An Act to provide immediate, meaningful protection for workers exercising their rights under the National Labor Relations Act and the United States Constitution, to establish rapid enforcement mechanisms with real deterrence, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.—This Act may be cited as the “Protect All Workers ACT” or the “PAWS Act”.
(b) Table of Contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Rapid Employee Protection System (REPS).
Sec. 4. Meaningful protection from retaliation.
Sec. 5. Rapid enforcement procedures.
Sec. 6. Meaningful deterrence and penalties.
Sec. 7. Worker control and anonymity protections.
Sec. 8. Comprehensive worker rights education.
Sec. 9. Independent oversight and accountability.
Sec. 10. Protection for all workers regardless of union status.
Sec. 11. Emergency relief for workers facing retaliation.
Sec. 12. Worker protection fund.
Sec. 13. Constitutional rights enforcement.
Sec. 14. Rulemaking authority.
Sec. 15. Severability.
Sec. 16. Effective date.
Sec. 17. Authorization of appropriations.
Sec. 18. State employee protection systems.
Sec. 19. Attorney’s fees and costs.
SECTION 2. FINDINGS AND PURPOSES.
(a) Findings.—Congress finds the following:
(1) The National Labor Relations Act guarantees fundamental rights to 170 million American workers, including the right to organize, strike, and engage in concerted activities.
(2) These rights exist in theory only, as workers living paycheck to paycheck cannot risk income interruption to assert their legal rights.
(3) Current penalties for employer retaliation are so insignificant that they serve as no deterrent to unlawful conduct.
(4) The National Labor Relations Board process takes years to resolve cases, rendering protection meaningless for workers facing immediate economic hardship.
(5) The vast majority of American workers are not unionized but possess the same rights as union members under Section 7 of the NLRA.
(6) The current system forces workers to choose between asserting their rights and providing for their families, creating a climate of fear that undermines democratic participation.
(7) The lack of meaningful worker protection violates constitutional principles of due process and equal protection under the law.
(8) Workers need a centralized government system to document workplace violations, rapid enforcement measured in days, not years, meaningful penalties that actually deter retaliation, and the ability to control when and how they reveal their identity.
(9) The federal government operates robust systems through the Internal Revenue Service, Social Security Administration, and Centers for Medicare & Medicaid Services that could be leveraged to reduce implementation costs and accelerate deployment of worker protections.
(10) State-level employee protection systems can serve as vital failsafe mechanisms to ensure workers have access to rapid enforcement even if federal systems experience delays or capacity constraints.
(b) Purposes.—The purposes of this Act are—
(1) to establish the Rapid Employee Protection System (REPS) for documenting workplace violations and protecting worker rights;
(2) to provide rapid enforcement that resolves cases in days, not years;
(3) to establish meaningful deterrence through penalties of $50,000 or more per violation;
(4) to give workers control over their documentation and identity, including anonymous registration with the choice of when to reveal themselves;
(5) to provide immediate, meaningful protection for workers exercising their rights under federal law;
(6) to ensure that worker rights are protected regardless of union affiliation;
(7) to establish independent oversight of worker protection enforcement;
(8) to guarantee that constitutional rights apply in the workplace;
(9) to eliminate the climate of fear that prevents workers from asserting their legal rights;
(10) to leverage existing federal infrastructure where appropriate to reduce costs and accelerate implementation;
(11) to authorize state employee protection systems as failsafe mechanisms ensuring continuous access to rapid enforcement;
(12) to provide workers with multiple pathways to justice, including administrative remedies and direct access to federal courts.
SECTION 3. RAPID EMPLOYEE PROTECTION SYSTEM (REPS).
(a) Establishment.—There is established within the executive branch a Rapid Employee Protection System (REPS) to provide a unified platform for workers to document workplace violations, file complaints, and access protections under this Act.
(b) System Requirements.—The Rapid Employee Protection System shall—
(1) provide secure online and telephone access for workers to register and document workplace violations;
(2) maintain government-verified timestamps for all worker documentation and complaints;
(3) allow workers to register anonymously and maintain control over when and how they reveal their identity;
(4) provide workers with secure access to their documentation history;
(5) integrate with enforcement mechanisms to enable rapid response to violations;
(6) maintain comprehensive records of employer violations and enforcement actions;
(7) provide workers with real-time status updates on their cases;
(8) ensure data security and privacy protections for worker information;
(9) be accessible in multiple languages and formats to accommodate all workers;
(10) provide mobile-friendly access for workers without computer access.
(c) Leveraging Existing Federal Infrastructure.—
(1) The Independent Worker Protection Agency may, at its discretion, enter into agreements with the Internal Revenue Service, Social Security Administration, Centers for Medicare & Medicaid Services, and other federal agencies to leverage existing infrastructure, authentication systems, and administrative capabilities for REPS implementation.
(2) Such agreements may include, but are not limited to:
(A) Utilizing existing secure login systems and identity verification mechanisms;
(B) Integrating REPS access into existing federal portals that workers already use;
(C) Leveraging existing data security and privacy infrastructure;
(D) Sharing administrative and technical support resources;
(E) Coordinating enforcement data with existing employer reporting systems.
(3) Any such agreements shall:
(A) Maintain the independence and integrity of REPS;
(B) Preserve all worker privacy and anonymity protections under this Act;
(C) Not impose additional burdens on the partnering agencies beyond mutually agreed terms;
(D) Be designed to reduce overall implementation costs and accelerate system deployment;
(E) Be subject to regular review to ensure effectiveness and efficiency.
(4) The Agency shall report to Congress annually on any infrastructure-sharing agreements, including cost savings achieved and any challenges encountered.
(5) Nothing in this subsection shall be construed to require any federal agency to participate in infrastructure sharing, and all such arrangements shall be voluntary and mutually beneficial.
(d) Anonymous Registration.—Workers may register with REPS anonymously and document workplace violations without revealing their identity. Workers shall have sole control over when and whether to reveal their identity to employers or enforcement agencies.
(e) Documentation Authority.—Documentation entered into REPS by workers shall be admissible as evidence in all proceedings under this Act and shall create a rebuttable presumption of accuracy when government-verified timestamps are present.
(f) Integration with Enforcement.—REPS shall be integrated with all enforcement mechanisms under this Act to enable rapid investigation and resolution of complaints.
SECTION 4. MEANINGFUL PROTECTION FROM RETALIATION.
(a) Prohibited Retaliation.—It shall be unlawful for any employer to discharge, suspend, lay off, fail to recall from layoff, demote, discipline, blacklist, reduce the hours or pay of, or take any other adverse action against any employee for—
(1) exercising any right protected under Section 7 of the National Labor Relations Act;
(2) filing or participating in any proceeding under this Act;
(3) registering with or documenting violations in the Rapid Employee Protection System;
(4) refusing to violate federal, state, or local law;
(5) discussing wages, hours, or working conditions with coworkers;
(6) engaging in protected concerted activities, including strikes and work stoppages;
(7) requesting coworker presence during employer meetings;
(8) acting as a spokesperson for group concerns;
(9) providing information to government agencies or law enforcement.
(b) Presumption of Retaliation.—Adverse action taken within 90 days of protected activity shall create a rebuttable presumption of retaliation. The employer must prove by clear and convincing evidence that the action was taken for legitimate, non-retaliatory reasons.
(c) Protection for Applicants.—The protections of this section shall apply to job applicants who are denied employment based on previous protected activity.
(d) Protection for Anonymous Documentation.—Employers shall be prohibited from taking any action to identify workers who have registered anonymously with REPS or to retaliate against workers suspected of such registration.
SECTION 5. RAPID ENFORCEMENT PROCEDURES.
(a) Emergency Hearings.—Workers alleging retaliation under this Act may file an emergency petition for immediate relief. The Independent Worker Protection Agency shall conduct a hearing within 7 days of filing and issue a decision within 14 days.
(b) Interim Relief.—Upon a prima facie showing of retaliation, the Agency shall order immediate reinstatement with full back pay and benefits pending final resolution.
(c) Fast-Track Procedures.—All cases under this Act shall receive priority scheduling and expedited processing. Final decisions must be issued within 30 days of filing, except for good cause shown.
(d) De Novo Review.—Workers may seek de novo review in federal district court if the Agency fails to issue a timely decision. Courts must decide such cases within 60 days.
(e) Automatic Appeals.—Any worker adversely affected by an Agency decision may obtain automatic review in the appropriate federal court of appeals.
(f) Enforcement Timeline.—From initial complaint to final resolution, including appeals, cases under this Act shall be resolved within 90 days absent extraordinary circumstances.
(g) Direct Court Access.—
(1) Immediate Standing. Workers may file civil actions in federal district court at any time under Section 9(d), regardless of whether they have filed with REPS or are awaiting administrative resolution.
(2) Automatic Standing After Delay. Workers shall have automatic standing to file in the federal district court if:
(A) The Agency fails to conduct a hearing within 7 days as required by subsection (a);
(B) The Agency fails to issue a decision within 14 days as required by subsection (a);
(C) Final decisions are not issued within 30 days as required by subsection (c);
(D) Any other timeline specified in this Act is not met.
(3) Parallel Proceedings. Workers may pursue administrative remedies through REPS and judicial remedies in federal court simultaneously, and remedies shall be cumulative rather than exclusive.
(4) No Exhaustion Requirement. Workers are not required to exhaust administrative remedies before filing in federal court.
(5) Expedited Court Proceedings. Federal district courts shall:
(A) Treat all cases filed under this Act as emergency matters requiring expedited handling;
(B) Conduct hearings within 14 days of filing;
(C) Issue decisions within 30 days of filing;
(D) Provide immediate preliminary relief upon prima facie showing of retaliation.
(6) Court Jurisdiction. Federal district courts shall have jurisdiction over:
(A) All claims arising under this Act;
(B) Constitutional claims related to workplace retaliation;
(C) State law claims arising from the same facts;
(D) Claims for injunctive relief, damages, and attorney’s fees.
(7) Venue. Workers may file suit in:
(A) The district where the violation occurred;
(B) The district where the employer maintains its principal place of business;
(C) The district where the worker resides;
(D) Any district where the employer conducts business.
SECTION 6. MEANINGFUL DETERRENCE AND PENALTIES.
(a) Minimum Civil Penalties.—Employers who violate this Act shall be subject to civil penalties of not less than $50,000 per violation, or $100,000 per violation for willful or repeat offenses.
(b) Escalating Penalties.—
(1) Second violation within 5 years: minimum $100,000 per violation;
(2) Third violation within 5 years: minimum $250,000 per violation;
(3) Fourth or subsequent violation within 5 years: minimum $500,000 per violation.
(c) Individual Liability.—Corporate officers, directors, and managers who participate in or authorize violations shall be personally liable for civil penalties and may face criminal charges for willful violations.
(d) Treble Damages.—Workers who prove retaliation shall be entitled to treble damages, including lost wages, benefits, and emotional distress.
(e) Punitive Damages.—Courts may award punitive damages up to $1,000,000 for willful violations that show reckless disregard for worker rights.
(f) Public Disclosure.—Employers found to violate this Act shall be listed on a public database maintained by the Independent Worker Protection Agency, including the nature of violations, penalties imposed, and compliance status.
(g) Debarment.—Repeat violators may be debarred from federal contracts and programs for up to 10 years.
(h) Criminal Penalties.—Willful violations resulting in serious economic harm to workers may be prosecuted as criminal offenses with fines up to $1,000,000 and imprisonment up to 10 years.
(i) No Caps on Penalties.—There shall be no caps on the total amount of penalties that may be imposed on an employer for multiple violations.
SECTION 7. WORKER CONTROL AND ANONYMITY PROTECTIONS.
(a) Worker Control.—Workers shall have complete control over their participation in the Rapid Employee Protection System, including—
(1) the decision to register with REPS;
(2) what information to document and when;
(3) whether to file formal complaints;
(4) when and whether to reveal their identity;
(5) whether to participate in investigations or proceedings;
(6) access to and control over their documentation history.
(b) Anonymity Protections.—
(1) Workers may register with REPS using anonymous identifiers;
(2) REPS shall not require workers to provide identifying information to document violations;
(3) Workers may choose to reveal their identity at any time, but cannot be compelled to do so except by court order in active litigation;
(4) Employers shall be prohibited from attempting to identify anonymous registrants;
(5) The Agency shall maintain strict confidentiality of worker identities unless workers choose to reveal themselves.
(c) Strategic Disclosure.—Workers may choose to reveal their identity and documentation strategically, including—
(1) after building a comprehensive record of violations;
(2) when seeking formal enforcement action;
(3) when filing lawsuits or administrative complaints;
(4) when organizing with coworkers;
(5) at any other time of the worker’s choosing.
(d) Protection After Disclosure.—Once workers choose to reveal their identity and documentation, they shall receive immediate protection under all provisions of this Act, including rapid enforcement and meaningful penalties for any retaliation.
(e) Collective Action.—Multiple workers may coordinate their documentation and disclosure to support collective action, with each worker maintaining individual control over their participation.
SECTION 8. COMPREHENSIVE WORKER RIGHTS EDUCATION.
(a) Worker Notification.—Every employer shall provide written notice to all employees of their rights under this Act, including information about the Rapid Employee Protection System, in languages spoken by employees, within 30 days of enactment and annually thereafter.
(b) Government Education Campaign.—The Department of Labor shall conduct a comprehensive public education campaign to inform workers of their rights and available protections, including the ability to document violations anonymously through REPS.
(c) School Curriculum.—The Department of Education shall develop materials for high school and adult education programs explaining worker rights under federal law, including Section 7 of the NLRA and the protections available under this Act.
(d) Online Resources.—The government shall maintain comprehensive online resources explaining worker rights in plain language, with multilingual accessibility, including video tutorials and interactive guides.
(e) Know Your Rights Training.—The Department of Labor shall provide free training programs for workers, community organizations, and advocacy groups on worker rights and available protections.
(f) Break Room Union Education.—Educational materials shall specifically inform workers that:
(1) Two or more coworkers discussing wages, hours, or working conditions constitute a legal union under Section 7 of the NLRA;
(2) This “break room union” has the same legal protections as formal unions;
(3) Employers cannot retaliate against workers for these discussions;
(4) Workers can use REPS to document violations anonymously.
SECTION 9. INDEPENDENT OVERSIGHT AND ACCOUNTABILITY.
(a) Independent Worker Protection Agency.—There is established within the executive branch an Independent Worker Protection Agency headed by a Director appointed by the President with the advice and consent of the Senate for a term of 5 years.
(b) Powers and Duties.—The Agency shall—
(1) Administer the Rapid Employee Protection System;
(2) Investigate complaints of retaliation under this Act;
(3) Conduct random audits of employer compliance;
(4) Issue subpoenas and hold hearings;
(5) Impose civil penalties for violations;
(6) Refer criminal violations to the Department of Justice;
(7) Maintain public records of employer violations;
(8) Issue annual reports to Congress on worker protection enforcement;
(9) Coordinate with other federal, state, and local agencies;
(10) Provide rapid enforcement within the timelines established by this Act;
(11) Enter into infrastructure-sharing agreements with other federal agencies as authorized under Section 3(c).
(c) Independence.—The Agency shall be independent of the National Labor Relations Board and other existing labor agencies to ensure objective enforcement and rapid response.
(d) Citizen Suits.—Any person aggrieved by a violation of this Act may bring a civil action in a federal district court to enforce compliance, regardless of whether administrative proceedings are pending.
(e) Transparency.—The Agency shall maintain public databases of employer violations, enforcement actions, and compliance records, updated in real-time.
SECTION 10. PROTECTION FOR ALL WORKERS REGARDLESS OF UNION STATUS.
(a) Universal Protection.—All protections under this Act apply equally to union and non-union workers, employees, and independent contractors, full-time and part-time workers.
(b) Gig Economy Workers.—The protections of this Act extend to workers in the gig economy, platform economy, and other non-traditional employment relationships.
(c) Legally Registered Migrant Workers.—All legally registered migrant workers, including those with work authorization, temporary protected status, refugee status, or pending immigration applications, are fully protected under this Act and shall have equal access to all remedies and enforcement mechanisms without regard to their specific immigration category or the duration of their authorized stay.
(d) Public Sector Workers.—State and local government employees are protected under this Act where state law does not provide equivalent or greater protection.
(e) Retaliation Against Non-Union Concerted Activity.—The Act explicitly protects workers who engage in concerted activities without union involvement, including petitions, group complaints, collective action, and break room discussions about wages and working conditions.
SECTION 11. EMERGENCY RELIEF FOR WORKERS FACING RETALIATION.
(a) Immediate Income Replacement.—Workers who face retaliation for protected activity shall receive immediate income replacement equal to their regular wages and benefits, starting within 7 days of filing a complaint.
(b) Emergency Housing Assistance.—Workers facing eviction or foreclosure due to retaliation shall receive emergency housing assistance to prevent homelessness.
(c) Healthcare Continuation.—Workers shall receive continuation of health insurance coverage during the pendency of proceedings under this Act.
(d) Legal Representation.—Workers shall have access to free legal representation through the Independent Worker Protection Agency or qualified nonprofit organizations.
(e) Family Protection.—Emergency relief shall extend to workers’ dependents and family members affected by retaliation.
(f) Rapid Disbursement.—All emergency relief shall be disbursed within 7 days of a prima facie showing of retaliation.
SECTION 12. WORKER PROTECTION FUND.
(a) Establishment.—There is established in the Treasury a Worker Protection Fund to provide immediate relief to workers facing retaliation and to support the operations of the Rapid Employee Protection System.
(b) Funding.—The Fund shall be financed through—
(1) Civil penalties collected under this Act;
(2) Appropriations authorized by Congress;
(3) Donations from individuals and organizations;
(4) Investment income on Fund assets.
(c) Uses.—The Fund shall provide—
(1) Immediate income replacement for workers facing retaliation;
(2) Emergency housing and healthcare assistance;
(3) Legal representation and advocacy services;
(4) Education and training programs;
(5) Administrative costs of the Independent Worker Protection Agency;
(6) Operation and maintenance of the Rapid Employee Protection System;
(7) Grants to states for the development and operation of State Employee Protection Systems.
(d) Administration.—The Fund shall be administered by the Independent Worker Protection Agency with oversight by a Board of Directors including worker representatives, legal experts, and public members.
SECTION 13. CONSTITUTIONAL RIGHTS ENFORCEMENT.
(a) First Amendment Rights.—This Act shall be construed to protect workers’ First Amendment rights to freedom of speech, assembly, and petition.
(b) Due Process Rights.—All proceedings under this Act shall provide due process protections, including notice, hearing, impartial decision-makers, and judicial review.
(c) Equal Protection.—This Act shall be applied equally to all workers regardless of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, or immigration status.
(d) Privacy Rights.—Workers retain privacy rights in the workplace, including the right to private communications about working conditions and the right to anonymous documentation of violations.
(e) Constitutional Remedies.—Workers may seek relief under this Act and the United States Constitution concurrently, and remedies shall be cumulative rather than exclusive.
SECTION 14. RULEMAKING AUTHORITY.
(a) In General.—The Independent Worker Protection Agency shall issue such rules and regulations as are necessary to carry out the purposes of this Act, including laws governing the operation of the Rapid Employee Protection System.
(b) Public Participation.—All rulemaking shall provide for meaningful public participation, including notice and comment periods, public hearings, and consideration of worker testimony.
(c) Congressional Review.—Major rules shall be subject to congressional review under the Congressional Review Act.
(d) Judicial Review.—All rules issued under this Act shall be subject to judicial review in federal courts.
SECTION 15. SEVERABILITY.
If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 16. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of enactment, except that:
(1) The Independent Worker Protection Agency shall be established and operational within 180 days of enactment;
(2) The Rapid Employee Protection System shall be operational within 180 days of enactment;
(3) Enforcement provisions shall take effect immediately upon REPS becoming operational.
SECTION 17. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this Act, including—
(1) $500,000,000 for the initial capitalization of the Worker Protection Fund;
(2) $300,000,000 annually for Agency operations and the Rapid Employee Protection System, with the understanding that actual costs may be substantially reduced through infrastructure-sharing agreements with existing federal agencies;
(3) $50,000,000 annually for education and outreach programs;
(4) $25,000,000 annually for grants to states for development and operation of State Employee Protection Systems;
(5) Such additional sums as may be necessary for emergency worker relief.
SECTION 18. STATE EMPLOYEE PROTECTION SYSTEMS.
(a) Authorization.—States may establish State Employee Protection Systems (State EPS) to provide worker protections that meet or exceed the requirements of this Act.
(b) Minimum Standards.—Any State EPS must provide:
(1) Anonymous registration and documentation capabilities equivalent to REPS;
(2) Enforcement timelines no longer than those specified in Section 5 of this Act;
(3) Penalties no less than those specified in Section 6 of this Act;
(4) Worker control and anonymity protections equivalent to Section 7 of this Act;
(5) Emergency relief provisions equivalent to Section 11 of this Act.
(c) Concurrent Jurisdiction.—
(1) Workers may file complaints with either the federal REPS or a qualifying State EPS, or both simultaneously;
(2) Filing with a State EPS does not preclude filing with federal REPS;
(3) Workers may transfer cases from State EPS to federal REPS or vice versa at any time;
(4) Remedies obtained through State EPS do not preclude additional remedies through federal REPS or federal courts.
(d) Federal Certification.—
(1) The Independent Worker Protection Agency shall establish a certification process for State EPS;
(2) Certified State EPS shall be listed on the federal REPS website;
(3) Certification shall be granted to any State EPS that meets the minimum standards of subsection (b);
(4) Certification may be revoked if a State EPS fails to maintain minimum standards.
(e) Failsafe Mechanism.—
(1) If federal REPS experiences delays exceeding the timelines in Section 5, the Agency shall:
(A) Immediately notify affected workers of their right to file with certified State EPS;
(B) Provide workers with contact information for all certified State EPS;
(C) Offer to transfer pending cases to State EPS at the worker’s request;
(D) Report delays to Congress within 7 days.
(2) Workers whose cases are delayed beyond federal timelines may:
(A) Transfer their cases to certified State EPS without penalty;
(B) File new cases directly in federal district court under Section 5(d);
(C) Maintain their cases in federal REPS while simultaneously pursuing state or federal court remedies.
(f) Federal Support for State Systems.—
(1) The Independent Worker Protection Agency may provide technical assistance to states developing State EPS;
(2) The Agency may enter into cooperative agreements with states to share infrastructure, data systems, and best practices;
(3) States may apply for federal grants to establish or enhance State EPS;
(4) The Worker Protection Fund may be used to support state system development.
(g) Interstate Cooperation.—
(1) States are encouraged to enter into interstate compacts to coordinate State EPS operations;
(2) Workers may file complaints in any state where the employer operates, regardless of where the violation occurred;
(3) State EPS shall recognize and enforce orders issued by other certified State EPS.
(h) Preemption.—
(1) This section does not preempt state laws that provide greater protections for workers;
(2) State EPS may provide additional protections, shorter timelines, or higher penalties than required by this Act;
(3) Workers retain all rights under state law in addition to rights under this Act.
(i) Reporting.—
(1) The Agency shall report annually to Congress on:
(A) The number and performance of certified State EPS;
(B) Case volumes and resolution times at state and federal levels;
(C) Any systemic delays in federal REPS and corrective actions taken;
(D) Recommendations for improving the federal-state partnership.
SECTION 19. ATTORNEY’S FEES AND COSTS.
(a) Prevailing Party.—
(1) In any action or proceeding under this Act, the court shall award reasonable attorney’s fees and costs to the prevailing worker.
(2) A worker shall be considered a prevailing party if the worker obtains:
(A) A judgment in their favor;
(B) A settlement that provides any relief;
(C) A consent decree;
(D) Any other judicially sanctioned change in the legal relationship between the parties.
(3) Attorney’s fees shall be awarded regardless of the amount of damages recovered.
(b) Calculation of Fees.—
(1) Lodestar Method. Attorney’s fees shall be calculated using the lodestar method: reasonable hourly rate multiplied by hours reasonably expended.
(2) Reasonable Hourly Rate. The reasonable hourly rate shall be:
(A) The prevailing market rate for attorneys of similar experience in the relevant community;
(B) Not less than $350 per hour for attorneys with five or more years of experience;
(C) Not less than $250 per hour for attorneys with less than 5 years of experience;
(D) Adjusted annually for inflation based on the Consumer Price Index.
(3) Multiplier for Exceptional Results. Courts may apply a multiplier of up to 3.0 to the lodestar amount when:
(A) The case involves novel or complex legal issues;
(B) The attorney achieved exceptional results for the worker;
(C) The case required extraordinary skill or effort;
(D) The employer engaged in particularly egregious conduct.
(4) Minimum Fee Award. In cases where the worker prevails, the minimum attorney’s fee award shall be $25,000, regardless of hours expended or damages recovered.
(c) Contingency Fee Arrangements.—
(1) Authorization. Attorneys may enter into contingency fee arrangements with workers under this Act, notwithstanding any state law to the contrary.
(2) Reasonable Contingency Fees. Contingency fees shall be considered reasonable if they do not exceed:
(A) 40% of the first $100,000 recovered;
(B) 33% of amounts recovered between $100,000 and $500,000;
(C) 25% of the amounts recovered above $500,000.
(3) Dual Recovery. When a worker is represented on a contingency basis and prevails:
(A) The worker receives 100% of the damages awarded;
(B) The attorney receives the contingency fee from the worker’s recovery;
(C) The attorney also receives court-awarded attorney’s fees from the employer;
(D) The court-awarded fees shall not reduce the worker’s recovery.
(4) Fee Agreements. All contingency fee agreements must:
(A) Be in writing and signed by the worker;
(B) Clearly explain the dual recovery provision;
(C) Specify that court-awarded fees do not reduce workers’ damages;
(D) Be provided in the worker’s primary language.
(d) Enhanced Fees for Bad Faith Defense.—
(1) If the court finds that an employer defended a case in bad faith or engaged in dilatory tactics, the court shall:
(A) Award attorney’s fees at 1.5 times the lodestar amount;
(B) Award additional damages to the worker equal to 25% of the total recovery;
(C) Impose sanctions on the employer and their attorneys.
(2) Bad faith includes:
(A) Asserting defenses without a reasonable basis;
(B) Failing to comply with discovery obligations;
(C) Refusing reasonable settlement offers;
(D) Engaging in harassment or intimidation of the worker or their attorney.
(e) Costs and Expenses.—
(1) Prevailing workers shall recover all reasonable costs and expenses, including:
(A) Filing fees and court costs;
(B) Deposition costs;
(C) Expert witness fees;
(D) Investigation costs;
(E) Technology and document management costs;
(F) Travel expenses;
(G) Any other costs reasonably incurred in prosecuting the case.
(2) Costs shall be awarded in addition to attorney’s fees and damages.
(f) Interim Fee Awards.—
(1) In cases lasting longer than 90 days, workers’ attorneys may petition for interim fee awards every 90 days.
(2) Courts shall grant interim fee awards upon a showing that:
(A) The worker is likely to prevail;
(B) The attorney has expended substantial time on the case;
(C) Interim fees are necessary to continue representation.
(3) Interim fees shall be paid by the employer within 30 days of the court order.
(g) No Fees for Employers.—
(1) Employers shall not be awarded attorney’s fees under any circumstances, even if the employer prevails.
(2) This one-way fee-shifting is necessary to:
(A) Eliminate the chilling effect on workers asserting their rights;
(B) Recognize the power imbalance between workers and employers;
(C) Encourage workers to pursue meritorious claims without fear of financial ruin.
(h) Fee Disputes.—
(1) Any dispute over attorney’s fees shall be resolved by the court through expedited proceedings.
(2) Fee disputes shall not delay payment of damages to the worker.
(3) Courts shall resolve fee disputes within 30 days of filing.
(i) Qualified Legal Services Organizations.—
(1) Nonprofit legal services organizations that represent workers under this Act shall be entitled to attorney’s fees under the same terms as private attorneys.
(2) Fee awards to nonprofit organizations shall be used to support their worker representation programs.
(3) The Independent Worker Protection Agency may provide grants to qualified legal services organizations to support representation of workers under this Act.
(j) Pro Bono Representation.—
(1) Attorneys providing pro bono representation to workers under this Act shall be entitled to court-awarded attorneys’ fees at the rates specified in subsection (b).
(2) Pro bono attorneys may donate fee awards to qualified legal services organizations.
(3) Pro bono representation under this Act shall count toward state bar pro bono requirements.
(k) Law School Clinics.—
(1) Law school clinics representing workers under this Act shall be entitled to attorney’s fees based on the supervising attorney’s experience and hourly rate.
(2) Fee awards to law school clinics shall support their clinical programs and student training.
(l) Reporting.—
(1) The Independent Worker Protection Agency shall maintain a public database of attorney’s fee awards under this Act, including:
(A) Case name and jurisdiction;
(B) Amount of fees awarded;
(C) Hours expended;
(D) Hourly rates applied;
(E) Damages recovered;
(F) Whether multipliers were applied.
(2) This database shall help establish reasonable fee standards and promote transparency.
END OF Protect All Workers ACT (PAWS ACT)