compensation for lost promotion opportunities, damages for demonstrated emotional distress, and the remedies of section 204.
TITLE VII — VISA PROGRAM INTEGRITY AND PROTECTION OF THE DOMESTIC WORKFORCE
SEC. 701. ENHANCED PENALTIES FOR EMPLOYER VISA FRAUD.
(a) Criminal Penalties. Any employer, or agent, attorney, or recruiter acting on behalf of an employer, who willfully commits fraud or material misrepresentation in connection with a petition or application under an employment-based visa program shall be fined not more than $5,000,000 per violation (or, for an organization, the greater of that amount or twice the gross gain), imprisoned not more than 10 years, or both.
(b) Wage Obligations. An employer that willfully pays a nonimmigrant worker less than the wage required under the applicable visa program shall be liable for —
(1) criminal fines of not more than 10 times the amount of the underpayment, and imprisonment of not more than 10 years for willful and systematic violations;
(2) full restitution of the underpayment to the worker; and
(3) forfeiture of proceeds traceable to the violation, in accordance with chapter 46 of title 18, United States Code.
(c) Debarment. An employer convicted under this section shall be debarred from all employment-based visa programs for not less than 5 years, and permanently upon a second conviction.
SEC. 702. REMEDIES FOR AFFECTED WORKERS.
(a) Displaced United States Workers. A United States worker displaced, or whose wages were suppressed, as a direct result of a violation of section 701 may bring a civil action against the violating employer for back pay, lost benefits and seniority, consequential damages, and, for willful violations, liquidated damages equal to twice back pay, plus attorney’s fees and costs.
(b) Defrauded Visa Workers. A nonimmigrant worker who is a victim of, or a cooperating witness concerning, a violation of section 701 —
(1) shall be eligible for continued employment authorization and deferred action during the pendency of the investigation and any proceeding; and
(2) shall not be removed from the United States solely by reason of status violations arising from the employer’s fraud.
(c) Rule of Construction. Nothing in this title shall be construed to reduce the procedural rights of any person under the immigration laws, including the right to removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
SEC. 703. ENFORCEMENT RESOURCES.
There are authorized to be appropriated, for each of fiscal years 2027 through 2031 —
(1) $500,000,000 to the Department of Labor and the Department of Justice, jointly, for investigation and prosecution of violations of this title;
(2) $200,000,000 for restitution administration under section 702; and
(3) $100,000,000 for protection of whistleblowers under this title.
TITLE VIII — NATIONAL LABOR RELATIONS BOARD CAPACITY AND INDEPENDENCE
SEC. 801. STAFFING AND CAPACITY.
(a) Staffing Standard. The Board shall maintain, subject to appropriations under this Act, staffing sufficient to achieve a ratio of not fewer than 1 full-time-equivalent employee per 25,000 covered workers, and a field structure sufficient to provide meaningful access in every region of the United States.
(b) Annual Certification. The Board shall annually certify to Congress its staffing ratio, median case processing times, and case backlog, and, where any target under this title is not met, the additional resources required to meet it.
SEC. 802. FUNDING.
(a) Authorization. There are authorized to be appropriated to the Board $2,000,000,000 for each of fiscal years 2027 through 2031, of which not less than $500,000,000 shall be for case-processing technology and modernization and not less than $200,000,000 for worker outreach and education.
(b) Supplemental Mandatory Funding. In addition to amounts appropriated, the Board may draw from the Worker Protection Fund, without further appropriation, such sums as are necessary to meet the timelines of section 403 and title IV in any fiscal year in which appropriated funds are insufficient, not to exceed $500,000,000 per fiscal year.
SEC. 803. BOARD INDEPENDENCE.
(a) Removal Protection. Section 3(a) of the National Labor Relations Act (29 U.S.C. 153(a)) is amended to provide that a member of the Board may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office, after notice and hearing.
(b) Qualifications. Members of the Board shall have demonstrated expertise in labor law or labor-management relations.
(c) Severability. If the removal protection in subsection (a) is held unconstitutional, the remainder of this Act, and the remainder of the amendments made by this Act, shall be unaffected.
SEC. 804. CASE PROCESSING TIMELINES.
The Board shall resolve —
(1) applications for temporary reinstatement within the deadlines of section 401;
(2) unfair labor practice complaints within the deadlines of section 403;
(3) representation election disputes within 90 days; and
(4) complex consolidated matters within 120 days, upon good cause stated on the record —
and shall publish quarterly performance data against each deadline.
TITLE IX — FREEDOM FROM COERCION; INFORMAL CONCERTED ACTIVITY
SEC. 901. PROTECTION FROM COERCION BY ANY PARTY.
(a) Employer Coercion. The prohibitions of this Act apply to threats, economic pressure, and retaliation by employers directed at suppressing protected activity, including activity of workers who choose to act through a labor organization and workers who choose to act without one.
(b) Labor Organization Coercion. It shall be unlawful for a labor organization or its agents to restrain or coerce an employee in violation of section 8(b)(1) of the National Labor Relations Act (29 U.S.C. 158(b)(1)), including by violence, threat of violence, or material misrepresentation of membership obligations. A violation of this subsection shall be subject to civil penalties of not more than $100,000 per violation, and not more than $500,000 for a pattern or practice, deposited in the Fund.
(c) Savings Clause. Nothing in this Act shall be construed to affect the validity of agreements authorized by section 8(a)(3) of the National Labor Relations Act, or to diminish any right guaranteed by section 7 of that Act, including the right to refrain from concerted activity to the extent provided by that section.
SEC. 902. INFORMAL CONCERTED ACTIVITY (“BREAK ROOM UNIONS”).
(a) Declaration. Congress reaffirms that concerted activity by two or more employees — including informal discussion of wages, hours, or working conditions, whether or not any labor organization is involved — is protected by section 7 of the National Labor Relations Act to the same extent as activity undertaken through a formal labor organization, and that retaliation for such activity is an unfair labor practice and a workplace rights violation under this Act.
(b) Notice Posting. Each covered employer shall post, physically and electronically, a notice prescribed by the Board describing the rights protected by section 7 of the National Labor Relations Act and this Act, including the protection of informal concerted activity and the availability of REPS. Failure to post shall toll all limitations periods under this Act and constitute evidence of willfulness.
(c) Manager Training. Each covered employer with 100 or more employees shall provide annual training to supervisors on the protections described in this section, and shall reflect those protections in any employee handbook it maintains.
TITLE X — GENERAL PROVISIONS
SEC. 1001. REGULATIONS.
The Secretary of Labor and the Board shall each issue implementing regulations within 180 days after the date of enactment, including procedural rules for emergency relief, penalty guidelines, privacy-compliance requirements, and REPS operating rules.
SEC. 1002. WORKER PROTECTION FUND.
(a) Establishment. There is established in the Treasury a Worker Protection Fund, into which shall be deposited all civil penalties collected under this Act, amounts recovered under section 404(b), and such sums as are appropriated to the Fund.
(b) Uses. Amounts in the Fund shall be available, without fiscal-year limitation, for emergency economic relief under section 404, REPS operations, worker education under section 305, State grants under section 304, legal-assistance grants under section 404(c), and supplemental Board funding under section 802(b).
SEC. 1003. RELATIONSHIP TO OTHER LAW.
(a) No Preemption of Stronger Protections. Nothing in this Act preempts or limits any State or local law, or any contract or collective bargaining agreement, that provides greater protection to workers.
(b) Cumulative Remedies. The rights and remedies of this Act are in addition to, and not in lieu of, those available under any other law, subject to the bar on duplicative recovery in section 204(b)(1).
SEC. 1004. OVERSIGHT AND REPORTING.
The Secretary and the Board shall jointly report to Congress annually on implementation, enforcement outcomes, timeline compliance, Fund balances and expenditures, and recommended improvements; and the committees of jurisdiction shall conduct biennial oversight hearings.
SEC. 1005. SEVERABILITY.
If any provision of this Act, or any amendment made by this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, the amendments made by this Act, and the application of the provision to other persons or circumstances shall not be affected.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts authorized under titles VII and VIII, there are authorized to be appropriated for each of fiscal years 2027 through 2031 —
(1) $300,000,000 for REPS development and operations;
(2) $250,000,000 for the Worker Protection Fund, in addition to penalty deposits;
(3) $200,000,000 for worker education and outreach; and
(4) $50,000,000 for research and evaluation, including the reports required by section 1004.
SEC. 1007. EFFECTIVE DATES.
(a) In General. This Act shall take effect 180 days after the date of enactment.
(b) Exceptions.
(1) Titles II and IV (penalties, remedies, and emergency relief) shall take effect 90 days after enactment.
(2) Sections 802, 1002, and 1006 (funding provisions) shall take effect on the date of enactment.
(3) Title III (REPS) shall take effect upon certification by the Secretary that the system is operational, but not later than 1 year after enactment; until such certification, filings under this Act may be made directly with the Board or the Secretary.
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