Enforcement by the Secretary of Labor

The Fair Labor Standards Act of 1938 is amended— (1) in section 9 (29 U.S.C. 209), by striking or investigation and inserting, investigation, or inspection; (2) in section 11 (29 U.S.C. 211), by adding at the end the following: (e) (1) The Secretary, acting through the Director of the Fairness and Transparency Division, shall, as provided in subsection (a) and paragraph (2), investigate violations of section 102 of the Warehouse Worker Protection Act, including any violations of any regulation or order issued with respect to that section. (2) In addition to powers otherwise provided to the Secretary under subsection (a), the Secretary, in investigating violations of section 102 of the Warehouse Worker Protection Act, may upon presenting appropriate credentials to the owner, operator, or agent in charge— (A) enter without delay and at reasonable times any covered facility of a covered employer; and (B) inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such covered facility and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and to question privately any such covered employer, owner, operator, agent, or covered employee. (3) (A) In conducting an inspection during an investigation into a violation of section 102 of the Warehouse Worker Protection Act, the Secretary shall permit, at the request of a covered employee, a representative of a labor organization or a worker advocacy organization, or another designee of the covered employee, to accompany any inspectors during such inspection. (B) A covered employee may, regardless of the relationship between the covered employee and the labor organization, worker advocacy organization, or other designee, anonymously request to the Secretary that the Secretary permit a representative of such labor organization, worker advocacy organization, or other designee accompany inspectors during an inspection in accordance with paragraph (1). (f) (1) Not later than 30 days after an event described in paragraph (2), the Secretary shall open an investigation under this section (that includes an on-site inspection) into any covered employer to determine if such covered employer is violating section 102 of the Warehouse Worker Protection Act. (2) An event described in this paragraph is, with respect to a covered employer, either of the following: (A) The Secretary determines that the covered employer— (i) has an annual total of employee work hours that is not less than 40,000 hours; and (ii) has an annual employee injury rate, overall or at a worksite, that is not less than 1.5 times the warehousing industry’s average annual injury rate, as determined by the Bureau of Labor Statistics in the most recent (as of such determination) publication regarding fatal and nonfatal occupational injuries and illnesses data. (B) The Secretary receives, during any one-year period, not less than— (i) 5 credible complaints from covered employees of the covered employer, individuals who were covered employees of the covered employer, or designated representatives of such covered employees or individuals, about violations under section 102 of the Warehouse Worker Protection Act at a worksite; or (ii) 10 credible complaints from covered employees of the covered employer, individuals who were covered employees of the covered employer, or designated representatives of such covered employees or individuals, about such violations at multiple worksites operated by the covered employer. (3) In conducting an investigation under paragraph (1), the Secretary shall select representatives of a labor organization or a worker advocacy organization who have specific knowledge of the relevant industry to conduct outreach to workers with respect to such investigation and aid and accompany investigators in such investigation. (g) For purposes of subsections (e) and (f), the terms ‘covered employee’, ‘covered employer’, and ‘covered facility’ have the meanings given such terms in section 102(a) of the Warehouse Worker Protection Act.. (3) in section 15(a) (29 U.S.C. 215(a))— (A) in paragraph (5), by striking; and and inserting a semicolon; (B) in paragraph (6), by striking the period at the end and inserting; and; and (C) by adding at the end the following: (7) to violate any of the provisions of section 102 of the Warehouse Worker Protection Act.; and (4) in section 16 (29 U.S.C. 216)— (A) in subsection (b)— (i) by inserting or section 102 of the Warehouse Worker Protection Act after 18D each place it appears; (ii) in the second sentence— (I) by striking of this Act shall and inserting shall; and (II) by inserting and, in the case of a violation of section 102 of the Warehouse Worker Protection Act, of an amount for the direct or foreseeable pecuniary harms resulting from the violation and an amount equal to $10,000 per violation of subsection (b), (d), (e), (f), or (g) of such section or an amount equal to $25,000 per violation of subsection (c), (h), or (i) of such section before the period at the end of the sentence; and (iii) in the fifth sentence, by striking No and inserting Except with respect to an action brought regarding a violation of section 102 of the Warehouse Worker Protection Act, no; (B) in subsection (e)— (i) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; (ii) by inserting after paragraph (2), the following: (3) Any person who violates section 102 of the Warehouse Worker Protection Act shall be subject to a civil penalty— (A) in an amount not more than $76,987 per violation; or (B) for repeat or willful violations, in an amount not more than $769,870 per violation.; and (iii) in paragraph (4)(C), as so redesignated, by striking section 15(a)(4) and inserting paragraph (4) or (7) of section 15(a); and (C) by adding at the end the following: (f) Administrative complaints regarding warehouse worker protections (1) In general A covered employee or an individual who was a covered employee may— (A) file a complaint of a violation of section 102 of the Warehouse Worker Protection Act with the Secretary; and (B) designate a representative of a labor organization or worker advocacy organization, regardless of the relationship between the covered employee or individual and the labor organization or worker advocacy organization, to— (i) file the complaint on behalf of the covered employee or individual; or (ii) represent the covered employee or individual for purposes of engagement with the Secretary regarding such complaint, including being present at employee interviews and participating in workplace inspections, conferences, and settlement negotiations. (2) Definition of covered employee For purposes of paragraph (1), the term covered employee has the meaning given such term in section 102(a) of the Warehouse Worker Protection Act. (g) Exemption from the federal arbitration act regarding warehouse worker protections (1) In general Notwithstanding chapter 1 of title 9, United States Code (commonly known as the Federal Arbitration Act), no predispute arbitration agreement or predispute joint-action waiver (as those terms are defined in section 401 of title 9, United States Code) shall be valid or enforceable with respect to claims arising under this Act for violations of section 102 of the Warehouse Worker Protection Act. (2) Arbitration pursuant to a collective bargaining agreement Nothing in this subsection shall limit the enforceability of any arbitration provision in a collective bargaining agreement between a covered employer (as defined in section 102(a) of the Warehouse Worker Protection Act) and a labor organization. (h) Exception from class action prerequisites for actions regarding warehouse worker protections An employee who brings an action for a violation of section 102 of the Warehouse Worker Protection Act on behalf of employees similarly situated shall be considered to have satisfied paragraphs (1) through (4) of rule 23(a) of the Federal Rules of Civil Procedure for purposes of such an action..