S1984119th CongressWALLET

Striking and Locked Out Workers Healthcare Protection Act

Sponsored By: Senator Baldwin, Tammy [D-WI]

Introduced

Summary

Protects workers' health coverage during strikes and lockouts. It bars employers from terminating or altering group health plan benefits while workers are locked out or engaged in a lawful strike.

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  • Workers: Striking or locked-out employees keep their group health plan coverage during the dispute under the Employee Retirement Income Security Act (ERISA) definition.
  • Employers: Violations trigger civil penalties up to $75,000 per lockout-related violation and up to $50,000 per strike-related violation. Penalties can be doubled in cases of serious harm or repeat offenses.
  • Directors and officers: Penalties may also be assessed against any director or officer who directed, committed, or had knowledge of a violation and the authority to prevent it. Penalty decisions must consider factors like the gravity of the actions, employer size, prior unfair labor practices, and the public interest.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Keep employer health coverage during strikes

If enacted, this bill would protect your employer group health plan during a lawful strike or a lockout. It defines "group health plan" using the ERISA meaning in 29 U.S.C. 1167(1). Employers could not end or change your coverage while you are on a lawful strike or while the employer locks out workers to influence bargaining. The National Labor Relations Board could fine employers up to $75,000 per lockout-related violation and up to $50,000 per strike-related violation. Those fines could double to $150,000 or $100,000 when the practice causes serious economic harm or coincides with a discharge and the employer committed a similar violation in the prior five years. The Board could also assess penalties against directors or officers in some cases, and fines are in addition to other remedies the Board may order.

Sponsors & CoSponsors

Sponsor

Baldwin, Tammy [D-WI]

WI • D

Cosponsors

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 6/5/2025

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 6/5/2025

  • Sen. Fetterman, John [D-PA]

    PA • D

    Sponsored 6/5/2025

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 6/5/2025

  • Sen. Smith, Tina [D-MN]

    MN • D

    Sponsored 6/5/2025

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 6/5/2025

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 6/5/2025

  • Sen. Whitehouse, Sheldon [D-RI]

    RI • D

    Sponsored 6/5/2025

  • Sen. Markey, Edward J. [D-MA]

    MA • D

    Sponsored 6/5/2025

  • Sen. Van Hollen, Chris [D-MD]

    MD • D

    Sponsored 6/5/2025

  • Sen. Gallego, Ruben [D-AZ]

    AZ • D

    Sponsored 6/24/2025

  • Sen. Murphy, Christopher [D-CT]

    CT • D

    Sponsored 6/26/2025

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 9/8/2025

  • Sen. Duckworth, Tammy [D-IL]

    IL • D

    Sponsored 11/7/2025

Roll Call Votes

No roll call votes available for this bill.

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