Striking and Locked-Out Workers Healthcare

Full Title:
Striking and Locked Out Workers Healthcare Protection Act

Summary#

This measure would stop an employer from ending or changing an employee's group health coverage during a lock-out by the employer or while the employee is on a lawful strike. It adds two new unfair labor practice prohibitions to section 8(a) of the National Labor Relations Act to forbid terminating or altering group health plan coverage during those periods. The text adds a definition of "group health plan" by referencing the Employee Retirement Income Security Act (ERISA) definition. It also amends the penalties section of the National Labor Relations Act to create civil fines for violations, with higher maximum fines when a violation coincides with a discharge or serious economic harm and the employer had a prior similar violation within 5 years. The amendments allow the Board to assess fines against directors or officers in certain cases and direct the Board to consider factors such as gravity, employer size, prior history, and public interest when setting penalty amounts. The measure was introduced May 21, 2025, and was referred to the House Committee on Education and Workforce.

What it means for you#

If enacted, an employer could not terminate or change your group health plan coverage while the employer is conducting a lock-out or while you are engaged in a lawful strike. Employers who violate that prohibition could face civil fines and, in some cases, individual liability for directors or officers who directed or failed to prevent the violation. The definition of which plans are covered refers to the ERISA definition of group health plan.

Expenses#

No publicly available information on federal budgetary cost or estimated fiscal effects is included in the text. The measure sets civil penalties payable by employers: up to $75,000 per violation for violations occurring during a lock-out (doubled to up to $150,000 in specified repeat or severe cases) and up to $50,000 per violation for violations during a lawful strike (doubled to up to $100,000 in specified repeat or severe cases). The Board may also assess penalties against directors or officers in appropriate cases.

Proponents' View#

No publicly available information in the bill text about proponents' statements or arguments. The measure was introduced by Representatives including Christopher Deluzio and Sarah McBride and other cosponsors listed in the public metadata.

Opponents' View#

No publicly available information in the bill text about opponents' statements or arguments.