Accountability

(a) Take rate cap (1) In general A covered digital labor platform provider that offers a consumer on-demand transportation services may not charge in excess of a 25 percent take rate for such service. (2) Take rate offset limitation A covered digital labor platform provider described in paragraph (1) may not impose a fee on an app-based worker unless the ratio of the amount that is paid by a consumer (exclusive of any tip) with respect to a work assignment and is not provided to an app-based worker as remuneration to the amount that is the total amount paid by the consumer (exclusive of any tip) with respect to such work assignment plus the amount of such fee (or a pro rata amount of such fee if the fee is paid in a lump sum) is not more than 25 percent. (b) Request for voluntary disclosures Notwithstanding subsection (d), a covered digital labor platform provider shall provide every app-based worker of the covered digital labor platform provider an opportunity to disclose, subject to regulations promulgated by the Secretary in consultation with the Equal Employment Opportunity Commission, demographic data in a manner that protects the privacy of the app-based worker. (c) Individualized algorithmic wage setting (1) Equal pay for equal work A covered digital labor platform provider may not offer an amount of compensation for a work assignment to an app-based worker that is different than the amount of compensation that was offered to another app-based worker for any substantially similar or comparable tasks unless the covered digital labor platform provider can clearly demonstrate that the difference in offered compensation is— (A) based on cost differentials between the specific workers for performing the tasks involved in the work assignment; or (B) otherwise required by a collective bargaining agreement that applies to the app-based worker or the other app-based worker. (2) Surveillance wage setting A covered digital labor platform provider may not use individualized data with respect to an app-based worker as an input in an automated decision system for purposes of informing compensation decisions for work assignments for the app-based worker or use any automated decision system output for such purposes if the output relied on or included such individualized data, unless the covered digital labor platform provider can clearly demonstrate that— (A) (i) any difference between the amount of compensation offered for the work assignment and the amount of compensation that was offered to another app-based worker for any substantially similar or comparable tasks is, in accordance with paragraph (1)(A), based on cost differentials between the specific workers for performing the tasks involved in the work assignment; and (ii) such data is directly related to the tasks involved in the work assignment; or (B) any difference between the amount of compensation offered for the work assignment and the amount of compensation that was offered to another app-based worker for any substantially similar or comparable tasks is, in accordance with paragraph (1)(B), otherwise required by a collective bargaining agreement that applies to the app-based worker or the other app-based worker. (3) Exception This subsection shall not apply with respect to an app-based worker of a covered digital labor platform provider if the covered digital labor platform provider plays no role in setting or determining— (A) the pay rate of the app-based worker; and (B) the amount charged to a consumer for services provided by the app-based worker. (d) Data processing limitations A covered digital labor platform provider may not— (1) use electronic monitoring, an automated decision system, or worker data to infer immigration status, political opinion, religious or philosophical beliefs, disability status, health status or history, emotional or psychological state, sexual or gender orientation, or union sympathy or likelihood of organizing or otherwise asserting rights; or (2) collect an app-based worker’s data other than during time worked for the covered digital platform provider. (e) Limiting deceptive patterns A covered digital labor platform provider may not use any platform interface that contains unfair, covert, or deceptive information regarding compensation, including on the eligibility for bonuses, or that obscures or delays an app-based worker’s access to such information regarding compensation in a manner that inhibits the worker’s ability to make an informed decision about whether or how to perform work or provide services for remuneration on or through the covered digital labor platform of the covered digital labor platform provider.