From our Hill Sources: Congress returns from August recess on Sept. 8 to what the media are now calling "Awful Autumn" or the "Fall from Hell." It will try to review the Iran nuclear deal by the Sept. 17 deadline. In addition, Members of Congress will work to avoid a government shutdown by Oct. 1, the end of the fiscal year. And, Congress will play host to a visit by Pope Francis as he speaks to a Joint Meeting of Congress on Sept. 24. (Read the invitation.)
But first, Labor Day!
In anticipation of Labor Day, we're spotlighting bills related to workers' wages, safety and health and time off. Share your voice on POPVOX!
(Photo of the first Labor Day parade, 1882 Source: DOL)
About Labor Day
Labor Day pays tribute “to the creator of so much of the nation's strength, freedom, and leadership — the American worker,” according to the Department of Labor. The first Labor Day holiday was celebrated on September 5, 1882 in New York City. The first governmental recognition came through municipal ordinances passed during 1885 and 1886. From these, a movement developed to secure state legislation, which first passed in Oregon, Colorado, Massachusetts, New Jersey and New York. (Learn more about Labor Day history)
Bills Related to Wages
The federal minimum wage is $7.25 per hour effective July 24, 2009, but many states have minimum wage laws higher than the federal wage. Seattle, San Francisco, and Los Angeles have already raised their minimum wage to $15, and similar increases are being considered in other cities and states across the country, including: Washington, DC; Sacramento, CA; Olympia, WA; Kansas City, MO; Delaware; and Massachusetts. In Congress, several bills have been introduced to regarding the federal wage laws:
Pay Workers a Living Wage Act (S 1832)
Sponsor: Sen. Bernie Sanders (I-VT) Phases in a $15 minimum wage by 2020 over 5 steps, increasing to $9 in 2016, $10.50 in 2017, $12.00 in 2018, $13.50 in 2019, and $15 in 2020. After 2020, the minimum wage will be indexed to the median hourly wage. The tipped minimum wage will be gradually eliminated. (Read bill text)
Original Living Wage Act (HR 122)
Sponsor: Rep. John Conyers (D-MI) “The Original LAW Act would link the minimum wage to fifteen percent over the federal poverty threshold for a family of four ($23,850) and increases the minimum wage automatically every four years to ensure that inflation does not erode its purchasing power. Under current poverty guidelines, this legislation would cause the national minimum wage to be increased from $7.25 to approximately $13.00,” according to the bill sonsor. (Read bill text)
Davis-Bacon Repeal Act (S 1785)
Sponsor: Rep. John Conyers (D-MI) To repeal the wage rate requirements of the Davis-Bacon Act. Since 1935, the Davis-Bacon Act has required that workers on all federally funded or federally assisted construction projects whose contracts total more than $2,000 be paid no less than “prevailing wages” in the area in which the project is located, according to the CBO. (Read bill text)
RAISE Act (HR 1003)
Sponsor: Rep. Todd Rokita (R-IN) “To amend the National Labor Relations Act to allow employers to give merit-based compensation increases to individual employees, even if those increases are not part of a collective bargaining agreement. If enacted, the RAISE Act would essentially make wages set in union contracts a minimum floor, while giving employers the flexibility to reward diligent employees for their hard work,” according to the bill sponsor. (Read bill text)
Worker Safety and Health
Established in 1971, the Occupational Safety and Health Administration (OSHA) is the major federal agency responsible for workplace safety. Since then, fatality and injury rates have dropped markedly. In 1970 around 14,000 workers were killed on the job. That number fell to approximately 4,340 in 2009 even with US employment almost doubling since then. Since the passage of the OSH Act, the rate of reported serious workplace injuries and illnesses has declined from 11 per 100 workers in 1972 to 3.6 per 100 workers in 2009. (Source: OSHA)
There are several bills in Congress addressing worker safety and health:
Protecting America’s Workers Act (S 1112)
Sponsor: Sen. Al Franken (D-MN) “Would strengthen and modernize the Occupational Safety and Health Act by giving OSHA more tools ensure workplace safety,” according to the bill sponsor. "This legislation will expand the number of workers in safe workplaces and make it harder to violate workplace safety laws. It will also protect whistleblowers who bravely speak out about unsafe work conditions for themselves, their coworkers, and their families. This legislation protects the public's right to know about safety violations and about OSHA investigations. It will also help us track and respond to workplace safety issues by requiring tracking of worker injuries." (Read bill text)
Voluntary Protection Program Act (HR 2500)
Sponsor: Rep. Todd Rokita (R-IN) “Would codify the VPP program, a successful partnership between private industry and the Occupational Safety and Health Administration (OSHA), which was created in 1982 but never authorized in law. The program requires implementation of comprehensive health and safety worksite protocols, which when certified compliant by OSHA, yields fewer injuries and illnesses and allows agency officials to focus on higher risk workplaces," according to the bill sponsor. (Read bill text)
Bills Related to Child Labor
The federal child labor provisions, authorized by the Fair Labor Standards Act (FLSA) of 1938, were enacted to ensure that when young people work, the work is safe and does not jeopardize their health, well-being or educational opportunities, according to the Department of Labor. These laws provide exemptions, and there are several proposals in Congress to expand child labor safety provisions:
Children Don't Belong in Tobacco Fields Act (S 974)
Sponsor: Sen. Dick Durbin (D-IL) “The US currently has no specific restrictions to protect children from nicotine poisoning or other health risks associated with tobacco farming,” according to the bill sponsors. “The Children Don’t Belong on Tobacco Farms Act amends the Fair Labor Standards Act to prohibit children under the age of 18 from coming into direct contact with tobacco plants or dried tobacco leaves.” (Read bill text)
Children’s Act for Responsible Employment (CARE) (HR 2764)
Sponsor: Rep. Lucille Roybal-Allard (D-CA) “Addresses the problems associated with 500,000 children employed in agriculture in the US by raising labor standards and protections for farmworker children to the same level set for children in occupations outside of agriculture,” according to the bill sponsor. (Read bill text)
Stop Blood Tomatoes Act (HR 2385)
Sponsor: Rep. Juan Vargas (D-CA) “Would require corporations with revenues over $1 billion dollars to undergo annual independent audits of their supply chains to verify that they are not selling products manufactured by child or forced labor,” according to the bill sponsor. “The results of these reviews would be prominently displayed on the companies’ websites stating that their products “May have been produced using child/forced labor” or “Products are free of child labor and forced labor’’. The results would also be reported to the Securities Exchange Commission and the Department of Labor.” (Read bill text)
Child Performers Protection Act (HR 3383)
Sponsor: Rep. Grace Meng (D-NY) To limit the number of hours that children may be employed as actors, performers, and models, to require blocked trust accounts for the financial protection of such children, to clarify the liability of employers, contractors, and other individuals for sexual harassment of such child performers (Read bill text)
Future Logging Careers Act (HR 1215)
Sponsor: Rep. Raul Labrador (R-ID) Would amend the Fair Labor Standards Act of 1938 so that 16 and 17 year olds would be allowed to work in mechanized logging operations under parental supervision. “Like farming and ranching, timber harvesting is often a family-run business where the practice of harvesting and transporting forest products from the forest to the mills is passed down from generation to generation,” said the bill sponsor. “But while the agriculture industry enjoys regulatory exemptions that allow family members between the ages of 16 and 17 to work under their parents’ supervision, the logging industry doesn’t have that same right. We should not unfairly penalize young people who want to enter the logging industry and make it their career.” (Read bill text)
Bills Related to Time Off from Work
Currently, there is no federal law that guarantees paid time off from work. The Family and Medical Leave Act, enacted in 1993, only provides unpaid leave for serious health problems or the birth of a child. There are several proposals in Congress to establish federal paid time off policies as well as flexible work hours:
Family and Medical Insurance Leave Act (S 786 and HR 1439)
Sponsor: Sen. Kristen Gillibrand (D-NY) “The current Family and Medical Leave Act of 1993 provides unpaid, job-protected leave for serious health related events, but only about half of the workforce qualifies for this unpaid leave, and many more simply cannot afford to take it because it is unpaid,” according to the bill sponsors. “The “Family and Medical Insurance Leave Act” or the FAMILY Act would create an independent trust fund within the Social Security Administration to collect fees and provide benefits. This trust would be funded by employee and employer contributions of 0.2 percent of wages each, creating a self-sufficient program that would not add to the federal budget. Benefit levels, based on existing successful state programs in New Jersey and California, would equal 66 percent of an individual’s typical monthly wages up to a capped monthly amount that would be indexed for inflation. The proposal makes leave available to every individual regardless of the size of their current employer and regardless of whether such individual is currently employed by an employer, self-employed or currently unemployed, as long as the person has sufficient earnings and work history.” (Read bill text)
Guaranteed Paid Vacation Act (S 1564)
Sponsor: Sen. Bernie Sanders (I-VT) “Would provide 10 days of paid vacation for employees who have worked for an employer for at least one year. A recent study by Oxford Economics found benefits of taking time off from work include higher productivity, greater employee retention, increased workplace morale, significant health benefits and a boost to the economy,” according to the bill sponsor. (Read bill text)
Healthy Families Act (S 497 and in the House, HR 932)
Sponsor: Sen. Patty Murray (D-WA) “Would allow workers to earn paid sick leave to use when they are sick, to care for a sick family member, to obtain preventive care, or to address the impacts of domestic violence, stalking or sexual assault,” according to the bill sponsor. “The Healthy Families Act would allow workers in businesses with at least 15 employees to earn up to 56 hours or seven days of job-protected paid sick leave each year. Workers would earn one hour of paid sick time for every 30 hours worked.” (Read bill text)
Schedules that Work Act (HR 3071 and in the Senate, S 1772)
Sponsor: Rep. Rosa DeLauro (D-CT) "Addresses unstable, unpredictable, and rigid scheduling practices like placing workers "on-call" with no guarantee of work hours, scheduling them for "split shifts" of non-consecutive hours, sending workers home early without pay when demand is low and punishing workers who request schedule changes," according to the bill sponsors. "All employees of companies with 15 or more workers will have the right to request changes
in their schedules without fear of retaliation. Employers would be required to consider and respond to all schedule requests, and, when a worker’s request is made because of a health condition, child or elder care, a second job, continued education, or job training, the employer would be required to grant the request unless a legitimate business reason precludes it." (Read bill text)
— Please keep in mind that highlighting a bill doesn't imply a POPVOX endorsement in any way. Rather, we're simply trying to offer one more way to stay informed of a complex legislative system. —
