,,ii #aaith ,,congress #ast ,session ,s4 #bdhh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bh1 #bjbe ,mr4 ,schatz 7for himself1 ,mr4 ,murphy1 and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to promote transparency and accountability in covered digital labor platform work1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,empowering ,app-,based ,workers ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,millions of workers in the ,united ,states report to work by logging on to digital labor platforms3 software applications 7commonly known as apps7 that allocate and manage work4 7#b7 ,businesses are using digital labor platforms in a wide and growing range of industries and occupations in the ,united ,states4 ,while the most well-known businesses using digital labor platforms provide ride-hail and last-mile delivery services1 businesses in a variety of sectors1 including large- and low-paid sectors like retail1 hospitality1 warehousing1 and food services1 increasingly manage labor via digital labor platforms4 7#c7 ,platformed1 or app-based1 workers of all ages and every race1 ethnicity1 gender1 and immigration status can be found in every ,state4 ,according to the ,bureau of ,labor ,statistics1 app-based workers are disproportionately people of color1 comprising approximately #db percent of the app-based workforce1 compared to #bi percent of the overall workforce4 ,a #bjba ,pew ,research poll of ,united ,states workers found that women 7#ag percent7 were more likely than men 7#ae percent7 to report that they had ever done app-based work4 ,the growing workforces of businesses that use digital labor platforms to manage delivery workers are majority women4 ,platform work is growing in industries like retail1 hospitality1 warehousing1 and food services1 in which people of color are overrepresented4 7#d7 ,government and academic research has found that app-based workers often receive poverty wages and few to no benefits and are subject to wage theft and wage and employment discrimination4 ,a #bjbd ,university of ,california at ,berkeley study of app-based ride-hail drivers in #e metropolitan areas found that a majority of drivers earn net pay that is significantly less than the applicable minimum wage4 ,job quality issues may be related to the frequent misclassification of app-based workers as independent contractors who lack employment-based rights and protections4 ,indeed1 both courts and regulatory agencies have found businesses that use digital labor platforms to have misclassified employees as independent contractors1 stolen wages1 and withheld benefits4 7#e7 ,research also shows that some businesses that use digital labor platforms may be engaging in discriminatory pricing practices1 charging variable rates for the same services based on particular characteristics of a consumer1 and setting personalized wages for the same work based on characteristics of a worker4 7#f7 ,businesses use digital labor platforms to determine access by an app-based worker to work assignments1 the pay for the assignments1 and the prices charged to customers4 ,such platforms often use electronic monitoring tools and automated decision-making systems or algorithms1 fed by a variety of inputs1 including data derived from workers and consumers4 7#g7 ,the use of electronic monitoring tools and automated decision-making systems is not exclusive to businesses that use digital labor platforms4 ,other kinds of businesses do use them but the heavy reliance by such businesses on these systems to interface with workers and consumers is unique4 7#h7 ,but while the electronic monitoring tools and automated decision-making systems of businesses that use digital labor platforms dictate the experience of workers and consumers on digital labor platforms1 their presence1 purpose1 and mechanics are1 too often1 wholly opaque to workers1 consumers1 voters1 and policymakers4 ,this opacity creates profound information asymmetries between these groups and the corporations that own or operate digital labor platforms4 7#i7 ,the lack of information about the electronic monitoring tools and automated decision-making systems used by businesses that use digital labor platforms prevents workers1 consumers1 and policymakers from understanding whether and to what extent these systems are generating harms and facilitating the violation of existing laws and regulations4 7#aj7 ,unaccountable pay algorithms can enable various forms of wage theft1 such as minimum wage violations1 tip-stealing1 routine undercounting of worktime1 and illegal fees and deductions1 as well as discrimination based on protected class4 ,forms of employer control obscured by algorithmic management can enable independent contractor misclassification and create insurmountable roadblocks to app-based workers' ability to access minimum wage and overtime pay for all time worked1 paid sick leave1 unemployment insurance benefits1 workers' compensation1 protections from discrimination1 and more4 7#aa7 ,reliance on electronic monitoring tools and automated decision-making systems that hide control and enable misclassification of employees as independent contractors also has profound implications for social welfare programs and competing businesses4 ,businesses that misclassify employees as independent contractors neglect to pay their share of employer contributions for programs such as unemployment insurance and social security4 ,in total1 a misclassifying business can save up to #cj percent of its payroll costs by mislabeling a worker as an independent contractor1 which disadvantages responsible employers4 7#ab7 ,the lack of transparency around pricing algorithms allows businesses that use digital labor platforms to raise prices on consumers under the guise of increasing labor and regulatory costs4 ,businesses that use digital labor platforms may use opaque pricing algorithms to determine the amount they charge to customers for a service1 as well as the share of that fee that those businesses keep for themselves compared to the share that goes to the app-based workers who provide the service4 ,the variable and opaque share of the consumer charge that certain digital labor platform providers keep1 versus the share they pay an app-based workers 7the take rate7 is concerning4 7#ac7 ,the issue of fluctuating1 opaque1 and predatory take rates is especially pronounced in the ride-hail industry1 a pioneer in the use of digital labor platforms4 ,initially1 ride-hail companies paid app-based workers #ij percent of the consumer charge1 decreasing it to #hj percent as they attracted more workers4 ,early take rates of #aj to #bj percent were styled as service fees that drivers paid to access work through the digital labor platform4 ,like commissions1 if the ride-hail companies increased their prices1 workers likewise received a raise4 7#ad7 ,ride-hail companies later abandoned their commission-based service fee1 and now set consumer prices independently of app-based worker pay4 ,both prices and pay are largely influenced by unaccountable hidden algorithms and automated decision systems4 ,they are also influenced by individualized consumer and worker characteristics that offend notions of equal pay for equal work and fair dealing4 7#ae7 ,app-based workers now report ride-hail companies taking as much as #fj percent of the fare4 ,a ,power,switch ,action analysis of ,uber fares in ,new ,york ,city and ,chicago between #bjai and #bjbc found that driver pay declined even as fares charged to consumers increased because ,uber's take rate also increased4 7#af7 ,rising1 unpredictable take rates and lower pay have made ride-hail work an increasingly losing proposition4 ,workers who provide what has become a growing and crucial transportation service are entitled to transparent1 consistent1 and fair pay for their work4 ,a #be percent cap on take rates in the ride-hail industry will limit the most exploitative algorithmic practices and help ensure the health and well-being of more than a million ,u4,s4 workers4 ,since expenses and the cost of living vary from market to market1 the take rate cap in this ,act establishes a floor1 not a ceiling1 and does not preempt any state or local efforts to establish take rate standards that exceed that set forth herein4 7#ag7 ,although the ride-hail industry has been an early adopter of digital labor platform technologies1 the public needs to understand how all businesses that use digital labor platforms utilize electronic monitoring tools and automated decision-making systems so they may understand how this unaccountable technology affects their lives4 ,without transparency requirements around their use of electronic monitoring tools and automated decision-making systems1 businesses that use digital labor platforms can exploit information asymmetries to make false and unverifiable claims about the potential impacts of proposed and existing public policies4 7#ah7 ,policymakers outside the ,united ,states have taken steps to ensure that platforms operate with more transparency and accountability4 ,multinational corporations like ,amazon1 ,uber1 and ,door,dash will soon be subject to various transparency and reporting requirements in the ,european ,union as countries come into compliance with the ,european ,union ,platform ,work ,directive4 ,the ,united ,states must not be a global laggard when it comes to platform regulation2 workers1 consumers1 and the public will suffer for it4 7#ai7 ,to ensure that app-based work is not an engine of poverty and racial inequality that places downward pressure on job quality across the economy1 workers1 consumers1 policymakers1 and regulators must not be left in the dark about the surveillance and labor management technologies that businesses that use digital labor platforms are using4 7#bj7 ,all workers1 businesses1 and consumers in the ,united ,states1 stand to benefit from the establishment of clear rules requiring transparency and accountability around the use of electronic monitoring and automated decision-making systems by businesses that use digital labor platforms to manage work4 #c4 ,definitions ,in this ,act3 7#a7 ,adverse action ,the term adverse action means an action taken by a covered digital labor platform provider with respect to an app-based worker that a reasonable person would find negatively impacts the app-based worker's access to or terms1 conditions1 or privileges of work1 including fewer 7by volume or frequency7 or less favorable work assignments or offers1 less or unfavorable hours or shifts1 reduced access to bonuses1 incentives1 or other benefits1 temporary1 permanent1 or indefinite suspension1 deactivation or termination1 restriction of access to the platform1 failure to promote1 failure to pay1 and reductions in pay4 7#b7 ,aggregated app-based worker data ,the term aggregated app-based worker data means data with respect to multiple app-based workers that is combined or collected together in a summary or other form that prevents the identification of any specific app-based worker4 7#c7 ,app-based worker ,the term app-based worker1 with respect to a covered digital labor platform provider1 means an individual who performs work or provides services for remuneration on or through the covered digital labor platform of the covered digital labor platform provider1 regardless of whether the individual is compensated by the covered digital labor platform provider or another person4 7#d7 ,applicant ,the term applicant1 with respect to a covered digital labor platform1 means an individual who has signed up for1 applied for1 activated1 or created an account in order to provide services on or through the covered digital labor platform of a covered digital labor platform provider as an app-based worker but has not yet been approved for or offered work through the covered digital labor platform4 7#e7 ,attribute ,the term attribute includes1 as applicable1 the tenure1 demographics1 reviews1 acceptance rate1 part-time status1 average weekly hours1 and location of an app-based worker4 7#f7 ,authorized agent ,the term authorized agent means a person 7other than a covered digital labor platform provider or a vendor or affiliated person of the provider7 that an app-based worker has authorized to receive disclosures from a covered digital labor platform in accordance with section #g1 including a labor organization4 7#g7 ,automated decision system 7,a7 ,in general ,the term automated decision system means any tool1 software1 system1 process1 function1 program1 method1 model1 or formula using1 or designed with1 computation to issue an automated decision system output that is used to augment1 assist1 or replace human judgment1 decision making1 or policy implementation4 7,b7 ,exclusions ,notwithstanding subparagraph 7,a71 the term automated decision system does not include any spam email filter1 firewall1 antivirus software1 calculator1 database1 dataset1 or other compilation of data4 7#h7 ,automated decision system output ,the term automated decision system output means any information1 data1 assumption1 prediction1 scoring1 classification1 recommendation1 decision1 or conclusion generated by an automated decision system4 7#i7 ,commerce2 person ,the terms commerce and person have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#aj7 ,covered digital labor platform 7,a7 ,in general ,the term covered digital labor platform means a platform provided1 offered1 or used by a covered digital labor platform provider that-- 7i7 is provided1 at least in part1 through electronic means such as an online-enabled application1 internet site1 or mobile application2 7ii7 provides services performed by an app-based worker at the request of a consumer2 7iii7 involves the facilitation of work to be performed by an individual in exchange for payment1 regardless of whether such work is performed online or in a certain geographic location2 and 7iv7 involves the use of an automated decision-making system or electronic monitoring tool4 7,b7 ,exclusions 7i7 ,in general ,notwithstanding subparagraph 7,a71 the term covered digital labor platform does not include-- 7,i7 any platform that-- 7aa7 only provides the means by which service providers can reach an end-user1 customer1 or recipient1 without involvement of the platform in the terms or conditions of the work2 or 7bb7 only organizes the activities of volunteers2 or 7,,ii7 any platform that has the primary purpose of exploiting or sharing real property assets for short-term accommodations or that allows an individual who is not a professional to resell goods4 7ii7 ,burden of proof ,a person providing1 offering1 or using a platform that the person believes is a platform described in subclause 7,i7 or 7,,ii7 shall have the burden of proof to establish that the platform is a platform described in such a subclause for purposes of any enforcement activity taken under section #i4 7#aa7 ,covered digital labor platform provider ,the term covered digital labor platform provider-- 7,a7 means a person engaged in commerce or an industry affecting commerce that employs an app-based worker to perform work or provide services for remuneration on or through the covered digital labor platform of the person1 or that otherwise engages1 arranges1 or facilitates the performance of such work or provision of such services1 regardless of whether the app-based worker is compensated by such person or another person2 and 7,b7 includes any successor in interest of such person and any person who acts directly or indirectly in the interest of the covered digital labor platform provider in relation to an app-based worker4 7#ab7 ,data ,the term data1 used with respect to an app-based worker1 means any information that identifies1 relates to1 describes1 or could reasonably be linked1 directly or indirectly1 with a particular app-based worker1 regardless of how the information is collected1 inferred1 or obtained1 including the following3 7,a7 ,personal identity information and characteristics1 such as the app-based worker's name1 address or other contact information1 demographic information1 government-issued identification number1 citizenship and familial status1 criminal background1 employment history1 financial history1 health status or history1 and information regarding immutable characteristics4 7,b7 ,any data related to the work activities of an app-based worker4 7,c7 ,online information with respect to the app-based worker1 including any internet protocol address used by1 social media activity of1 or other digital sources or unique identifiers associated with the app-based worker4 7,d7 ,individual behavior or preferences1 including observable or measurable actions1 habits1 preferences1 interests1 or vulnerabilities1 including the individual's political1 personal1 or professional affiliations1 web browsing history1 purchase history1 financial circumstances1 or consumer behaviors4 7,e7 ,biometric information1 including imagery of the iris1 retina1 fingerprint1 face1 hand1 palm1 vein patterns1 and voice recordings1 from which an identifier template1 such as a faceprint1 a minutiae template1 or a voiceprint1 can be extracted1 and keystroke patterns or rhythms1 gait patterns or rhythms1 and sleep1 health1 or exercise data that contain identifying information4 7,f7 ,inferences drawn from any of the data described in this paragraph1 including internally generated inferences1 or worker profiles generated by inferences1 by or for the covered digital labor platform provider4 7#ac7 ,electronic monitoring tool ,the term electronic monitoring tool means any system1 application1 or instrument that facilitates the collection of data concerning the activities1 communications1 actions1 biometrics1 attributes1 or behaviors of an app-based worker by any means other than direct observation by another individual1 including through the use of a computer1 telephone1 wire1 radio1 camera1 electromagnetic1 photoelectronic1 or photo-optical system4 7#ad7 ,employ ,the term employ has the meaning given such term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#ae7 ,labor organization ,the term labor organization means-- 7,a7 a labor organization1 as such term is defined in section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb72 or 7,b7 the collective bargaining representative of a craft or class of employees for purposes of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq474 7#af7 ,individualized ,the term individualized means data described in subparagraph 7,a71 7,c71 7,d71 7,e71 or 7,f7 of paragraph 7#ab7 that is-- 7,a7 specific to a specific app-based worker or group1 band1 class1 or tier of app-based workers2 or 7,b7 inferred about a specific app-based worker or group1 band1 class1 or tier of app-based workers based on other such data4 7#ag7 ,on-demand ,the term on-demand means a service available to a waiting1 time-sensitive consumer after the consumer makes a request or places an order for such service via a covered digital labor platform4 7#ah7 ,predispute arbitration agreement ,the term predispute arbitration agreement means any agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement4 7#ai7 ,predispute joint-action waiver ,the term predispute joint-action waiver means an agreement1 including as part of a predispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 7#bj7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ba7 ,take rate ,the term take rate1 with respect to a covered digital labor platform provider that offers a consumer any on-demand transportation services1 means the percentage of the total amount such a covered digital labor platform provider charges to a consumer for such a service provided on or through the covered digital labor platform1 exclusive of any tip1 that is not paid to an app-based worker as remuneration with respect to that service4 7#bb7 ,time on task ,the term time on task1 with respect to an app-based worker performing on-demand services1 means an amount of time that begins when an app-based worker is assigned or accepts a work assignment on a covered digital labor platform for the performance of a service and ends when-- 7,a7 the work assignment is completed2 or 7,b7 the work assignment is cancelled4 7#bc7 ,time worked ,the term time worked-- 7,a7 with respect to an app-based worker providing on-demand services1 includes all time that an app-based worker is logged into a covered digital labor platform and available to perform services on or through the covered digital labor platform2 and 7,b7 with respect to an app-based worker who works shifts or blocks of time that are in any way scheduled in advance of performing the work1 includes all time from when the app-based worker reports to work through the completion of assigned tasks or shift work1 as further defined and delimited in regulations by the ,secretary4 7#bd7 ,vendor ,the term vendor means any entity or other third party engaged by a covered digital labor platform provider 7or by any contractor of the covered digital labor platform provider7 to provide software1 technology1 or any related service that is used to collect1 store1 analyze1 or interpret app-based worker data4 7#be7 ,work assignment ,the term work assignment means an assignment or offer on a covered digital labor platform to provide services for a consumer that is assigned to or accepted by an app-based worker for the performance of services with respect to that assignment or offer4 7#bf7 ,work-related decision ,the term work-related decision means any decision made by a covered digital labor platform provider with respect to-- 7,a7 hiring1 engaging1 or promoting an app-based worker2 7,b7 taking an adverse action against an app-based worker2 or 7,c7 the terms1 privileges1 or conditions of the work of an app-based worker1 including a decision that affects or could affect the pay1 the benefits1 other compensation1 the schedule of work1 the hours of work1 an evaluation1 a performance rating1 the job content1 an assignment of work1 the access to work1 the productivity requirements1 or the workplace health and safety of the app-based worker4 #d4 ,transparency 7a7 ,disclosures to workers 7#a7 ,notice of electronic monitoring and automated decision systems 7,a7 ,in general ,a covered digital labor platform provider that uses or intends to use an electronic monitoring tool or automated decision system shall1 in accordance with subparagraph 7,b71 provide to each app-based worker and applicant of the covered digital labor platform provider who is1 or will be1 subject to the electronic monitoring tool or automated decision system a notice that provides-- 7i7 a description of how any electronic monitoring tool or automated decision system will be used by the covered digital labor platform provider2 7ii7 a description of the data intended to be or actually collected by the electronic monitoring tool or used in an automated decision system2 7iii7 in the case of the use of an electronic monitoring tool-- 7,i7 a description of any activity1 location1 communication1 task1 or job role that will be electronically monitored by the electronic monitoring tool2 7,,ii7 whether1 how1 and what data collected using the electronic monitoring tool will be used as an input in an automated decision system2 7,,iii7 whether1 how1 and what data collected using an electronic monitoring tool will be used 7whether used with or without an automated decision system7 to make1 or assist in making1 decisions regarding the compensation of an app-based worker or applicant and offers or assignments of work for the app-based worker or applicant2 and 7,,iv7 a description of where any data collected by the electronic monitoring tool will be stored1 the length of time the data will be retained1 who may access the data1 and how the data may be accessed by a person who is authorized to access the data2 7iv7 in the case of the use of an automated decision system-- 7,i7 a description of the methods1 processes1 inputs1 attributes1 and data that the covered digital labor platform provider uses or intends to use1 through the automated decision system1 to determine or assist in determining the compensation of the app-based worker or applicant1 including pay rates1 assignments1 bonuses1 or other benefits2 and 7,,ii7 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 applicant1 including how data regarding the app-based worker or applicant 7including regarding attributes of the worker or applicant7 will influence automated decision system outputs or the outcome of any work-related decision and whether 7and1 if so1 how7 the automated decision system outputs will be individualized for the app-based worker or applicant2 7v7 the methods1 processes1 inputs1 attributes1 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 methods1 processes1 inputs1 attributes1 or data in such determination2 7vi7 the methods1 processes1 inputs1 attributes1 or data by which the covered digital labor platform provider determines how1 whether1 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 worker2 and 7vii7 the specific grounds1 conditions1 and reasons for which a covered digital labor platform provider may take any adverse action with respect to the app-based worker4 7,b7 ,timing ,a notice under subparagraph 7,a7 shall be provided-- 7i7 with respect to any applicant1 at a time that is after the applicant has signed up for1 applied for1 activated1 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 platform2 7ii7 with respect to an app-based worker-- 7,i7 for any electronic monitoring tool or automated decision system that is in effect on the day before the date of enactment of this ,act1 not later than the later of-- 7aa7 #cj days after the date on which a final rule to carry out this section takes effect2 or 7bb7 #ahj days after the date of enactment of this ,act2 or 7,,ii7 for any other electronic monitoring tool or automated decision system1 as soon as practicable1 but not less than #if hours before the electronic monitoring tool or automated decision system takes effect with respect to that app-base worker2 7iii7 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 provided2 7iv7 in the app-based worker's primary language2 and 7v7 to an app-based worker or applicant not later than #e business days after any request by the app-based worker or applicant4 7#b7 ,comprehensive and detailed use notice 7,a7 ,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 shall1 as described in subparagraph 7,b71 provide to the app-based worker a notice that includes-- 7i7 a description of the data and attributes used in the work-related decision with respect to the app-based worker2 7ii7 in the case of the use of an automated decision system1 a description of the inputs for the automated decision system and the weight of each for purposes of the work-related decision1 the automated decision system outputs with respect to that work-related decision1 and the method by which the worker can obtain the range of possible outputs1 including aggregate output statistics2 and 7iii7 the metadata used for the work-related decision1 including for each variable of the metadata the name1 attribute1 value1 what the variable captures1 and examples of the values it captures4 7,b7 ,timing ,a notice under subparagraph 7,a7 shall be provided to an app-based worker-- 7i7 not later than #e business days after the initial request by the app-based worker for the notice2 and 7ii7 if the app-based worker requests subsequent notices on an ongoing basis1 not more than #dh 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 7,a74 7#c7 ,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 or1 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 ,act1 not later than #cfe days after the date of enactment of this ,act1 the covered digital labor platform provider shall notify the app-based worker of-- 7,a7 all required disclosures and the obligations of the covered digital labor platform under this ,act2 and 7,b7 all other applicable minimum pay and benefits standards that apply to the app-based worker4 7#d7 ,itemized receipts 7,a7 ,in general ,at the end of each work assignment of an app-based worker1 the covered digital labor platform provider shall disclose to the app-based worker each component of the pay of the app-based worker1 including1 to the extent applicable and as further defined and delimited through regulations promulgated by the ,secretary-- 7i7 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 7ii72 7ii7 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 worker2 7iii7 the amount paid to the app-based worker by the covered digital labor platform provider excluding the tip described in clause 7ii7 and any reimbursement by the provider of costs incurred by the app-based worker2 7iv7 the take rate for the work assignment2 7v7 the total distance traveled by the app-based worker for the work assignment in miles2 7vi7 whether the work assignment contributed to or was related to a bonus or other incentive for the app-based worker2 7vii7 total time worked by the app-based worker for the work assignment2 and 7viii7 information on whether that work assignment was offered to any other app-based worker1 and if so1 the amount of compensation offered to the other app-based worker4 7,b7 ,update of disclosure ,a covered digital labor platform provider that provides a disclosure under subparagraph 7,a7 may update the disclosure for a period of not more than #dh hours after the disclosure is provided to the app-based worker4 7#e7 ,weekly pay statements ,not less often than once a week1 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 7referred to in this paragraph as the covered week71 including1 to the extent applicable and as further defined and delimited through regulations promulgated by the ,secretary-- 7,a7 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 worker2 7,b7 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 consumers1 excluding any tips paid to the app-based worker2 7,c7 the weekly average take rate for all consumer payments for all work assignments of the app-based worker2 7,d7 the total amount of tips paid by consumers to the app-based worker for work assignments in the covered week2 7,e7 the total amount of compensation paid by the covered digital labor platform provider to the app-based worker for work assignments in the covered week1 including any amount provided as a tip2 7,f7 the number of work assignments completed by the app-based worker in the covered week2 7,g7 the total amount of time on task by the app-based worker in the covered week2 7,h7 the total time worked by the app-based worker in the covered week2 7,i7 the hourly wage of the app-based worker1 expressed as the ratio of the amount described in subparagraph 7,a7 to the amount of time described in subparagraph 7,h72 7,j7 the total miles traveled for time worked and time on task by the app-based worker in the covered week2 and 7,k7 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 week1 the amount of compensation offered4 7#f7 ,format ,each notice1 disclosure1 or notification under this subsection shall be provided in the form and manner described in regulation by the ,secretary1 including that the notice1 disclosure1 or notification is provided-- 7,a7 in an electronic document that is machine readable2 7,b7 in an easily accessible form1 including on the account of an app-based worker or applicant 7regardless of whether the covered digital labor platform provider has deactivated1 suspended1 or terminated the app-based worker7 or posted on the covered digital labor platform1 and available to download2 7,c7 in a manner that enables the app-based worker or applicant to read1 review1 save1 and reasonably access the notice1 disclosure1 or notification for not less than #dh months after the date on which the notice1 disclosure1 or notification was provided2 7,d7 in a manner that ensures the information in the notice1 disclosure1 or notification is clearly and effectively communicated1 including in the language the app-based worker identifies as their primary language2 and 7,e7 as applicable1 through a posting on the covered digital labor platform in ,english and any other language that more than #bj percent of app-based workers of the relevant covered digital labor platform provider identify as their primary language4 7b7 ,disclosures to consumers ,at the end of each work assignment of an app-based worker1 the covered digital labor platform provider shall disclose1 through electronic correspondence1 to the consumer with respect to the work assignment1 to the extent applicable and as further defined and delimited through regulations promulgated by the ,secretary-- 7#a7 the total amount paid by the consumer for the work assignment1 excluding any tip2 7#b7 the amount added as a tip from the consumer and any reimbursement by the provider of costs incurred by the app-based worker2 7#c7 the amounts paid to the app-based worker by the covered digital labor platform provider1 excluding the amount described in paragraph 7#b72 and 7#d7 the take rate for the work-assignment4 7c7 ,additional disclosures 7#a7 ,reporting to the agency ,on a quarterly basis and in accordance with any rule prescribed by the ,secretary1 each covered digital labor platform provider shall electronically disclose to the ,secretary-- 7,a7 copies of the notices required under subsection 7a77#a72 7,b7 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 7a77#e7 during the relevant quarter2 7,c7 the aggregated app-based worker data described under subparagraph 7,b71 disaggregated by ,state and by certain metropolitan statistical areas 7as identified by the ,office of ,management and ,budget7 selected1 through regulations by the ,secretary1 based on geographic distribution across the regions of the ,united ,states1 including in the ,northeast1 ,south1 ,midwest1 and ,west2 7,d7 the demographic data of app-based workers who completed a work assignment during the relevant quarter1 based on self-reporting by app-based workers1 as described in section #e7;b72 7,e7 hourly wage data for app-based workers disaggregated by worker demographic2 and 7,f7 any fees charged by the covered digital labor platform provider to an app-based worker in order to perform work1 receive compensation for work1 or provide services on or through the covered digital labor platform4 7#b7 ,publication 7,a7 ,publication by covered digital labor platform provider ,each covered digital labor platform provider shall publish the data disclosed under paragraph 7#a71 in an anonymized manner1 on a public internet website of the covered digital labor platform provider in a machine readable and searchable format4 7,b7 ,publication by secretary ,not later than ,february #ae of each year1 the ,secretary shall make the data disclosed under paragraph 7#a7 for the preceding calendar year1 available to the public1 which shall include posting the information1 in an anonymized manner1 on a public internet website of the ,secretary in a searchable and downloadable format4 7,c7 ,regulations ,the ,secretary shall issue regulations detailing and defining requirements with respect to the publications under subparagraphs 7,a7 and 7,b7 to ensure the accessibility and usability of the information in the publications and protect the anonymity of each app-based worker4 #e4 ,accountability 7a7 ,take rate cap 7#a7 ,in general ,a covered digital labor platform provider that offers a consumer on-demand transportation services may not charge in excess of a #be percent take rate for such service4 7#b7 ,take rate offset limitation ,a covered digital labor platform provider described in paragraph 7#a7 may not impose a fee on an app-based worker unless the ratio of the amount that is paid by a consumer 7exclusive of any tip7 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 7exclusive of any tip7 with respect to such work assignment plus the amount of such fee 7or a pro rata amount of such fee if the fee is paid in a lump sum7 is not more than #be percent4 7b7 ,request for voluntary disclosures ,notwithstanding subsection 7d71 a covered digital labor platform provider shall provide every app-based worker of the covered digital labor platform provider an opportunity to disclose1 subject to regulations promulgated by the ,secretary in consultation with the ,equal ,employment ,opportunity ,commission1 demographic data in a manner that protects the privacy of the app-based worker4 7c7 ,individualized algorithmic wage setting 7#a7 ,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-- 7,a7 based on cost differentials between the specific workers for performing the tasks involved in the work assignment2 or 7,b7 otherwise required by a collective bargaining agreement that applies to the app-based worker or the other app-based worker4 7#b7 ,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 data1 unless the covered digital labor platform provider can clearly demonstrate that-- 7,a7 7i7 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 is1 in accordance with paragraph 7#a77;,a71 based on cost differentials between the specific workers for performing the tasks involved in the work assignment2 and 7ii7 such data is directly related to the tasks involved in the work assignment2 or 7,b7 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 is1 in accordance with paragraph 7#a77;,b71 otherwise required by a collective bargaining agreement that applies to the app-based worker or the other app-based worker4 7#c7 ,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-- 7,a7 the pay rate of the app-based worker2 and 7,b7 the amount charged to a consumer for services provided by the app-based worker4 7d7 ,data processing limitations ,a covered digital labor platform provider may not-- 7#a7 use electronic monitoring1 an automated decision system1 or worker data to infer immigration status1 political opinion1 religious or philosophical beliefs1 disability status1 health status or history1 emotional or psychological state1 sexual or gender orientation1 or union sympathy or likelihood of organizing or otherwise asserting rights2 or 7#b7 collect an app-based worker's data other than during time worked for the covered digital platform provider4 7e7 ,limiting deceptive patterns ,a covered digital labor platform provider may not use any platform interface that contains unfair1 covert1 or deceptive information regarding compensation1 including on the eligibility for bonuses1 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 provider4 #f4 ,data preservation 7a7 ,in general ,a covered digital labor platform provider and each vendor of the covered digital labor platform provider-- 7#a7 shall retain for #d years contemporaneous records of any data regarding an app-based worker that is collected using an electronic monitoring tool or used as an automated decision system input2 7#b7 may not sell1 transfer1 or disclose app-based worker data collected via an electronic monitoring tool or used as an automated decision system input to any other entity unless the sale1 transfer1 or disclosure is-- 7,a7 pursuant to a request from an authorized agent of an app-based worker of the covered digital labor platform provider regarding the data of the app-based worker2 or 7,b7 is otherwise required under ,state or ,federal law and the covered digital labor platform provides notice to the app-based worker2 and 7#c7 shall collect1 process1 store1 and retain all data regarding an app-based worker in a manner that protects the privacy of the app-based worker 7including protection from unauthorized access1 destruction1 use1 modification1 or disclosure7 and in accordance with any regulation promulgated by the ,secretary4 7b7 ,disclosure ,except as otherwise provided under section #d7;a77#b77;,b7 with respect to a comprehensive and detailed use notice1 a covered digital labor platform provider or vendor of the covered digital labor platform provider shall provide any data retained in accordance with this subsection with respect to an app-based worker or an individual who was an app-based worker to the app-based worker1 individual1 or authorized agent of the app-based worker not more than #e business days after the covered digital labor platform provider or vendor receives the request from the app-based worker1 individual1 or authorized agent4 #g4 ,authorized agent authority 7a7 ,in general ,pursuant to regulations issued by the ,secretary1 an app-based worker may1 in writing1 authorize a person to be the authorized agent of the app-based worker for purposes of receiving any required disclosure or notice from a covered digital labor platform provider under paragraphs 7#a71 7#b71 7#d71 and 7#e7 of section #d7;a7 or section #f7;b7 as if the authorized agent was the app-based worker4 7b7 ,treatment of an authorized agent 7#a7 ,in general ,with respect to an app-based worker who authorizes an authorized agent under subsection 7a71 the covered digital labor platform provider of the app-based worker shall provide an additional copy of each notice or disclosure described in such subsection to the authorized agent at the time such notice or disclosure is due to the app-based worker and upon request by the authorized agent4 7#b7 ,information requests ,a covered digital labor platform provider shall-- 7,a7 provide a designated email address1 which is prominently displayed on its website1 to which an authorized agent can submit a request for a notice or disclosure described in subsection 7a72 and 7,b7 provide the notice or disclosure-- 7i7 not later than #aj business days after an initial request is submitted2 and 7ii7 thereafter1 if applicable1 at the same time any such disclosure or notice would otherwise be due to the app-based worker4 7c7 ,privacy requirements for an authorized agent ,an authorized agent authorized under subsection 7a7 may not use any personal information regarding an app-based worker1 or any other information collected from or about the app-based worker1 for any purposes other than the purposes specified in the written authorization of the app-based worker4 7d7 ,notification of subpoena 7#a7 ,in general ,an authorized agent authorized under subsection 7a7 may not disclose any information received from a covered digital labor platform with respect to an app-based worker to any government entity unless required to do so by a subpoena or other court order compelling production of such information4 7#b7 ,disclosure ,an authorized agent that is required to produce information to a government entity as described in paragraph 7#a7 shall notify the app-based worker who authorized the agent to receive such information4 #h4 ,whistleblower protections 7a7 ,in general ,a covered digital labor platform provider may not discriminate or retaliate 7including through intimidation1 threats1 coercion1 deactivation1 diminishment of compensation or access to the covered digital labor platform or work assignments1 or harassment7 against any app-based worker-- 7#a7 for exercising1 or attempting to exercise1 any right provided under this ,act2 or 7#b7 because the app-based worker 7or another individual acting at the request of the app-based worker or an authorized agent of the app-based worker7 has-- 7,a7 filed a written or oral complaint to the covered digital labor platform provider1 or a ,federal1 ,state1 or local government entity of a violation of section #d1 #e1 or #f2 7,b7 instituted1 caused to be instituted1 or otherwise participated in any inquiry or proceeding under or related to this ,act2 7,c7 given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this ,act2 or 7,d7 testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this ,act4 7b7 ,rebuttable presumption ,if a covered digital labor platform provider takes an adverse action against an app-based worker within #ij days of the app-based worker engaging1 or attempting to engage in1 activities protected by subsection 7a71 there shall be a rebuttable presumption that the adverse action is in violation of such subsection4 #i4 ,enforcement 7a7 ,enforcement by the ,secretary ,to ensure compliance with the provisions of this ,act1 or any regulation or order issued under this ,act1 the ,secretary1 may take the following actions3 7#a7 ,investigate ,the ,secretary may-- 7,a7 review and analyze disclosures submitted under section #d7;c77#a7 by a covered digital labor platform provider and issue public reports regarding compensation and hours by industry2 7,b7 collect any additional data regarding the compensation1 hours1 and other conditions and practices in any industry for which covered digital labor platform providers are subject to this ,act2 7,c7 inspect any place or record 7and make such transcriptions thereof71 question any app-based worker1 and investigate any facts1 conditions1 practices1 or matters as the ,secretary may deem necessary or appropriate to determine whether a covered digital labor platform provider has violated any provision of this ,act1 or which may aid in the enforcement of the provisions of this ,act2 and 7,d7 make requests for information1 as authorized under paragraph 7#b71 on a joint basis with another ,federal agency1 a ,state attorney general1 or a ,state agency4 7#b7 ,reporting ,the ,secretary may require1 by general or special orders and in addition to the disclosures required in section #d7;c77#a71 a covered digital labor platform provider to file with the ,secretary1 in such form as the ,secretary may prescribe1 annual or special reports or answers in writing to specific questions1 furnishing to the ,secretary such information or records as the ,secretary may require as to the organization1 business1 conduct1 practices1 management1 and relation to other corporations1 partnerships1 and individuals1 of the covered digital labor platform provider4 7#c7 ,enforcement ,the ,secretary shall receive1 investigate1 and attempt to resolve1 any complaints from app-based workers of violations of sections #d1 #e1 #f1 and #h in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf1 #bjg74 7#d7 ,public education ,the ,secretary shall engage in public education1 including on its website and its outreach to stakeholders1 to inform app-based workers of the rights pursuant to this ,act4 7#e7 ,litigation ,the ,solicitor of ,labor may appear for and represent the ,secretary in any litigation brought under this subsection4 7#f7 ,referral for criminal proceedings ,if the ,secretary1 in the course of the performance of any action or duty under this ,act1 obtains evidence that any covered digital labor platform provider has engaged in conduct that may constitute a violation of ,federal criminal law1 the ,secretary shall refer the matter to the ,attorney ,general for prosecution under any applicable law4 ,nothing in this paragraph shall affect any other authority of the ,secretary to disclose information4 7b7 ,private right of action 7#a7 ,in general 7,a7 ,affected app-based worker ,notwithstanding any action by the ,secretary under subsection 7a77#c7 or subsection 7c71 an app-based worker may commence a civil action against a covered digital labor platform provider or1 as applicable1 a vendor of the covered digital labor platform provider for an alleged violation of paragraph 7#a71 7#b71 7#c71 7#d7 or 7#e7 of section #d7;a7 or section #e1 #f1 or #h in any ,federal court of competent jurisdiction4 7,b7 ,consumer ,notwithstanding any action by the ,secretary under subsection 7a77#c7 or subsection 7c71 a consumer may commence a civil action against any covered digital labor platform provider for an alleged violation of section #d7;b7 in any ,federal court of competent jurisdiction4 7,c7 ,authorized agent ,notwithstanding any action by the ,secretary under subsection 7a77#c7 or subsection 7c71 an authorized agent of an app-based worker may commence a civil action against a covered digital labor platform provider for an alleged violation of paragraph 7#a71 7#b71 7#c71 7#d7 or 7#e7 of section #d7;a7 or section #e1 #f1 or #h in any ,federal court of competent jurisdiction as if the authorized agent were the app-based worker4 7,d7 ,labor organization ,notwithstanding any action by the ,secretary under subsection 7a77#c7 or subsection 7c71 a labor organization or a worker center that is adversely affected by an alleged violation of paragraph 7#a71 7#b71 7#c71 7#d7 or 7#e7 of section #d7;a7 or section #e1 #f1 or #h or that represents an app-based worker who is adversely affected by such an alleged violation may commence a civil action against the covered digital labor platform provider or1 as applicable1 a vendor of the covered digital labor provider that violates such section in any ,federal court of competent jurisdiction4 7#b7 ,relief 7,a7 ,in general ,in a civil action brought under paragraph 7#a7 in which the plaintiff prevails1 the court shall award-- 7i7 statutory damages in accordance with the applicable provisions of subparagraph 7,b72 7ii7 any actual damages sustained plus an equal amount as liquidated damages2 7iii7 reasonable attorney's fees and litigation costs2 7iv7 appropriate equitable relief2 and 7v7 appropriate injunctive relief4 7,b7 ,statutory damages ,subject to subparagraph 7,d71 statutory damages under this subparagraph shall be the following3 7i7 ,failure to make proper disclosures 7,i7 ,timeliness of notices ,for any violation of paragraph 7#a71 7#b71 or 7#c7 of section #d7;a7-- 7aa7 an amount that is not less than #bj1jjj per failure to provide a notice required under such paragraph2 or 7bb7 an amount that is not less than #e1jjj per failure to provide a notice required under such paragraph in1 as determined through regulation by the ,secretary1 a timely manner4 7,,ii7 ,format of notices ,for any violation of section #d7;a77#f71 an amount that is not less than #a1jjj per violation4 7,,iii7 ,receipts1 pay statements1 and individualized algorithmic wage setting ,for any violation of paragraph 7#d7 or 7#e7 of section #d7;a7 or section #e7;c71 an amount that is not less than #e1jjj per violation4 7,,iv7 ,consumer notice ,for any violation of section #d7;b71 an amount that is not less than #b1jjj per violation4 7,v7 ,quarterly reporting and publication ,for any violation of paragraph 7#a7 or paragraph 7#b77;,a7 section #d7;c71 an amount that is not less than #bj1jjj per violation4 7ii7 ,violations of take rate caps ,for any violation of paragraph 7#a7 or 7#b7 of section #e7;a7 with respect to an app-based worker1 an amount that is the greater of-- 7,i7 an amount that is #d times the difference between the maximum permissible take rate under such section and the amount actually paid to the app-based worker2 or 7,,ii7 #bj1jjj per violation4 7iii7 ,data preservation violations ,for any violation of section #f1 an amount that is not less than #bj1jjj per violation4 7iv7 ,whistleblower violations ,for any violation of section #h1 an amount that is not less than #be1jjj per violation4 7,c7 ,temporary whistleblower relief ,in addition to relief for a prevailing party under subparagraph 7,a71 a court may award punitive damages and temporary injunctive relief while a case is pending1 including reinstatement4 ,all relief is available to a prevailing whistleblower plaintiff regardless of whether the plaintiff is authorized to work in the ,united ,states4 7,d7 ,adjustment of statutory damages ,the ,secretary1 not later than ,september #a of each calendar year1 shall adjust the dollar amounts referred to in subparagraph 7,b7 by the percent increase1 if any1 in the consumer price index for all urban consumers 7,united ,states city average71 or a successor index1 as determined by the ,bureau of ,labor ,statistics1 or a successor agency1 for the most recent #ab-month period for which data is available4 7,e7 ,joint and several liability ,in a civil action brought under this subsection against a covered digital labor platform provider and a vendor of the covered digital labor platform provider for a violation of section #f in which the plaintiff prevails1 the covered digital labor platform provider and the vendor shall be jointly and severally liable for the violation4 7c7 ,civil monetary penalties 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may impose a penalty on any covered digital labor platform provider that violates any provision of this ,act in an amount that is-- 7,a7 not less than #be1jjj for any violation2 7,b7 not less than #ej1jjj for any violation that occurs not more than #b years after another such violation2 or 7,c7 not less than #ajj1jjj for any willful violation4 7#b7 ,amount determination ,in determining the amount of any penalty under this subsection1 the ,secretary may consider the appropriateness of such penalty to the size of the business charged1 the gravity of the violation1 and whether the amount is sufficient to deter future violations4 7#c7 ,use of amounts 7,a7 ,establishment of fund ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,covered ,digital ,labor ,platform ,investigation ,fund 7referred to in this paragraph as the ,fund74 7,b7 ,deposit ,any amount collected as a penalty under this subsection shall be deposited into the ,fund4 7,c7 ,use of funds ,amounts in the ,fund shall be available to the ,secretary1 without fiscal year limitation and without further appropriation for purposes of reimbursement of any costs of investigating violations of this ,act1 determining whether any such violations occurred1 and collecting penalties under this section4 #aj4 ,rule of construction ,for purposes of this ,act1 the use of an electronic monitoring tool or automated decision system by a covered digital labor platform provider includes the use of such an electronic monitoring tool or automated decision system by a vendor or other third party acting on behalf of the covered digital labor platform provider4 #aa4 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue regulations that-- 7#a7 define and delimit any undefined term used in this ,act1 including by providing1 as determined necessary by the ,secretary1 examples of the application of the term to different app-based occupations2 7#b7 further clarify1 define1 or delimit any term that is defined in this ,act 7including the terms substantially impacts1 aggregated app-based worker data1 data1 take rate1 time on task1 and time worked71 including by providing1 as determined necessary by the ,secretary1 examples of the application of the term to different app-based occupations2 and 7#c7 provide for industry- or occupation-specific rules1 as determined necessary by the ,secretary4 #ab4 ,limitation of judicial review of regulations 7a7 ,in general ,congress delegates to the ,secretary the authority1 in issuing any regulation under or with respect to this ,act1 to interpret the provisions of this ,act4 ,a court engaged in judicial review of those provisions1 including judicial review under section #gjf of title #e1 ,united ,states ,code1 shall only determine whether the agency's interpretation is based on a reasonable or permissible construction of this ,act4 7b7 ,standards for judicial review related to regulations ,for any action brought for declaratory or injunctive relief to challenge1 whether facially or as-applied1 the constitutionality or lawfulness of any rule or regulation promulgated under this ,act-- 7#a7 such an action may be brought not more than #c years after the date that the rule or regulation was promulgated2 and 7#b7 such an action shall be filed in the ,united ,states ,district ,court for the ,district of ,columbia4 #ac4 ,relation to other laws 7a7 ,in general 7#a7 ,preservation of ,state powers ,this ,act shall not be construed as preempting1 altering1 limiting1 or affecting the power or authority of a ,state to enact1 adopt1 or enforce any ,state law that provides the same or greater protections to app-based workers or consumers as the requirements under this ,act4 7#b7 ,no safe harbor ,this ,act shall not be construed to permit noncompliance with any ,federal1 ,state1 or local law that establishes requirements regarding minimum wages or maximum work hours or nondiscrimination in the workplace4 7#c7 ,arbitration agreements ,notwithstanding chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act71 or any other provision of law1 a predispute arbitration agreement or predispute joint-action waiver between an app-based worker and a covered digital labor platform provider shall not be valid or enforceable4 7#d7 ,non-disclosure agreements ,any confidentiality agreement or other contract provision that prohibits the disclosure of information by a party to the contract between an app-based worker and a covered digital labor platform provider shall not be valid or enforceable4 7#e7 ,no waiver ,the rights and remedies in this ,act may not be waived by any agreement1 policy1 form1 or condition of work4 7b7 ,fair ,labor ,standards ,act 7#a7 ,in general ,this ,act shall not be construed as exempting a covered digital labor platform provider from applicable requirements under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 or regulations issued pursuant to such ,act4 7#b7 ,recordkeeping ,this ,act shall not be construed to alter1 limit1 or affect the power to investigate and gather data regarding the wages1 hours1 and other conditions and employment practices under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 to excuse noncompliance with any recordkeeping requirements under such ,act1 or to limit authorized collaboration with ,state or local agencies or the power to issue homework regulations as established under such ,act4 #ad4 ,flexibility ,this ,act shall not be construed to require1 or to provide justification for1 a covered digital labor platform provider altering or amending any policy1 procedure1 or system in a manner that has the effect of decreasing1 limiting1 or impeding the scheduling flexibility or access to work of an app-based worker4 #ae4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of the provisions of this ,act and the application of such provisions to any other person or circumstance shall not be affected4