H.R. 3532: Striking and Locked Out Workers Healthcare Protection Act

This bill, titled the Striking and Locked Out Workers Healthcare Protection Act, aims to protect healthcare coverage for employees during strikes and lockouts. The key points of the legislation are outlined below:

Employer Obligations

• The bill amends the National Labor Relations Act to make it illegal for employers to terminate or alter healthcare coverage for employees under a group health plan while:
  • The employer is conducting a lockout.
  • The employee is participating in a lawful strike.

Definition of Terms

• The term "group health plan" is defined according to existing laws governing employee benefits.

Penalties for Non-Compliance

• If an employer fails to comply with the provisions of this bill, they may be subject to civil penalties:
  • Up to $75,000 for each violation related to lockout coverage, which may double to $150,000 if it coincides with serious economic harm or a previous violation.
  • Up to $50,000 for each violation related to strike coverage, potentially doubling to $100,000 under similar circumstances.
• Directors and officers of the employer may also be held personally accountable in certain situations.
• The penalties may take into account various factors, including the severity of the violation and the employer’s history of unfair labor practices.

Enforcement

• The penalties are in addition to any other remedies that might be ordered by the National Labor Relations Board (NLRB).

Conclusion

The bill seeks to ensure that workers retain access to their healthcare benefits during disputes between employees and employers concerning labor conditions.

Relevant Companies