mutual-flourishing/ADPA/bills/FLESA.md

Fair Labor & Economic Security Act (FLESA)

118th Congress, 2nd Session
H.R. _____ / S. _____

---

A BILL

To protect workers' rights, ensure fair wages, prevent corporate exploitation, and establish comprehensive labor protections that cannot be easily circumvented or weakened through regulatory changes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title

This Act may be cited as the "Fair Labor & Economic Security Act" or "FLESA".

Section 2. Purpose

To protect workers' rights, ensure fair wages, prevent corporate exploitation, and establish comprehensive labor protections that cannot be easily circumvented or weakened through regulatory changes.

Title I: Wage Protection & Economic Security

Section 101: Living Wage Standards

1. Base Minimum Wage

   • Establishes federal minimum wage using Living Wage Formula:
     • Base = 50% of regional median income
     • Adjusted quarterly for inflation
     • Never less than previous quarter
   • Automatic regional cost-of-living multipliers
   • No state may set minimum wage lower than federal standard
   • Small business adjustment period with federal subsidy support

2. Regional Cost-of-Living Adjustments

   • Additional mandatory adjustments for high-cost metropolitan areas
   • State and local governments retain authority to set higher wages
   • Quarterly review of regional economic indicators to ensure wage adequacy

3. Enforcement & Penalties

   • Triple damages for willful wage violations
   • Personal liability for corporate officers in wage theft cases
   • Streamlined process for wage complaint investigations

Section 102: Benefits Protection

1. Mandatory Benefits Package

   • Healthcare coverage (minimum 80% employer contribution)
   • Paid family leave (12 weeks minimum)
   • Paid sick leave (7 days minimum)
   • Paid vacation (10 days minimum)
   • Retirement contribution matching (minimum 3% of salary)

2. Part-Time Worker Protections

   • Pro-rated benefits for workers averaging 20+ hours weekly
   • Prevention of hour manipulation to avoid benefit obligations
   • Clear written notification of benefit eligibility

Title II: Union Rights & Collective Action

Section 201: Union Formation & Protection

1. Organization Rights

   • Card check recognition when majority of workers sign
   • Prohibition of mandatory anti-union meetings
   • Protection of worker communications about unionization
   • Severe penalties for union-busting activities

2. Bargaining Rights

   • Mandatory good-faith bargaining within 30 days of union certification
   • Binding arbitration if no agreement reached within 120 days
   • Protection against replacement workers during strikes
   • Required maintenance of benefits during negotiations

Section 202: Right to Strike

1. Protected Activities
   • Explicit protection for sympathy strikes
   • Protection for digital picket lines and online organizing
   • Prohibition of permanent replacement workers
   • Continuation of health benefits during strikes

Title III: AI & Algorithmic Management

Section 301: AI in the Workplace

1. Algorithmic Transparency

   • Mandatory disclosure of AI use in workforce management
   • Right to human review of AI-made decisions
   • Regular audits of AI systems for bias
   • Worker right to appeal algorithmic decisions

2. AI-Driven Performance Metrics

   • Prohibition of AI-only performance evaluations
   • Clear disclosure of all AI-tracked metrics
   • Human oversight of AI productivity scoring
   • Ban on purely algorithmic terminations

3. Automated Scheduling Protection

   • Minimum notice periods for AI-generated schedules
   • Human review of algorithmic scheduling decisions
   • Right to request schedule modifications
   • Protection against algorithmic retaliation

4. AI Training & Displacement

   • Mandatory retraining for AI-displaced workers
   • 90-day notice of AI system implementation
   • Worker consultation in AI deployment
   • Severance requirements for AI-driven layoffs

Title IV: Worker Classification & Protection

Section 301: Employee Classification

1. Classification Standards

   • Clear three-part test for independent contractor status
   • Presumption of employee status unless proven otherwise
   • Joint employer liability for contracted work
   • Industry-specific guidelines for common arrangements

2. Gig Economy Protections

   • Minimum earnings guarantee for platform workers
   • Transparent payment calculations and algorithms
   • Right to reject work without penalty
   • Portable benefits system for multi-platform workers

Section 302: Child Labor Protections

1. Age Restrictions

   • Strict limits on work hours for minors
   • Prohibited hazardous occupations list
   • Enhanced penalties for violations
   • Mandatory education priority over work schedules

2. Enforcement Mechanisms

   • Tripled inspector workforce for child labor violations
   • Anonymous reporting system with whistleblower protection
   • Mandatory reporting by healthcare providers
   • Enhanced coordination with state education departments

Title IV: Workplace Safety & Health

Section 401: Safety Standards

1. General Requirements

   • Updated workplace safety standards for modern hazards
   • Mandatory safety committees in large workplaces
   • Required safety training in primary language
   • Protection against extreme weather conditions

2. Enforcement

   • Increased OSHA inspector staffing
   • Higher penalties for repeat violations
   • Criminal liability for knowing violations
   • Worker right-to-refuse unsafe work

Title V: International & Remote Work

Section 501: Cross-Border Employment

1. Jurisdiction & Compliance

   • Primary workplace law applies based on worker's physical location
   • Minimum standards apply regardless of employer location
   • International cooperation framework for enforcement
   • Clear conflict resolution procedures

2. Remote Work Rights

   • Right to request remote work arrangements
   • Protection against discrimination for remote workers
   • Equal promotion and development opportunities
   • Clear standards for remote workplace safety

Section 502: International Standards

1. Cross-Border Enforcement

   • International enforcement cooperation agreements
   • Standardized reporting requirements
   • Joint investigation protocols
   • Mutual recognition of worker protections

2. Global Minimum Standards

   • Basic rights applicable across borders
   • International worker data protection
   • Cross-border union cooperation rights
   • Harmonized safety standards

Title VI: Technology & Privacy Protection

Section 601: Worker Privacy Rights

1. Data Collection Limits

   • Explicit consent required for non-essential monitoring
   • Right to access all collected personal data
   • Right to correct or delete inaccurate data
   • Strict limits on biometric data collection

2. Monitoring Restrictions

   • Ban on continuous surveillance
   • Clear disclosure of all monitoring methods
   • Right to disconnect outside work hours
   • Protection of personal device privacy

Section 602: Emerging Technologies

1. Technology Review Board

   • Quarterly assessment of new workplace technologies
   • Updates to protection standards
   • Emergency response to new threats
   • Worker representation requirement

2. Blockchain & Smart Contracts

   • Standards for blockchain-based payment systems
   • Smart contract transparency requirements
   • Protection against automated enforcement
   • Right to human review of smart contracts

Title VII: Small Business Support

Section 701: Compliance Assistance

1. Technical Support

   • Free compliance consulting services
   • Government-provided AI audit tools
   • Technical training programs
   • Regional compliance centers

2. Financial Assistance

   • Implementation grants for small businesses
   • Tax credits for compliance costs
   • Low-interest modernization loans
   • Shared service programs

Section 702: Phase-In Programs

1. Graduated Implementation
   • Size-based implementation timeline
   • Industry-specific adjustment periods
   • Technical assistance during transition
   • Hardship exemption process

Title VIII: Implementation & Oversight

Section 501: Oversight Committee

1. Structure

   • Independent board with labor, business, and public representatives
   • Regular public reporting requirements
   • Authority to investigate systemic violations
   • Power to issue emergency standards

2. Enforcement Resources

   • Dedicated funding stream from penalties
   • State-level enforcement grants
   • Training programs for compliance officers
   • Public database of violations

Section 802: Implementation Timeline

1. Large Enterprises (500+ employees)

   • 90 days: Basic wage provisions
   • 180 days: AI transparency requirements
   • 270 days: International compliance
   • 1 year: Full implementation

2. Mid-Size Companies (100-499 employees)

   • 180 days: Basic wage provisions
   • 270 days: AI transparency requirements
   • 1 year: International compliance
   • 18 months: Full implementation

3. Small Businesses (< 100 employees)

   • 1 year: Basic wage provisions
   • 15 months: AI transparency requirements
   • 18 months: International compliance
   • 2 years: Full implementation

4. Ongoing Requirements

   • Quarterly technology impact assessments
   • Annual standards review and updates
   • Biennial international alignment review
   • Continuous small business support programs

Title IX: Enhanced Platform Work Protection

Section 901: Gig Worker Rights Enhancement

1. Benefits Portability Across Platforms

   • Mandatory portable benefits system for multi-platform workers
   • Universal benefits account accessible across all gig platforms
   • Pro-rated benefits based on total earnings across platforms
   • Standardized benefits calculation methodology

2. Collective Bargaining Rights for Platform Workers

   • Right to form unions for platform workers
   • Sector-based collective bargaining for similar platform work
   • Protection against retaliation for union organizing
   • Mandatory good-faith bargaining with platform worker organizations

Section 902: Enhanced AI Workplace Surveillance Limits

1. Comprehensive AI Monitoring Restrictions

   • Prohibition on continuous AI monitoring of worker productivity
   • Right to disconnect from AI monitoring systems during breaks
   • Worker consent required for biometric monitoring systems
   • Regular audits of AI workplace surveillance systems

2. AI Decision Transparency

   • Right to explanation for all AI-driven workplace decisions
   • Human review required for AI-based performance evaluations
   • Appeal process for AI-driven disciplinary actions
   • Regular bias testing of workplace AI systems

Section 903: International Labor Standards Coordination

1. Global Worker Protection Standards

   • Alignment with International Labour Organization standards
   • Mutual recognition of worker protection certifications
   • Cross-border enforcement cooperation for labor violations
   • Protection for workers in international supply chains

2. Multinational Corporation Accountability

   • Parent company liability for subsidiary labor violations
   • Supply chain labor compliance requirements
   • Regular audits of international operations
   • Worker protection standards for overseas operations

Section 803: Emergency Powers

1. Rapid Response Provisions

   • Authority to issue emergency standards
   • Expedited enforcement for severe violations
   • Crisis adaptation protocols
   • Temporary relief mechanisms

2. Technology Disruption Response

   • Emergency assessment of new technologies
   • Rapid protection implementation
   • Worker displacement mitigation
   • Market disruption management

Severability

If any provision of this Act is held invalid, the remainder shall not be affected thereby.

---

Public Education & Resources

• Plain language guides for workers
• Multi-language resources
• Free compliance assistance for small businesses
• Worker rights hotline