Legislative Roundup for the Week of February 4, 2013

In addition to the many immigration-related bills that were introduced last week, legislative measures addressing password privacy, FMLA leave, the National Labor Relations Board’s authority, and payroll taxes also made their debut during the first full week of February 2013.

Social Media

Representatives Eliot Engel (D-NY), Jan Schakowsky (D-IL), and Michael Grimm (R-NY) introduced a bill that would prevent employers and educational institutions from requesting individuals’ usernames, passwords, or any other means of accessing their social networking sites and from taking adverse action against job applicants, employees, and students who refuse to provide such information. According to a press release, the Social Networking Online Protection Act (SNOPA) (H.R. 537) is currently the only bipartisan social media privacy legislation that has been introduced at the federal level this year. This bill has been referred to the House Committee on Education and the Workforce.

FMLA Leave

Senator Jon Tester (D-MT) and Rep. Steve Israel (D-NY) marked the 20th anniversary of the Family and Medical Leave Act (FMLA) by introducing the Parental Bereavement Act of 2013 (H.R. 515, S. 226), a bill that would extend leave eligibility to employees who have lost a child. Under the terms of this measure, leave would not be permitted to be taken on an intermittent or reduced leave schedule unless otherwise agreed to by the employer and employee.

In a press release, Rep. Israel said “Parents should never have to decide between their job and taking the proper time needed for both themselves and the rest of their family to mourn the death of a child,” adding, “It is simply common sense that they should be able to use FMLA leave to grieve for their loss. The legislation Sen. Tester and I introduced today will allow parents to take the time they need, knowing that their job will be protected.”

The Senate version of the Parental Bereavement Act has been referred to the Senate Committee on Health, Education, Labor and Pensions. The House companion bill has been referred to the House Committees on Education and the Workforce; Oversight and Government Reform; and Administration.

Labor Relations

Rep. Mike Kelly (R-PA) introduced a House companion bill (H.R. 557) to the Advice and Consent Restoration Act that Sen. Roy Blunt (R-MO) introduced last month in response to the federal court decision in Noel Canning v. NLRB, which held that President Obama’s three January 2012 recess appointments to the NLRB were unconstitutional. Like the Senate bill, the House version of this legislation seeks to prevent the NLRB recess appointees from receiving salaries, and to block the Board from taking any action until the appointees are legally confirmed. Specifically, the bill would preclude:

any determination, hearing, investigation, direction of election, certification, order, rule, regulation, or review of any determination, until the date on which final judgment is entered in all cases challenging the constitutionality of the purported appointment of individuals to such Board that are pending before a Federal court on the date of enactment of this Act.

This bill has been referred to the House Committee on Education and the Workforce.

Payroll Tax

Rep. Daniel Maffei (D-NY) introduced the Middle Class Payroll Tax Relief Act (H.R. 516), a bill that would reinstate through 2013 the temporary 2% payroll tax cut that elapsed as part of the fiscal cliff deal. This measure has been referred to the House Committee on Ways and Means.

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.