Recently in Labor

On Thursday, May 7, the Committee will hold a hearing to examine how federal agencies can help child care, schools, colleges and workplaces prepare for the H1N1 flu virus and future pandemics. The hearing will also provide an update on how schools and workplaces are being affected by and responding to the current outbreak.

WHAT:         
Hearing on “Ensuring Preparedness Against the Flu Virus at School and Work"

WHO:            
Jordan Barab, Acting Assistant Secretary, Occupational Safety and
Health Administration, Washington, DC
Ann Brockhaus, Occupational Safety and Health Consultant, ORC Worldwide, Washington, DC
Jack O'Connell, Superintendent of Public Instruction, California Department of Education, Sacramento, CA  
Miguel Garcia, Registered Nurse and member, American Federation of State, County and Municipal Employees, Los Angeles, CA
Bill Modzeleski, Associate Assistant Deputy Secretary, Office of Safe and Drug-Free Schools, Department of Education, Washington, DC
Dr. Anne Schuchat, Deputy Director for Science and Program (Interim), Centers for Disease Control, Atlanta, GA

WHEN:         
Thursday, May 7, 2009
10:00 a.m. ET
Please check the Committee schedule for potential updates »

WHERE:      
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.


Hear Chairman Miller talk about the importance of being prepared for a pandemic flu virus at work and school on the Ed show.

The Flu Virus: Resources for Workers, Families, Educators and Employers

Below is information for workers, families, schools and employers about how to protect our communities by reducing the spread of the H1N1 flu virus.

What is the H1N1 Flu?


General information from the Centers for Disease Control and Prevention about the H1N1 flu (commonly mis-referred to as "swine flu"), including what the H1N1 flu is, how it spreads and how to take care of people sick with it »

School Preparedness

Checklists and other tools to help schools, child care providers, colleges and universities to delay or reduce the spread of the flu virus »

Workplace Preparedness

Checklists and other guidance for businesses and employers to protect employees' health and safety while limiting negative impacts to the economy and society »

More information from the Occupational Safety and Health Administration »

Family Preparedness

Advice and strategies to delay or reduce the spread of the flu virus »

Your Rights in the Workplace

The Family and Medical Leave Act (FMLA) requires public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees to provide an eligible employee with up to 12 weeks of unpaid leave each year for reasons, including caring for an immediate family member (spouse, child, or parent) with a serious health condition, and taking medical leave when the employee is unable to work because of a serious health condition.

More about FMLA »

Obama's First 100 Days: Helping Students, Workers and Families

In just 100 days, President Obama and the 111th Congress have already made progress on behalf of America’s students, workers and families. Whether it’s restoring protections for workers or making good on his promises to invest in education, President Obama’s first 100 days delivered on the change Americans have been seeking and show that the President and this Congress are committed to make Washington work for families.

Key measures, many of which the Education and Labor Committee helped enact, have already started improving the quality of life for working families, including:

MAKING COLLEGE MORE AFFORDABLE

The American Recovery and Reinvestment Act (signed February 17) will provide immediate relief to students and families working hard to pay for college by:

  • Increasing the Pell Grant scholarship by $500. The bill increases the maximum award to $5,350 by next school year and to $5,550 for 2010. About seven million students would benefit from this increase.
  • Establishing a new college tuition tax credit of $2,500. The bill establishes a new, partially refundable “American Opportunity” tax credit, expanding access for higher education tax credit to about four million students. 
  • Creating new work-study opportunities for college students. The bill invests $200 million in work-study opportunities for college students in fields related to their major or in community service, creating jobs for an additional 200,000 students.
The President’s budget blueprint (released February 26) proposes historic increases to the Pell Grant scholarship and other grant aid for students at no additional cost to taxpayers by using federal funds to originate all new federal college loans beginning in the 2010 school year. This would insulate the federal student loan programs from any future instability in the economy and ensure that the Pell Grant keeps pace with rising costs. The Congressional Budget Office estimates this proposal will save taxpayers almost $100 billion over ten years.

RESTORING PROTECTIONS FOR WORKERS


The Lilly Ledbetter Fair Pay Act (signed January 29) restores workers’ rights to challenge pay discrimination.

Overturned harmful Bush midnight rule that would have slowed protections for workers from severe lung disease (withdrawn March 17). Under the leadership of the new Administration, OSHA withdrew a last minute Bush era procedural roadblock to that slowed protections for workers who handle the dangerous food flavoring diacetyl. Scientists have linked diacetyl exposure to bronchiolitis obliterans, a severe lung disease often known as “popcorn lung.”

Issued executive orders to restore workers’ rights in federal contracts and establish a Middle Class Task Force (signed January 30, 2009).

LAUNCHING A NEW ERA OF PUBLIC SERVICE

The Edward M. Kennedy Serve America Act (signed April 21) expands opportunities for Americans of all ages to serve their nation and communities. It more than triples them number of service opportunities nationwide to 250,000 and increases the full time education award service members receive in exchange for their work to $5,350 for 2010.

EXPANDING AFFORDABLE HEALTH CARE

The American Recovery and Reinvestment Act helps workers who recently lost a job maintain their health coverage while they look for new employment by making them eligible to receive a 65 percent subsidy towards their COBRA premium for up to nine months.

INVESTING IN 21ST CENTURY EDUCATION

The American Recovery and Reinvestment Act invests $105.9 billion in early education, k-12 education, and training to help build the world class education system our economy needs and our children deserve. This plan will make sure that the economic crisis doesn’t compromise the quality of education schoolchildren receive. It also makes progress on key, commonsense reforms, like improving teacher quality, strengthening standards, and establishing data systems that track students’ progress, that are needed to transform our schools.
(This is a guest blog post by Rep. Dina Titus, Education and Labor Committee Member.)

Thumbnail image for Dina Titus.jpgToday we celebrate Workers Memorial Day, a day to remember those who have been killed or injured on the job.  It is also the 39th anniversary of the Occupational Safety and Health Act, legislation that has improved the safety of workers on the job.  It is with that in mind that the Education and Labor Committee held a hearing to bring to light the dangers that Americans still face every day that they go to work and to reevaluate the effectiveness of the OSH Act in ensuring worker safety and employer compliance.

The Committee heard some truly staggering statistics about both the number of fatalities and injuries that occur in the workplace and about the weak penalties that employers receive. 

Each year, about 6,000 workers are killed on the job and thousands more are severely injured; it is estimated that on a daily basis 15 workers are killed and nearly 11,000 workers are injured or made ill.  

Criminal penalties are only available if a worker dies; serious injury is not subject to criminal prosecution.  When a tragedy does occur and a worker is killed on the job, the highest criminal penalty available is a misdemeanor with a maximum sentence of just six months.  When a worker dies because of a knowing violation of the worker safety laws, the maximum sentence should be measured in years, not months.  Anything less sends the wrong message about the value of a worker’s life.

And with only weak criminal penalties available to OSHA, too often profit is put ahead of compliance as penalties are seen as a “cost of doing business.”  This is not an acceptable cost.

No worker should leave home unsure if his or her workplace is safe, and no family should have to worry if they will see their loved one again as they send him or her off to work.   Sadly, this happens to 15 families every single day.   But I am hopeful that hearings such as the one held today can prevent such devastating losses.

Today, my heart goes out to all of the workers who have been injured on the job and to their family members.  Particularly in my mind today are the families in Nevada.   In 2008, OSHA conducted 26 fatality investigations in Nevada.  I will continue to press for legislative improvements that will prevent injuries or fatalities.  I also would like to recognize the Las Vegas Sun for its work in publicizing and investigating the deaths of workers on the Las Vegas Strip.  Alexandra Berzon, along with editorial writers Matt Hufman and David Clayton, recently won a Pulitzer Prize for Public Service for their investigative reporting, which opened the door to expose the dangers workers faced on the job when safety was sacrificed for speed and profit.  

On Workers Memorial Day, let us remember those workers who died or were injured on the job, and recommit to diligently trying to improve worker safety by strengthening OSHA penalties and enforcement in order to prevent future tragedies. 

Rep. Marcia Fudge: We Must Commit to Achieving Equal Pay for All Americans

(This is a guest blog post by Rep. Marcia Fudge, Education and Labor Committee Member.)

fudge-square.jpgOn this Equal Pay Day 2009, we must commit to achieving equal pay for all Americans.  Today, April 28, marks the point in 2009 when the average woman's wages will finally catch up with the wages paid to the average man in 2008.

In 1963, President John F. Kennedy signed the Equal Pay Act into law. Progress has been slow during the forty-six years since passage of the Act.  After four decades, Americans continue to be unfairly compensated for the work they perform every day of their lives.
When the Equal Pay Act was signed into law, women working full-time and year-round earned an average of 59 cents for every dollar earned by men.  In 2007, women made 78 cents for every dollar earned by men. Today, the wage gap has only narrowed by less than half a cent per year.

The impact of income disparity is communal.  Equal pay is not just a women’s issue, it’s a family issue.  The current wage gap hurts everyone.  It lowers family income for essentials such as groceries, doctors’ visits, and child care.  When women earn more, families benefit.  Closing the wage gap is an integral part of strengthening American families and providing hope for a better future.

On January 29, 2009, President Obama took the first step by signing the Lilly Ledbetter Fair Pay Act into law to restore employee rights to challenge unlawful pay discrimination.  

The Paycheck Fairness Act, passed by the House on January 9, 2009, would take further steps to ensure that gender-based pay discrimination does not occur in the first place by closing the loopholes that have allowed employers to avoid responsibility for discriminatory pay.  A comprehensive update to the 46-year-old Equal Pay Act, the Paycheck Fairness Act puts gender-based discrimination sanctions on equal footing with other forms of wage discrimination, such as race, disability or age. It creates a new grant program to help strengthen the negotiation skills of girls and women.  And it creates strong incentives for employers to equally compensate workers while strengthening correlating federal enforcement efforts.

I stand in support of equal pay for all.  I look forward to the day when equal pay is a firm reality and not a tenuous goal. 

Subcommittee to Hold Hearing on Troubled Worker Safety Program

The Workforce Protections Subcommittee will hold a hearing on Thursday, April 30 on the federal Occupational Safety and Health Administration’s Enhanced Enforcement Program.

The Enhanced Enforcement Program identifies high risk employers by their past behavior and targets them for additional scrutiny. However, the U.S. Department of Labor Inspector General’s Office issued a report on April 1 that found the Bush administration did not properly enforce worker health and safety laws used to oversee employers with history of safety violations. It shows that over the last five years, since the program was established, the EEP has failed to effectively deter employers from putting workers’ lives at risk.

To read the Inspector General’s report, click here.
WHAT:          
Hearing on, “Improving OSHA’s Enhanced Enforcement Program”

WHO:            
Jordan Barab, acting assistant labor secretary, Occupational Safety and Health Administration
Eric Frumin, director of health and safety, Change to Win
Elliot Lewis, assistant inspector general for audits, U.S. Department of Labor
Jesus Royas, stepson of Raul Figueroa, a worker who was crushed to death as a result of unsafe working conditions, West Palm Beach, Fla.
Jason Schwartz, partner, Gibson, Dunn & Crutcher LLP

WHEN:         
Thursday, April 30, 2009
10:00 a.m, EDT
                        
WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

 

Committee to Hold Hearing on Workplace Health and Safety Penalties

The Committee will hold a hearing on whether our nation’s health and safety laws ensure that employers who fail to protect their workers are adequately penalized and deterred from committing future violations.

Congress passed the Occupational Safety and Health Act in 1970 with the goal of assuring safe and healthful working conditions to all American workers. Nearly 40 years later, while workplace health and safety has improved, many workers remain at risk of death, injury or illness while on the job.
WHAT:          
Hearing on “Are OSHA’s Penalties Adequate to Deter Health and Safety Violations?”
 
WHO:            
Rebecca Foster, stepmother of Jeremy Foster who died as a result of a workplace safety violation, Danville, Ark.
Lawrence P. Halprin, partner, Keller and Heckman LLP
Margaret Seminario, safety and health director, AFL-CIO
David Uhlmann, professor and director of environmental law and policy program, University of Michigan Law School

WHEN:         
Tuesday, April 28, 2009
10:00 a.m. ET
Please check the Committee schedule for potential updates »

WHERE: 
      
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Protecting America's Workers Act of 2009

The Protecting America’s Workers Act will strengthen and modernize the Occupational Safety and Health Act, our nation’s law that ensures the health and safety of American workers. Significant progress has been made on protecting the health and safety of American workers since the creation of the Occupational Safety and Health Administration almost four decades ago. According to studies, nearly 400,000 workers’ lives have been saved as a result. 

However, too many workers are still dying, getting injured or become ill by working in unsafe and unhealthy conditions. The Protecting America’s Workers Act will provide additional tools to ensure that OSHA can fulfill its duty enforce safe and healthy workplaces for all American workers.

Specifically, the Protecting America’s Workers Act:
Protects More Workers

  • Expands OSHA coverage to include state and local public employees and federal government workers.
  • Expands coverage to millions of other workers inadequately covered such as airline and railroad employees, and Department of Energy contractors.
     
Strengthens Health and Safety Penalties
 
  • Raises civil penalties and indexes those penalties to inflation.  
  • Establishes mandatory minimum penalties for violations involving worker deaths. 
  • Allows felony prosecutions against employers who commit willful violations that result in death or serious bodily injury, and extends such penalties to responsible corporate officers.    
  • Requires OSHA to investigate all cases of death and serious injuries (i.e. incidents that result in the hospitalization of 2 or more employees).
     
Improves Whistleblower Protections

  • Codifies regulations that give workers the right to refuse to do hazardous work.  
  • Clarifies that employees cannot be discriminated against for reporting injuries, illnesses or unsafe conditions, and brings the procedures for investigating and adjudicating discrimination complaints into line with other safety and health and whistleblower laws.
     
Allows Workers and Their Families to Hold Dangerous Employers Accountable

  • Provides workers and employee representatives the right to contest OSHA’s failure to issue citations, classification of its citations, and proposed penalties. 
  • Gives injured workers, their families and families of workers who died in work-related incidents the right to meet with investigators, receive copies of citations, and to have an opportunity to make a statement before any settlement negotiations.
  • Clarifies that the time spent by an employee accompanying an OSHA inspector during an investigation is considered time worked, for which a worker must be compensated. 
  • Prohibits OSHA from designating a citation as an “unclassified citation” where an employer can avoid the potential consequences of a “willful” violation, the most serious violation. 
  • Allows any worker or their representative to object to a modification or withdrawal of a citation, and entitles them to a hearing before the Occupational Safety and Health Review Commission.

Rep. Paul Tonko: Greening Our Workforce

(This is a guest blog post by Rep. Paul Tonko, Education and Labor Committee Member.)

tonko-square.JPGAs we celebrate Earth Day for the 39th year – by volunteering in our local areas through our own individual efforts and raising awareness globally – we must all do our part.  This year represents a great opportunity for all of us to ensure a cleaner, safer and greener environment.  We can and we must achieve these ends.  A major component of shifting our economy from one that pollutes, relies on carbon based fuels and approaches problem solving from an antiquated angle is no longer acceptable.  We must all go beyond the traditional “Think Globally, Act Locally” mantra to curb our environmental impacts.  We can act personally by lowering our thermostats, using compact fluorescent bulbs and weatherizing our homes.  We can act locally by creating no idle zones, making our cities and towns more pedestrian friendly and driving energy efficient vehicles.  We can act regionally by building on mass transit, supporting high speed rail initiatives and thinking more strategically.  We can act nationally by passing a cap and trade bill, supporting improved efficiency measures and catalyzing a green energy work force.

Here in Congress we have taken the first steps towards greening our workforce through the American Recovery and Reinvestment Act
We know that we must modernize our training techniques in our schools and universities.  In the Recovery Bill we provided $48.6 billion for services to low-income students, students with disabilities, and career tech to modernize schools and colleges, which would include facility repairs, updating technology, and making facilities more energy-efficient.

Congress must also assist in training workers for 21st century jobs.  The Recovery Bill provides nearly $4 billion to prepare adult, youth and dislocated workers for green jobs, and other emerging industries, including training for retrofitting buildings, green construction and production of renewable energy.  It also includes $1.2 billion to create job opportunities for younger Americans, including summer jobs.

Congress invested in early education by providing $2.1 billion for Head Start, and Early Head Start, which provides comprehensive development services for low-income preschool children, infants and toddlers. These investments will create 50,000 new jobs, increasing demand for early educators, transportation, nutrition providers, and more.

These investments now, in education and our children, will pay massive dividends in our future.  They will create American businesses and American jobs for America’s working families.  Whether or not we, as a country, move towards a new green economy now or not, we must acknowledge that other countries in the world are ahead of us on this front.  It is important to change our way of thinking and I believe this year’s Earth Day, along with the bold visions and goals of the new Obama Administration offer us a springboard to launch into the future of our economy – one that finally thinks outside of the barrel and is able to offer greener and cleaner outcomes.

Myths vs. Facts: The 401(k) Fair Disclosure for Retirement Security Act

Myth: H.R. 1984 will require too much disclosure and will confuse 401(k) participants.

Fact: H.R. 1984 would require clear and simple fee disclosure so that workers can make sound investment decisions for themselves. The biggest problem currently facing workers with 401(k) plans is that there is too little disclosure of fees, not too much. Plan participants should be presented with the facts and then be allowed to make their own decisions.

Myth: Fees on 401(k)s are already adequately disclosed.


Fact: There is no one place that 401(k) plan participants can go to find out about the fees they are paying. Information that is available is difficult to find and difficult to read. As a result, a 2007 survey by the AARP found that roughly 80 percent of plan participants were not aware how much in fees were taken out of their 401(k)s.
Myth: More fee disclosure will dramatically increase costs to plan participants.

Fact: While there may be a small initial cost, continuing to hide fees that workers pay to Wall Street middle men puts Americans’ retirement security at risk. These Wall Street firms should have to tell their customers how much they charge for their services. And giving the consumer better information will encourage greater competition among financial service providers and help reduce fees.

Myth: H.R. 1984 mandates one investment option for every 401(k) plan.

Fact: H.R. 1984 would simply require 401(k) plans that want limited liability against investment losses to offer at least one index fund. It does not limit other types of investment options that 401(k) plans may offer; it does not tell 401(k) plans which specific index funds they must offer; and it does not require plan participants to invest in index funds. It simply ensures that participants are able to invest in an index fund if they choose to do so.

Myth: Actively managed investments provide better returns than index funds.

Fact: Over the full twenty-year time period from 1983 to 2003, depending on the sector, index funds outperformed 89 percent to 97 percent of all mutual funds. Index funds are not actively managed and therefore carry lower costs. While many 401(k) plans have made strides to include lower cost retirement options, index funds are still not available in 30 percent of 401(k) plans.

Myth: Service providers that “bundle” their services will be required to unbundle them.  

Fact: H.R. 1984 does not require service providers to unbundle their services. If a service provider sells investment management services, administrative services, and record-keeping together as a package, it may continue to do so. H.R. 1984 simply requires service providers to disclose the costs of the components of its bundled products. 

401(k) Fair Disclosure for Retirement Security Act

A majority of American workers rely on 401(k)-style plans to finance their retirements. According an AARP survey, the vast majority of account holders report that they do not know how much Wall Street middle men are taking from their retirement accounts.

These hidden fees can greatly reduce workers’ retirement account balances. In fact, just a 1-percentage-point in excessive fees can reduce a worker’s 401(k) account balance by as much as 20 percent or more over a career. Especially during these difficult economic times, workers need simple and complete information in order to make better educated decisions about their retirement plans.  

Workers should have the right to know how much Wall Street middle men siphon off from their savings. The 401(k) Fair Disclosure for Retirement Security Act (H.R. 1984) will provide workers with clear and complete information about the fees they are paying to help them make the best investment decisions for their future retirement security.  (Click here to view the bill text) Specifically, H.R. 1984:


Requires Simple and Complete Fee Disclosure to Workers

  • Before enrollment, workers would receive clear and understandable information that lists both historical returns and all fees assessed on each investment option; and
  • A worker’s quarterly statement would be required to list total contributions, earnings, closing account balance, net return, and all fees subtracted from the account. All fees taken out of the account would be disclosed in one number, but the worker could request more detailed fee information from their plan administrator.

Helps Workers Understand Their Investment Options

  • Workers would receive clear information on the name, risk level, and investment objective of each available investment option before enrolling in a 401(k) plan.

Requires Complete Disclosure to Employers of Fees and Conflicts of Interests

  • Requires 401(k) service providers to disclose to employers all fees assessed against the participant’s account, broken down into four categories: administrative fees, investment management fees, transaction fees, and other fees; and
  • Requires service providers to disclose any financial relationships or potential conflicts of interest to plan sponsors.

Ensures Workers Have Access to at Least One Low-Cost Index Fund

  • Requires 401(k)-style plans that seek limited employer liability to include at least one index fund in its investment line-up. Index funds are less expensive and generally outperform actively-managed mutual funds.

Enhances Department of Labor Oversight and Protection

  • Requires the U.S. Department of Labor to review compliance with new disclosure requirements and impose penalties for violations.

Myths vs. Facts About the 401(k) Fair Disclosure for Retirement Security Act »

The Health, Employment, Labor and Pensions Subcommittee will hold a hearing on Thursday, April 23 to examine various health care reform proposals that will guarantee quality and affordable health insurance coverage for all Americans.

WHAT:          
Hearing on, “Ways to Reduce the Cost of Health Insurance for Employers, Employees and their Families”

WHO:            
Karen Davenport, director of health policy, Center for American Progress
David Himmelstein, associate professor of medicine, Harvard University
Michael Langan, principal, Towers Perrin
William Oemichen, president and CEO, Cooperative Network, Madison, Wisc.
Ron Pollack, executive director, FamiliesUSA
Janet Trautwein, executive vice president and CEO, National Association of Health Underwriters
William Vaughan, senior health policy analyst, Consumers Union

WHEN:         
Thursday, April 23, 2009
10:30 a.m., EDT
                        
WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

 

Subcommittee to Hold Hearing on 401(k) Fee Disclosure Bill

The Health, Employment, Labor, and Pensions Subcommittee will hold a hearing on Wednesday, April 22 on legislation that will provide American workers with clear and complete information about Wall Street fees taken from their 401(k)-style accounts.

The 401(k) Fair Disclosure for Retirement Security Act of 2009 will help workers shop around for the best retirement options by requiring simple fee disclosure on the investment options contained in their employer’s 401(k) plan. Current law does not require all fees workers pay to be disclosed; and even for information that is available, it can be difficult for workers to find and evaluate.

The bill is expected to be introduced today by Rep. George Miller, chairman of the full committee, and Rep. Rob Andrews, chairman of the subcommittee.

Hidden 401(k) fees were the subject of Sunday’s 60 Minutes and featured an interview with Rep. Miller. To watch the segment, click here.

WHAT:          
Hearing on “H.R. _____, 401(k) Fair Disclosure for Retirement Security Act of 2009”

WHO:            
Alison T. Borland, retirement strategy leader, Hewitt Associates LLC, Nashville
Mercer E. Bullard, founder, Fund Democracy and assistant professor of law, University of Mississippi, Oxford, Miss.
Robert G. Chambers, chairman of the board, American Benefits Council and partner at McGuire Woods, Charlotte, N.C.
Larry Goldbrum, executive vice president and general counsel, The SPARK Institute, Simsbury, Conn.
Kristi Mitchem, managing director and head of U.S. defined contribution plans, Barclay’s Global Investors, San Francisco
Julian Onorato, CEO, ExpertPlan, Inc., East Windsor, N.J.  
                                                                                                        
WHEN:         
Wednesday, April 22, 2009
10:30 a.m, EDT
                       
WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.
 

Today Show Gets It Wrong on the Employee Free Choice Act

| Comments (4)
Earlier this morning, Matt Lauer, co-host of the Today Show, interviewed Mike Duke, the new CEO of Wal-Mart, and they talked about the Employee Free Choice Act. Unfortunately, Mr. Lauer led his question with a mischaracterization of the Employee Free Choice Act.

Watch the video and read the transcript.


Matt Lauer: With 1.4 million associate employees that earn an average wage of $10.83 an hour, Wal-Mart now faces a threat to its corporate model. There's proposed legislation on Capitol Hill that would make it easier for unions to organize employees, the Employee Free Choice Act, doing away with secret ballots. Unions say it will make it easier for American workers to earn a fair salary. Others, like the guy who runs Home Depot, the co-founder, says it's going to cripple American business. What's the truth?
 
Mike Duke: Well, of course, we are opposed to that. We have a unique relationship with our associates. Of all of our managers across America, 3 out of 4 started with the company as an hourly associate. 95% of our associates across America have health care insurance in some fashion. It's really one of those bills that would be damaging to the American economy long-term.
Mr. Lauer is incorrect to say that the Employee Free Choice Act would get get rid of the secret ballot for workers. Contrary to misleading statements being pushed by opponents of the bill, the Employee Free Choice Act does not eliminate the secret ballot election process. That process, also known as a National Labor Relations Board election would still be available under the Employee Free Choice Act. The bill simply enables workers to also form a union through majority sign-up if a majority prefers that method to the NLRB election process. Under current law, workers may only use the majority sign-up process if their employer agrees. The Employee Free Choice Act allows workers, not corporate executives, to make that decision.

Asking the CEO of Wal-Mart about the Employee Free Choice Act is like asking the fox about the hen house. To read Human Rights Watch's 2007 report on "Wal-Mart's Violation of US Workers’ Right to Freedom of Association" please click here. (pdf)

Meet the Freshmen: Rep. Dina Titus

In the first installment of our Meet the Freshmen series, Rep. Dina Titus of Nevada shares with us why she wanted to be on the committee, what she hopes to achieve and what she has learned so far.

Subcommittee to Examine Role of Green Jobs in the Economic Recovery

| Comments (1)
On Tuesday, March 31, the Subcommittee on Workforce Protections of the House Education and Labor Committee will hold a hearing to examine green jobs and their role in our nation’s economic recovery. The American Recovery and Reinvestment Act set aside $50 billion in grants and tax incentives to promote energy efficiency and the renewable energy sector. Congress also approved the Green Jobs Act in 2007, a program to help train American workers for jobs in the renewable energy and energy-efficiency industries.
WHAT:         
Hearing on “Green Jobs and their Role in our Economic Recovery”

WHO:            
William T. Bogart, dean of academic affairs and professor of economics, York College, York, Pa.
Kathy Krepcio, executive director, John J. Heldrich Center for Workforce Development at Rutgers University
Jerome Ringo, president, the Apollo Alliance, San Francisco
Robin Roy, vice president for projects and policy, Serious Materials, Sunnyvale, Calif.
Jill Sherman, Gerding Edlen Development, Portland, Ore.
Clinton R. Wolfe, executive director of citizens for nuclear technology awareness, Aiken, South Carolina
                                                                                                         
WHEN:          
Tuesday, March 31, 2009
10:00 a.m. EDT

WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Hearing on GAO Undercover Wage Theft Investigation

The Committee will hold a hearing tomorrow, Wednesday, March 25, to examine the findings of the Government Accountability Office’s undercover investigation into the Labor Department’s ability to enforce and investigate violations of our nation’s minimum wage, overtime and child labor laws.

The Committee held a hearing last July that identified failures by the Bush administration to properly protect workers from the problem of “wage theft” by adopting weak enforcement strategies and reducing funding and staffing levels of the Wage and Hour Division. This agency is responsible for investigating complaints of wage, hour, and child labor violations. For more information on July’s hearing, click here.
WHAT:          
Hearing on "GAO’s Undercover Investigation: Wage Theft of America’s Vulnerable Workers

WHO:            
Greg Kutz, managing director of forensic audits and special investigations, U.S. Government Accountability Office
                                                                                                         
WHEN:          
Wednesday, March 25, 2009
10:00 a.m, EDT
                       
WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

 
The Health, Employment, Labor and Pensions Subcommittee will hold a hearing on Tuesday, March 24 on the importance of ensuring that if workers receive investment advice, it be independent and free of financial conflicts of interest.

In the last days of the Bush administration, the Department of Labor proposed to allow financial services firms to offer potentially conflicted investment advice on workers’ retirement accounts. For more information on this proposal, click here.

The Obama administration has slowed the consideration of this midnight rule.
WHAT:          
Hearing on "Retirement Security: The Importance of an Independent Investment Adviser"

WHO:            
Ken Baker, corporate director of human resources, Applied Extrusion Technologies
Mercer Bullard, founder and president, Fund Democracy, a nonprofit advocate for mutual fund shareholders
Sherrie Grabot, CEO, GuidedChoice
Charlie Jesczak, U.S. Government Accountability Office
Melanie Nussdorf, partner, Steptoe & Johnson LLP, on behalf of SIFMA
Andrew L. Oringer, partner, White and Case, LLP.
                                                                                                        
WHEN:         
Tuesday, March 24, 2009
10:30 a.m, EDT
                       
WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

News of the Day: Unions, good for workers and business

The Akron Beacon Journal had an op-ed from Larry Thompson, owner of Thompson Electric, about how the Employee Free Choice Act is good for business and good for workers.

Thompson Electric is proof that unions are good for workers and good for business. Our positive, long-term partnership with the International Brotherhood of Electrical Workers is one of the main reasons that I, as an entrepreneur and business owner, support passage of the Employee Free Choice Act. More workers across the United States should be given a free and fair chance to form a union, just like our employees.

Our union workers receive the most cutting-edge job training available, and it pays off through lower injury rates, increased productivity and a strengthened ability to serve the people of Ohio. The union difference is not only impressive, but a valuable commodity in our line of work.
Mr. Thompson makes a fine argument that businesses and communities benefit with higher paid and higher skilled workers and, thus, the Employee Free Choice Act is needed to reform current law. We encourage you to read the entire op-ed.

House and Senate Introduce Employee Free Choice Act

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Leading members of the U.S. Senate and House today introduced legislation that would help enable workers to bargain for better wages, benefits, and working conditions by restoring their rights to form unions.

“The current crisis has shown us the dangers of an economy that leaves working families behind. The people who work in our factories, build our roads, and care for our children are the backbone of this great nation. The Employee Free Choice Act will give these hardworking men and women a greater voice in the decisions that affect their families and their futures. It’s a critical step toward putting our economy back on track, and I hope that we can act quickly to send it to the President’s desk," said Sen. Edward M. Kennedy (D-MA), chairman of the Senate Health, Education, Labor and Pensions Committee.

“Just as the National Labor Relations Act, the 40 hour week and the minimum wage helped to pull us out of the Great Depression and into a period of unprecedented prosperity, so too will the Employee Free Choice Act help reinvigorate our economy,” said Sen. Tom Harkin (D-IA), member of the Senate Health, Education, Labor and Pensions Committee.  “Today is one of those defining moments in history as we introduce legislation that puts power back into the hands of the people who are truly the backbone of this economy.”

 “Americans’ wages have been stagnating or falling for the past decade. For far too long, we have seen corporate CEOs take care of themselves and shareholders at the expense of workers,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “If we want a fair and sustainable recovery from this economic crisis, we must give workers the ability to stand up for themselves and once again share in the prosperity they help to create.”
About the Employee Free Choice Act »
Strengthening America's Middle Class by Helping Workers Bargain for a Better Life »
Myth vs. Fact »
Worker After Worker Explains Why EFCA Is So Important »
Worker Rights Under Attack »

Employee Free Choice Act To Be Introduced Today

US News and World Reports has an article answering the 8 Questions You May Have About the New COBRA Subsidy. It is a good addendum to our Our Frequently Asked Questions on the COBRA Premium Reduction.

Michelle Andrews wrote:

Anxious readers who had lost their jobs wanted to know how they could apply for the subsidy, which will cover 65 percent of laid-off workers' COBRA health insurance premiums if they choose to continue their health insurance under their former employer's plan. The reason for their concern is no mystery: The federal law known as COBRA that permits them to extend their health insurance also requires them to pay 100 percent of the premium, plus an administrative fee of 2 percent. For people trying to get by on an unemployment insurance check of around $325 a week, shelling out $1,000 or more a month for health insurance is often not feasible. Even a helping hand of 65 percent doesn't make COBRA cheap, but for some the subsidy will at least make coverage affordable.
If you have questions about the COBRA subsidy make sure to visit our FAQ, the article and the Department of Labor's COBRA website.
In today's USA Today, Sandra Block highlights some of the important provisions regarding ensuring continued access to health care for unemployed workers in the American Recovery and Reinvestment Act:

The economic stimulus package signed into law last month seeks to address the high costs by subsidizing COBRA premiums for unemployed workers. Under the federal Consolidated Omnibus Budget Reconciliation Act, or COBRA, laid-off workers can continue their former employer's health coverage for up to 18 months, but only if they pay the entire premium, plus a 2% administrative fee. Average COBRA premiums exceed $400 a month for individuals, and more than $1,000 a month for families.

The stimulus package will subsidize 65% of COBRA premiums for employees who were laid off between Sept. 1 and the end of this year. If you delayed signing up for COBRA coverage when you lost your job, you have 60 days to re-enroll after you receive a notice from your employer.
Read the rest of the article for additional important information about eligibility and COBRA expiry.

White House: American Recovery and Reinvestment Act to Save or Create 3.5 Million Jobs

The White House announced that the American Recovery and Reinvestment Act, signed into law today by President Obama, will save or create 3.5 million jobs over the next two years. 

More about the impact of the new law can be found in these White House fact sheets:

Overview on American Recovery and Reinvestment Act »
Impact of American Recovery and Reinvestment Act on Working Families »
Employment Numbers by State »
Education Fact Sheet »
Health Care Fact Sheet »

Also, visit Recovery.gov to see how money from the American Recovery and Reinvestment Act will be spent.
(This is a guest blog post by Rep. Rubén Hinojosa, chairman of the Subcommittee on Higher Education, Lifelong Learning, and Competitiveness.)

hinojosaphoto_highres.JPGAmerica’s workers are in dire straits -- 3.6 million jobs have been lost since December 2007, with 598,000 jobs shed last month alone and unemployment surging to 7.6 percent.

Worse, we have failed to provide our workers with the education and skills that would help them weather the storm.  According to the National Commission on Adult Literacy, 80 to 90 million U.S. adults, roughly half of the nation’s workforce, currently lack the basic education and communication skills required for jobs that pay family sustaining wages.

The American Recovery and Reinvestment Act, which includes $4 billion for job training to help prepare laid-off, adult, and younger workers for work in emerging industries, is a critical first step toward getting America back to work.

However, our Workforce Investment Act (WIA), which authorizes our job training, adult education, and vocational rehabilitative services programs, is also long overdue for an upgrade. The current authorization expired in 2003, and the law has not been reauthorized since 1998 – when the economy was stronger and we were adding jobs rather than shedding them.
We must strengthen WIA to meet today’s challenges and position our workers for long-term success in the global economy.

An improved WIA should be a key plank in our plans to restore economic prosperity to America’s working families. We have an opportunity to update our job training programs so that they not only place workers into jobs but onto career pathways that lead to better wages and advancement in the workplace. We should seize the moment to re-engage adult learners who struggle with low literacy levels or who lack a high school diploma, providing them with the skills and credentials they need for success on the job and an improved quality of life at home and in the community.

The Subcommittee on Higher Education, Lifelong Learning and Competitiveness will kick off the drive to reauthorization with a hearing looking at innovation and best practices under the current Workforce Investment Act.  We will be seeking input from all stakeholders on how we need to modernize WIA to weather today’s economic crisis and to lay the foundation for a dynamic, highly skilled workforce for the future.


Watch Chairman Miller Discuss the Signing of the Lilly Ledbetter Fair Pay Act Into Law

House Steering & Policy Committee Held Forum on the Economic Recovery Plan

On Wednesday, January 7 at 10:00 am, the House Democratic Steering and Policy Committee held a forum on the economic outlook and the components of an economic recovery plan to spur job creation and create long-term growth. Steering and Policy Committee co-chairs Congressman George Miller (CA-7) and Congresswoman Rosa L. DeLauro (CT-3) chaired the forum, which featured a panel of economists and experts in infrastructure investments. The chairs of the House Science and Technology, Energy and Commerce, Transportation and Infrastructure, Budget, Appropriations and Ways and Means Committees also participated.


The forum on the state of the economy and the need for a comprehensive jobs and economic recovery package took place on Wednesday 7 January 2009 at 10:00 AM in Washington, DC in the Ways and Means Committee Hearing Room (1100 Longworth House Office Building).


"The state of our economy demands Congress act quickly to pass at the earliest date an economic recovery plan to provide immediate relief to Americans and to create or save millions of American jobs," said Speaker Nancy Pelosi.  "This hearing will build upon the stimulus package the House passed in September and the numerous hearings held by our other committees, to ensure we make the necessary investments in an innovative and bold way to strengthen the economy."

"We know that smart, strategic investments in our nation's infrastructure are key to getting Americans back to work and getting our economy moving forward," said Congressman Miller, the chair of the House Education and Labor Committee. "This hearing will help the new Congress take swift, effective action to create jobs, rebuild our economy, strengthen our competitiveness through strategic investments in education and lay the foundation for a robust and innovative future."

"Families are struggling, facing times tougher than they have ever been in recent memory.  This moment requires bold solutions that will drive economic growth and job creation directly.  With this hearing we will examine what we need to do to get our economy moving again and how we can work together to reverse the daunting trends, jumpstart our economy and ensure our economy grows and prospers in the years ahead," said Congresswoman Rosa DeLauro.

Participating:

Speaker Nancy Pelosi (D-CA)
U.S. Rep. George Miller (D-CA), chair, Democratic Policy Committee and chair, Education and Labor Committee
U.S. Rep. Rosa DeLauro (D-CT), chair, Democratic Steering Committee
U.S. Rep. Bart Gordon (D-TN), chair, Science and Technology Committee
U.S. Rep. David Obey (D-WI), chair, Appropriations Committee
U.S. Rep. James L. Oberstar (D-MN), chair, Transportation and Infrastructure Committee
U.S. Rep. Charles B. Rangel (D-NY), chair, Ways and Means Committee
U. S. Rep. John M. Spratt, Jr. (D-SC), chair, Budget Committee
U.S. Rep. Henry Waxman (D-CA), chair, Energy and Commerce Committee

Panelists:


Dr. Mark M. Zandi
Chief economist and cofounder of Moody's Economy.com

Robert Reich

Former Secretary of Labor and a professor at the University of California at Berkeley

Martin Feldstein
George F. Baker Professor of Economics at Harvard University and President Emeritus of the National Bureau of Economic Research
 
Norman R. Augustine
Author of the Gathering Storm, which focused the nation's attention on the critical need for investments in basic science and research, in addition to his other accolades

Maria Zuber
E. A. Griswold Professor of Geophysics at the Massachusetts Institute of Technology



I congratulate Ron Kirk on his selection as the next U.S. Trade Representative. Earlier this year, he spoke of the importance of "responsible trade." At this pivotal time for our nation’s economy, our competitiveness, and for the larger global community, I hope that he will champion the kind of responsible trade policies that give all workers a real shot at good jobs and put us on the path towards a more prosperous, green and sustainable future.

During his campaign, President-Elect Obama promised to fix our broken global trading system by insisting on strong, enforceable labor and environmental standards in future trade agreements. He pledged to re-negotiate the deeply flawed North American Free Trade Agreement, hold off consideration of the proposed trade agreement with Colombia until its government shows real progress in addressing and prosecuting the horrific assassinations of labor leaders and union members in its country, and strengthen assistance for U.S. workers who lose their jobs due to trade. These promises are an enormous step in the right direction, and I hope that the President-Elect and Mr. Kirk will deliver on them.

Our committee looks forward to working with Mr. Kirk and the Obama administration to modernize NAFTA and CAFTA, and to negotiate future trade agreements that will help rebuild and strengthen our economy, restore our competitive edge, and uphold our belief that all workers on this planet deserve basic human rights and labor protections.

Miller has been a leading voice in calling for the Colombian government to do more to effectively address the horrific assassinations of its country’s labor leaders and union members before the U.S. moves forward with its proposed trade agreement with Colombia. Currently, the country’s impunity rate for such murders remains well above 90 percent, and even many convicted killers remain at large.  For more information on his efforts, click here.
Congresswoman Hilda Solis is a very strong champion of working families and will be an outstanding Secretary of Labor. Her record in the California legislature as a leader on labor issues and her excellent work in Congress on behalf our of nation’s working men and women will restore the Department of Labor as an advocate for hard working Americans.  

Congresswoman Solis will take the helm of the Department of Labor during a very trying time for our nation and our workers. Our nation’s growing economic uncertainty demands a Labor Secretary who understands the everyday struggles Americans are facing.

The task of rebuilding the Department of Labor after years of neglect will be particularly daunting. As a colleague and former member of the Education and Labor Committee, I am confident that Hilda Solis is the right person to lead this effort to ensure that the Labor Department fights for working people.

I look forward to working with her and the Obama administration to move the country forward on expanding health care, ensuring fair and equal pay, improving worker safety, strengthening retirement security and rebuilding our middle class.
The U.S. Senate passed legislation today to extend the amount of time out of work Americans can receive unemployment insurance benefits. The House overwhelmingly passed the bill in October; the measure now goes to the president for his signature. The Unemployment Compensation Extension Act of 2008 (H.R.6867) provides workers with an additional seven weeks of unemployment benefits for workers who have exhausted their regular unemployment and an additional 13 weeks of benefits for workers in states with the highest unemployment.

In light of today’s devastating economic news that new jobless claims rose to their highest level in more than 16 years, the Senate did the right thing for millions of out-of-work Americans. Unemployment benefits for more than a million Americans are set to expire by the end of the year. This extension will provide much-needed help for these families who still have to put food on the table, pay their home and heating bills, and look for a job.

With our nation’s financial wounds deepening by the day, we can’t allow the rug to get pulled out from under workers looking for a new job. Extending unemployment benefits is a no-brainer – it’s one of the most effective things we can do to help workers and stimulate our economy. With the holiday season fast approaching, it’s time for the President to give workers and families a helping hand by immediately signing this bill.
Today, the Democratic Caucus officially re-elected Rep. George Miller to chair the House Education and Labor Committee for the 111th Congress.

It is an honor and a privilege to continue to chair the Education and Labor Committee in the next Congress, and I thank my colleagues for their support.

If anything, this historic election reminded us that Americans from all regions, backgrounds and political stripes are united in our shared hopes and aspirations: A quality, affordable education for our children; a good-paying job with decent benefits; and a secure retirement after a lifetime of hard work. In a nation as great as ours, these dreams can – and must – be achieved.

I look forward to working with all members of this committee, the next Congress, and the new administration on a Main Street recovery plan that will revitalize our economy, and toward our larger goal of rebuilding and strengthening America’s middle class. Like President-Elect Obama, I’m confident we can reach this goal by working in a bipartisan way that transcends the politics of the past, and by making sure that our government is open, accountable and engages the public. Moving forward, our committee will also build on our efforts to use innovative strategies to make sure that the voices of Americans around the country are heard here in Washington.

I also know that no one is more excited about the opportunities before us than Senator Ted Kennedy. No one has fought harder for our children, workers and families than Ted, and no one could ask for a better partner in these challenging times. I am thrilled that he has returned to the Senate, and look forward to continuing to work closely with him on the important tasks that lie ahead.

More information on Chairman Miller's priorities for the committee in the 111th Congress »

Recent Labor Legislative Victories

Several labor measures have been signed into law or passed through the House recently, thanks to the Committee's hard work.

ADA Amendments Act: Signed Into Law

On June 25, the House passed the ADA Amendments Act of 2008 by a vote of 402-17 to stop discrimination against individuals with disabilities by restoring the original intent of the Americans with Disabilities Act. This bipartisan legislation will reverse several U.S. Supreme Court decisions that have undermined the Americans with Disabilities Act. Since the ADA’s enactment nearly two decades ago, courts have dramatically reduced the numbers of workers who are protected from employment discrimination under the law.


Genetic Information Nondiscrimination Act: Signed Into Law

The Genetic Information Nondiscrimination Act was signed into law on May 21, preventing health insurers and employers from using Americans’ personal genetic information to discriminate against them. The law prohibits employers from using individuals' genetic information when making hiring, firing, job placement or promotion decisions. It also makes it illegal for group health plans and health insurers to deny coverage to healthy individuals or charge them higher premiums based solely on a genetic predisposition to a specific disease.


Child Labor Protection Act: Signed Into Law

Employers in the U.S. who violate child labor laws will face stiffer fines under a measure signed into law on May 21. The Child Labor Protection Act, first introduced in 2007 by U.S. Reps. Lynn Woolsey (D-CA) and Joe Wilson (R-SC), increases penalties from $11,000 to $50,000 for violations of the Fair Labor Standards Act that cause the death or serious injury of a child.


Airline Flight Crew Technical Corrections Act: Passed by House

On May 20, the House passed the Airline Flight Crew Technical Corrections Act by a vote of 402-9, clarifying that flight attendants and pilots are entitled to take unpaid family and medical leave to care for themselves, newborn children, and sick or injured family members. The bill would close a loophole which, because of the unique way many air crews’ hours are calculated, effectively excludes more than 200,000 flight attendants and pilots from coverage under the Family and Medical Leave Act.


Worker Protection Against Combustible Dust Explosion and Fires Act: Passed by House

On April 30, the House passed the Worker Protection Against Combustible Dust Explosion and Fires Act to help prevent combustible dust explosions like the one at the Imperial Sugar refinery in Port Wentworth, Georgia, on February 7 that killed 13 workers and injured more than 60 others. The measure would require the U.S. Occupational Safety and Health Administration (OSHA) to issue rules regulating combustible industrial dusts, like sugar dust, that can build up to hazardous levels and explode. OSHA has known about these dangers for years, but has failed to act.

Schedule »

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