Transparency

(a) Disclosures to workers (1) Notice of electronic monitoring and automated decision systems (A) In general A covered digital labor platform provider that uses or intends to use an electronic monitoring tool or automated decision system shall, in accordance with subparagraph (B), provide to each app-based worker and applicant of the covered digital labor platform provider who is, or will be, subject to the electronic monitoring tool or automated decision system a notice that provides— (i) a description of how any electronic monitoring tool or automated decision system will be used by the covered digital labor platform provider; (ii) a description of the data intended to be or actually collected by the electronic monitoring tool or used in an automated decision system; (iii) in the case of the use of an electronic monitoring tool— (I) a description of any activity, location, communication, task, or job role that will be electronically monitored by the electronic monitoring tool; (II) whether, how, and what data collected using the electronic monitoring tool will be used as an input in an automated decision system; (III) whether, how, and what data collected using an electronic monitoring tool will be used (whether used with or without an automated decision system) to make, or assist in making, decisions regarding the compensation of an app-based worker or applicant and offers or assignments of work for the app-based worker or applicant; and (IV) a description of where any data collected by the electronic monitoring tool will be stored, the length of time the data will be retained, who may access the data, and how the data may be accessed by a person who is authorized to access the data; (iv) in the case of the use of an automated decision system— (I) a description of the methods, processes, inputs, attributes, and data that the covered digital labor platform provider uses or intends to use, through the automated decision system, to determine or assist in determining the compensation of the app-based worker or applicant, including pay rates, assignments, bonuses, or other benefits; and (II) a description of the categories of data and the main parameters of that data for the automated decision system and the relative importance and weights of the main parameters in the automated decision system for purposes of creating inferences or making work-related decisions regarding the app-based worker or applicant, including how data regarding the app-based worker or applicant (including regarding attributes of the worker or applicant) will influence automated decision system outputs or the outcome of any work-related decision and whether (and, if so, how) the automated decision system outputs will be individualized for the app-based worker or applicant; (v) the methods, processes, inputs, attributes, or data by which the covered digital labor platform provider determines the amount charged to a consumer for any good or service provided through the covered digital labor platform and the relative weights of such methods, processes, inputs, attributes, or data in such determination; (vi) the methods, processes, inputs, attributes, or data by which the covered digital labor platform provider determines how, whether, and when to provide the app-based worker with a work assignment and what work assignment the covered digital labor platform provider will offer or provide to the app-based worker; and (vii) the specific grounds, conditions, and reasons for which a covered digital labor platform provider may take any adverse action with respect to the app-based worker. (B) Timing A notice under subparagraph (A) shall be provided— (i) with respect to any applicant, at a time that is after the applicant has signed up for, applied for, activated, or created an account and before the applicant performs any work or provides any service for remuneration for the covered digital labor platform provider or on or through a covered digital labor platform; (ii) with respect to an app-based worker— (I) for any electronic monitoring tool or automated decision system that is in effect on the day before the date of enactment of this Act, not later than the later of— (aa) 30 days after the date on which a final rule to carry out this section takes effect; or (bb) 180 days after the date of enactment of this Act; or (II) for any other electronic monitoring tool or automated decision system, as soon as practicable, but not less than 96 hours before the electronic monitoring tool or automated decision system takes effect with respect to that app-base worker; (iii) annually to each app-based worker who performed work on or through the covered digital labor platform of the covered digital labor platform provider during the year preceding the date the notice is provided; (iv) in the app-based worker’s primary language; and (v) to an app-based worker or applicant not later than 5 business days after any request by the app-based worker or applicant. (2) Comprehensive and detailed use notice (A) In general A covered digital labor platform provider that uses an electronic monitoring tool or automated decision system to make or assist in making a work-related decision with respect to an app-based worker that substantially impacts the compensation or work assignments of the app-based worker or the access of the app-based worker to the covered digital labor platform shall, as described in subparagraph (B), provide to the app-based worker a notice that includes— (i) a description of the data and attributes used in the work-related decision with respect to the app-based worker; (ii) in the case of the use of an automated decision system, a description of the inputs for the automated decision system and the weight of each for purposes of the work-related decision, the automated decision system outputs with respect to that work-related decision, and the method by which the worker can obtain the range of possible outputs, including aggregate output statistics; and (iii) the metadata used for the work-related decision, including for each variable of the metadata the name, attribute, value, what the variable captures, and examples of the values it captures. (B) Timing A notice under subparagraph (A) shall be provided to an app-based worker— (i) not later than 5 business days after the initial request by the app-based worker for the notice; and (ii) if the app-based worker requests subsequent notices on an ongoing basis, not more than 48 hours after the covered digital labor platform provider uses an electronic monitoring tool or automated decision system with respect to the app-based worker as provided in subparagraph (A). (3) Additional disclosures Before the first time that an app-based worker performs any work or provides any service for remuneration on or through a covered digital labor platform or, in the case of an app-based worker who has already performed such work or provided such services on or before the date of enactment of this Act, not later than 365 days after the date of enactment of this Act, the covered digital labor platform provider shall notify the app-based worker of— (A) all required disclosures and the obligations of the covered digital labor platform under this Act; and (B) all other applicable minimum pay and benefits standards that apply to the app-based worker. (4) Itemized receipts (A) In general At the end of each work assignment of an app-based worker, the covered digital labor platform provider shall disclose to the app-based worker each component of the pay of the app-based worker, including, to the extent applicable and as further defined and delimited through regulations promulgated by the Secretary— (i) the total amount paid by the consumer to the covered digital labor platform provider for the work assignment performed by the app-based worker exclusive of any tip provided to the app-based worker as described in clause (ii); (ii) the amount of any tip paid by the consumer through the covered digital labor platform provider as gratuity for the work of the app-based worker; (iii) the amount paid to the app-based worker by the covered digital labor platform provider excluding the tip described in clause (ii) and any reimbursement by the provider of costs incurred by the app-based worker; (iv) the take rate for the work assignment; (v) the total distance traveled by the app-based worker for the work assignment in miles; (vi) whether the work assignment contributed to or was related to a bonus or other incentive for the app-based worker; (vii) total time worked by the app-based worker for the work assignment; and (viii) information on whether that work assignment was offered to any other app-based worker, and if so, the amount of compensation offered to the other app-based worker. (B) Update of disclosure A covered digital labor platform provider that provides a disclosure under subparagraph (A) may update the disclosure for a period of not more than 48 hours after the disclosure is provided to the app-based worker. (5) Weekly pay statements Not less often than once a week, each covered digital labor platform provider shall disclose to each app-based worker of the covered digital labor platform provider each component of pay of the app-based worker for the week (referred to in this paragraph as the covered week), including, to the extent applicable and as further defined and delimited through regulations promulgated by the Secretary— (A) the total amount paid to the app-based worker by the covered digital labor platform provider during the covered week excluding the amount of any tips paid to the app-based worker and any reimbursement by the provider of costs incurred by the app-based worker; (B) the total amount paid to the covered digital labor platform provider for all work assignments by the app-based worker during the covered week by all consumers, excluding any tips paid to the app-based worker; (C) the weekly average take rate for all consumer payments for all work assignments of the app-based worker; (D) the total amount of tips paid by consumers to the app-based worker for work assignments in the covered week; (E) the total amount of compensation paid by the covered digital labor platform provider to the app-based worker for work assignments in the covered week, including any amount provided as a tip; (F) the number of work assignments completed by the app-based worker in the covered week; (G) the total amount of time on task by the app-based worker in the covered week; (H) the total time worked by the app-based worker in the covered week; (I) the hourly wage of the app-based worker, expressed as the ratio of the amount described in subparagraph (A) to the amount of time described in subparagraph (H); (J) the total miles traveled for time worked and time on task by the app-based worker in the covered week; and (K) for each work assignment offered by the covered digital labor platform provider to the app-based worker that was not completed by the app-based worker in the covered week, the amount of compensation offered. (6) Format Each notice, disclosure, or notification under this subsection shall be provided in the form and manner described in regulation by the Secretary, including that the notice, disclosure, or notification is provided— (A) in an electronic document that is machine readable; (B) in an easily accessible form, including on the account of an app-based worker or applicant (regardless of whether the covered digital labor platform provider has deactivated, suspended, or terminated the app-based worker) or posted on the covered digital labor platform, and available to download; (C) in a manner that enables the app-based worker or applicant to read, review, save, and reasonably access the notice, disclosure, or notification for not less than 48 months after the date on which the notice, disclosure, or notification was provided; (D) in a manner that ensures the information in the notice, disclosure, or notification is clearly and effectively communicated, including in the language the app-based worker identifies as their primary language; and (E) as applicable, through a posting on the covered digital labor platform in English and any other language that more than 20 percent of app-based workers of the relevant covered digital labor platform provider identify as their primary language. (b) Disclosures to consumers At the end of each work assignment of an app-based worker, the covered digital labor platform provider shall disclose, through electronic correspondence, to the consumer with respect to the work assignment, to the extent applicable and as further defined and delimited through regulations promulgated by the Secretary— (1) the total amount paid by the consumer for the work assignment, excluding any tip; (2) the amount added as a tip from the consumer and any reimbursement by the provider of costs incurred by the app-based worker; (3) the amounts paid to the app-based worker by the covered digital labor platform provider, excluding the amount described in paragraph (2); and (4) the take rate for the work-assignment. (c) Additional disclosures (1) Reporting to the agency On a quarterly basis and in accordance with any rule prescribed by the Secretary, each covered digital labor platform provider shall electronically disclose to the Secretary— (A) copies of the notices required under subsection (a)(1); (B) aggregated app-based worker data regarding the information required to be provided to all app-based workers of the covered digital platform provider through the disclosures under subsection (a)(5) during the relevant quarter; (C) the aggregated app-based worker data described under subparagraph (B), disaggregated by State and by certain metropolitan statistical areas (as identified by the Office of Management and Budget) selected, through regulations by the Secretary, based on geographic distribution across the regions of the United States, including in the Northeast, South, Midwest, and West; (D) the demographic data of app-based workers who completed a work assignment during the relevant quarter, based on self-reporting by app-based workers, as described in section 5(b); (E) hourly wage data for app-based workers disaggregated by worker demographic; and (F) any fees charged by the covered digital labor platform provider to an app-based worker in order to perform work, receive compensation for work, or provide services on or through the covered digital labor platform. (2) Publication (A) Publication by covered digital labor platform provider Each covered digital labor platform provider shall publish the data disclosed under paragraph (1), in an anonymized manner, on a public internet website of the covered digital labor platform provider in a machine readable and searchable format. (B) Publication by secretary Not later than February 15 of each year, the Secretary shall make the data disclosed under paragraph (1) for the preceding calendar year, available to the public, which shall include posting the information, in an anonymized manner, on a public internet website of the Secretary in a searchable and downloadable format. (C) Regulations The Secretary shall issue regulations detailing and defining requirements with respect to the publications under subparagraphs (A) and (B) to ensure the accessibility and usability of the information in the publications and protect the anonymity of each app-based worker.