Congress Continues to Introduce Labor & Employment Bills

Less than one month into the new session, the 112th Congress continues to introduce labor and employment-related bills at a rapid pace. While a substantial portion of new legislation targets health care, a number of bills have focused on employment-related reforms. The following measures were offered during the past week alone:

Immigration

On January 24, Rep. Jeff Flake (R-AZ) re-introduced the Stopping Trained in America Ph.D.s From Leaving the Economy (STAPLE) Act of 2011 (H.R. 399), a bill that would exempt foreign students who have earned a Ph.D. degree in science, technology, engineering, or mathematics from a U.S. university and have a job offer in the U.S. from visa quotas. In a statement, Flake said: “At a time when there’s a lot of focus on keeping the U.S. competitive globally, if we don’t keep these highly-skilled workers in the U.S. after they’ve graduated, we’re going to see the next round of high tech companies created overseas rather than here in the United States.”

The Reform America's Broken Immigration System Act (S. 6), introduced by Sen. Majority Leader Harry Reid (D-NV), calls for no specific reforms, but rather would declare it the “sense of the Senate” to, among other things:

  • pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
  • implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers; and
  • require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws.

A measure (H.R. 483) introduced by Rep. Peter DeFazio (D-OR) would create an electronic employment eligibility verification system “to ensure that all workers in the United States are legally able to work.” This bill has been referred to a number of House committees for consideration.

Health and Safety

On January 25, Senators Jay Rockefeller (D-WV), Tom Harkin (D-IA), Patty Murray (D- WA) and Joe Manchin III (D- WV) reintroduced the Robert C. Byrd Mine and Workplace Safety and Health Act (S. 153). In addition to strengthening the enforcement, penalty, and whistleblower provisions of the Mine Safety and Health Act, the measure would amend the OSH Act by expanding its coverage, increasing whistleblower protections, enhancing employer penalties for violations, and providing rights to victims and their family members during the investigation process. The House failed to pass a similar bill by the same name during the last Congress. Earlier this month, Rep. Lynn Woolsey (D-CA) reintroduced the Protecting America’s Workers Act (PAWA) (H.R. 190) which contains the OSH-related provisions only.

On January 26, Rep. George Miller (D-CA) reintroduced the Offshore Oil and Gas Worker Whistleblower Protection Act (H.R. 503), legislation that would provide whistleblower protections for employees in the offshore oil and gas industries. The House passed a similar measure in 2010, but it failed to advance in the Senate.

Credit Checks

On January 19, the Equal Employment for All Act (H.R. 321) was reintroduced. This measure, would, with certain limited exceptions, prohibit the use of credit checks on prospective and current employees for employment purposes. The limitations imposed by this bill would not apply to job applicants subject to a national security clearance, those applying for public-sector positions that require a credit check, or candidates for supervisory or managerial positions at financial institutions. This bill has been referred to the House Committee on Financial Services.

Work/Family Balance

Another bill introduced by Sen. Reid that merely outlines goals instead of calling for specific changes is The Family Economic Success Act (S. 10), which similarly would make it the “sense of the Senate” that Congress should: (1) guarantee pay equity for women; (2) reward companies that promote flexible work environments for working parents with children, and workers who are caregivers; (3) guarantee paid family and medical leave and paid sick days; and (4) improve the quality and affordability of child care.

Along those same lines, Sen. Barbara Boxer (D-CA) introduced legislation (S. 160) that would amend the Internal Revenue Code “to increase the credit for employers establishing workplace child care facilities, to increase the child care credit to encourage greater use of quality child care services, to provide incentives for students to earn child care-related degrees and to work in child care facilities, and to increase the exclusion for employer-provided dependent care assistance.”

Legislation (S. 90) introduced by Sen. Mike Crapo (R-ID) would establish the Military Family-Friendly Employer Award for employers that have developed and implemented workplace flexibility policies to assist the working spouses and caregivers of service members, and returning service members, in addressing family and home needs during deployments.

Miscellaneous Employment Benefits

The Veterans Day Off Act (H.R. 319) would guarantee eligible employees who are veterans the right to take leave on Veteran’s Day. The bill would apply to employers with 50 or more employees, and employees who have worked for at least a year for the employer. The leave would be unpaid unless the employee elects to use paid time off. This bill has been referred to the House Committee on Education and the Workforce.

Two bills (S. 145, S. 150) introduced by Sen. Herb Kohl (D-WI) target increased workforce participation for older workers. The Older Worker Opportunity Act would, according to a press release:

diminish the barriers to part-time work for older workers, such as loss of health coverage and decreased pension benefits, by providing a tax credit for employers that employ older workers (age 62+) in flexible work programs. The credit equals 25 percent of an older worker's wages, and expires after 2014. To be eligible, employers must (1) provide a qualified pension plan and (2) provide health insurance coverage and pay at least 60 percent of its cost. A ‘flexible work program’ provides a full- or part- time flexible work schedule and full pension and health care benefits. This arrangement must be available to an older worker for at least one year and must be widely available to rank and file employees.

Along the same vein, the Health Care and Training for Older Workers Act would extend COBRA health insurance coverage from the time of retirement (ages 62 and up) until seniors become eligible for Medicare at age 65 (this provision would be in effect until 2014). In addition, the bill would improve access for seniors to federally funded job training programs, and establish a clearinghouse through the DOL “of best practices in the private and public sectors for hiring and retaining older workers.”

The Back to Work Extension Act (H.R. 477) introduced by Rep. Bruce Braley (D-IA) would extend a provision of the HIRE Act that provides employers a payroll tax break if they hire workers who were previously unemployed. Specifically, the measure would exempt small businesses from paying the employer’s share of the Social Security tax for up to one year through December 31, 2011, provided they hire workers who have been unemployed for more than 60 days prior to employment. Employers who keep eligible employees on the payroll for 52 consecutive weeks would receive an additional $1,000 tax credit. The previous Hire Act exemption expired on December 31, 2010.

Given the current makeup of Congress, with a Republican-controlled House and closely divided Senate, the prospects for enacting these bills appear unlikely. This blog will continue to track and report on these bills in the event any gains traction.
 

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.