Additional Labor and Employment Bills Introduced

Although the pace has slowed somewhat, lawmakers continue to introduce new labor and employment legislation. The following bills have been introduced during the second month of the 112th Congress:

Wage and Hour

Rep. Donna Edwards (D-MD) reintroduced legislation that would amend the Fair Labor Standards Act (FLSA) to establish a base minimum wage for tipped employees. The Working for Adequate Gains for Employment in Services (WAGES) Act (H.R. 631) would mandate that tipped employees be paid at least $3.75 per hour. This amount would increase to $5 per hour a year after enactment. The following year, this base amount would increase to 70 percent of the minimum wage as established under section 6(a)(1) of the FLSA, or $5.50 per hour, whichever amount is greater. Although this bill would have a significant impact on the service industry if enacted, its chance of passage this term is slim.

Health and Safety

The Worker Protection Against Combustible Dust Explosions and Fires Act (H.R. 522), which was introduced by Rep. George Miller (D-CA), would require the Secretary of Labor to issue an interim occupational safety and health standard addressing worker exposure to combustible dust within one year and a proposed rule within 18 months. The agency is already in the process of drafting a proposed rule on combustible dust. During a recent web chat on OSHA’s regulatory agenda, Assistant Secretary of Labor David Michaels said that while no final rule issuance date can be predicted, the agency plans to initiate its Small Business Regulatory Enforcement Fairness Act (SBREFA) process – which, according to Michaels, takes about 120 days to complete – in April 2011. It is unlikely that H.R. 522 will advance in the Republican-controlled House.

Rep. Mazie Hirono (D-HI) introduced the Ensuring Worker Safety Act (H.R. 571), which would require a heightened review process by the Secretary of Labor of state occupational safety and health plans. The bill would establishes a formal mechanism for OSHA to identify a problem with an OSHA State plan and compel a remedy without beginning the process for withdrawing approval. The bill also would provide OSHA with concurrent enforcement authority while a State plan is remedying deficiencies or being withdrawn, after 30-days notice of official federal action and an opportunity for a public hearing. This measure, which has been referred to the House Committee on Education and the Workforce, is unlikely to advance

Labor

Rep. John Gingrey (R-GA) introduced the Restoring Democracy in the Workplace Act (H.R. 548), which would repeal the recently enacted National Mediation Board (NMB) rule (pdf) that changed the long-established representation election process. Under the former approach, which was in place for more than 75 years, a majority of employees eligible to vote in representation elections determined the outcome of the election. As a result, employees who chose not to participate were effectively viewed as “no union” votes. The NMB’s new rule changed this policy by basing the voting outcome on the majority of those who actually vote.  In September 2010, a resolution to accomplish the same end failed in the Senate.

Employee Benefits

The Emergency Unemployment Compensation Expansion Act of 2011 (H.R. 589), introduced by Rep. Barbara Lee (D-CA), would provide for yet another extension of first-tier emergency unemployment compensation.

Yet another bill, the Lifetime Income Disclosure Act (H.R. 677), would amend the Employee Retirement Income Security Act to require a lifetime income disclosure. Rep. Rush Holt (D-NJ) and Rep. Tom Petri (R-WI) introduced the bill that would require 401(k) plan sponsors to inform participating workers of the projected monthly income they could expect at retirement based on their current account balance.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.