FEDA NEWS & VIEWS
INDUSTRY INSIGHTS
New Warehouse Workers Bill Delivers Labor Wish List
T e Warehouse Worker Protection Act would place heavy restrictions on wholesale distributors and revive failed ergonomics standards.
As a long-time policy wonk and now chief government relations offi cer at the National Association of Wholesaler-Distributors (NAW), I am always on the lookout for trends in activist anti-employer legislation. The latest such movement merges
a fear of automation and AI in the workplace with some old-school pro-union messaging, manifesting in legislation targeting warehouse facilities in a handful of states and an alarming Congressional bill, the Warehouse Worker Protection Act (WWPA), that would encompass the entire wholesale distribution industry. Introduced in the Senate by Sen. Ed Markey (D-MA) and Rep. Donald Norcross (D-NJ) in the House, the bill creates a new “Fairness and Transparency Offi ce” within the Wage and Hour Division of the Department of Labor. This offi ce would oversee new standards regarding quotas and workplace surveillance specifically within the warehousing and the distribution industry. Further, it would be empowered to draft and enforce rules on any worksite surveillance, quota or effi ciency standard — especially if used to determine productivity in a distributor’s warehouse. To ensure employers abide by the new rules, the bill invites representatives of labor organizations and worker advocacy groups to assist the new agency when conducting investigations into the workplace. Digging deeper into the labor wish list, the bill amends the National Labor Relations Act (NLRA) by establishing a new unfair labor practice for an employer to impose a quota that “signifi cantly discourages or prevents” an employee from exercising their rights under the NLRA. Additionally, the WWPA states that if an employer
imposes a quota on an employee within 90 days of the employee exercising their rights under the NLRA, there is a presumption that the action is retaliation against the employee and in violation of the NLRA. But wait, there’s more! One of the most egregious
“However, being pro-worker does not require anti- employer policies, and we must be unapologetic in our support for free enterprise and the distribution industry.”
provisions would revive the Clinton-era OSHA ergonomics rule fi rst issued in 2000 and later invalidated by Congress on a broad bipartisan basis. The reasons behind this bipartisan disapproval remain unchanged: the science around ergonomics is not settled and any standard would be extremely costly, if not impossible, for employers to implement.
Beyond the bad policies in this bill
are some disturbingly bad politics. Both Democratic and Republican politicians are looking for ways to appease big labor. The WWPA, which was introduced with bipartisan support in the House, is just one example. The rise of populism in both parties has candidates looking for new ways to appeal to workers and that, in turn, has emboldened union leaders. However, being pro-worker does not require anti-employer policies, and we must be unapologetic in our support for free enterprise and the distribution
industry. Capitalism and the millions of jobs created by it are worth defending. Although the WWPA may not move during this
Congress, bills like it have a new momentum and NAW and our coalition of allied trade associations, including FEDA, are pushing back. I’m eager to share more information on these efforts and other critical legislative and regulatory proposals affecting wholesale distribution during the FEDA Annual Conference’s opening session. It’s a presentation that all distribution leaders should be sure to attend.
Brian Wild is the chief government relations officer for the National Association of Wholesaler- Distributors.
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