Worker Rights

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

On 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.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, today issued the following statement on Equal Pay Day. The day commemorates how far into the year a woman must work in order for her wages to equal those of a man in the previous year.

“In an economy as difficult as ours, the fundamental value of equal pay for equal work is more important than ever. This marks the first Equal Pay Day in eight years with a President and Labor Secretary who are committed to restoring fairness in the workplace – and the change is already evident. By signing the Lilly Ledbetter Fair Pay Act into law during his first days in office, President Obama has given women and other workers the ability to fairly challenge unlawful pay discrimination.

The House Education and Labor 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.

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)

In today's Pittsburgh Post-Gazette, they highlight the trouble with the current process for forming a union.

If the story of the janitors and groundskeepers at the Carnegie Science Center weren't true, it would seem as if the advocates of the Employee Free Choice Act were making it up.

Those 10 people work for the same employer as the 50 people who clean the Carnegie Museums of Art and Natural History and the Carnegie Libraries. Yet, because of a quirk of history dating to a time when the individual museums were run as if they were separate organizations, the janitorial staffs at the museums and libraries are unionized. The cleaners at the Science Center are not….

The pay is $7.85 an hour. He is without medical insurance and is not granted days off with pay for sick time or vacation….

The janitors at the Oakland museums and the Carnegie Libraries of Pittsburgh make $10 to $14 an hour and are awarded full benefits, including health insurance, vacation time and sick days, according to Gabe Morgan from the union that represents them.

The Employee Free Choice Act would help those 10 workers get the same wages and benefits as the other 50 janitors within the same organization.

Learn more about the Employee Free Choice Act and how it will benefit workers.

Here is another story worth reading. It highlights how workers in Indiana would be helped by the Employee Free Choice Act.

WASHINGTON, D.C. – The government agency responsible for investigating complaints of minimum wage, overtime and child labor violations left workers vulnerable to unscrupulous employers, the U.S. Government Accountability Office told the House Education and Labor Committee today. The GAO’s conclusions were based on the results of an undercover investigation into the Wage and Hour Division of the U.S. Department of Labor from July 2008 to March 2009.

“Those most vulnerable to wage theft are likely bearing the brunt of our nation’s economic crisis,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, who requested the investigation. “We owe it to all hard working Americans to ensure that we correct the incompetence of the Bush administration and ensure families are not being cheated out of their wages by unscrupulous employers. This was a massive failure. Former Secretary Chao was absent without leave.”

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.

WASHINGTON, D.C. – U.S. Reps. George Miller (D-CA) and Rob Andrews (D-NJ) and U.S. Sen. Tom Harkin (D-IA) today said that a proposal unveiled by three companies this weekend as an alternative to the Employee Free Choice Act would further undermine workers' rights on the job. Miller, Andrews and Harkin, leaders in the House and Senate on the Employee Free Choice Act, issued the following statement opposing this approach:

“This proposal is unacceptable. It was written by CEOs for CEOs. It is not a serious attempt at labor law reform because it fails to fundamentally address key problems that currently prevent workers from being able to join together and bargain for a better life.
 

WASHINGTON, D.C – U.S. Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee of the House Education and Labor Committee, issued the following statement on the U.S. Occupational Safety and Health Administration’s announcement that they will withdraw a Bush era procedural roadblock to that slowed protections for workers who handle the dangerous food flavoring diacetyl.    

WASHINGTON, DC – Majority Leader Steny H. Hoyer (Md.) issued the following statement today after the Employee Free Choice Act was introduced in the U.S. House and Senate:
 
“Today, Chairman Miller and Senators Kennedy and Harkin introduced legislation to give hard-working Americans the tools they need to secure fair wages and treatment at their jobs.

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 »

WASHINGTON, D.C. – 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. 

Both the U.S. Senate and House will introduce the Employee Free Choice Act today.

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 »

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.

WASHINGTON, D.C. – More needs to be done to encourage paid sick and family medical leave policies that help workers balance work and family, witnesses told the Subcommittee on Workforce Protections of the House Education and Labor Committee.

WASHINGTON, D.C. – Whistleblowers who call out illegal activities are not adequately protected from retaliation from their employer, according to a report released by the U.S. Government Accountability Office today. GAO found these problems stem largely from a lack of resources and proper tracking of complaints, as well as a complicated patchwork of regulations that aim to protect whistleblowers. The investigation was requested by U.S. Reps. George Miller (D-CA), Lynn Woolsey (D-CA) and U.S. Senator Patty Murray (D-WA).

(This is a guest blog post by Rep. Phil Hare, a member of the Committee on Education and Labor.)

If one thing was made clear by today’s hearing it is this: violence against workers in Colombia continues to rage at unacceptable levels.

Here in the United States, we will soon consider legislation intended to make the system for joining unions fairer. But I know people on both sides of that debate would shudder to think that in some places in the world exercising your fundamental right to organize could cost you your life. 

WASHINGTON, DC -- U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor, issued the following statement today after President Obama signed three executive orders to restore workers’ rights in federal contracts and the creation of a Middle Class Task Force

WASHINGTON, DC -- U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee and chief House sponsor of the legislation, issued the following statement today after President Obama signed the Lilly Ledbetter Fair Pay Act into law.

WASHINGTON – The U.S. House of Representatives gave final approval today to reverse a Supreme Court ruling that has made it more difficult for Americans to pursue pay discrimination claims. The bill now goes to President Obama and will likely be the first major piece of legislation he signs into law.

The House gave final approval to the Lilly Ledbetter Fair Pay Act today by a vote of 250-177. The measure will be the first bill sent to President Obama's desk for his signature.  The Lilly Ledbetter Fair Pay Act will reverse a Supreme Court ruling that has made it more difficult for Americans to pursue pay discrimination claims.  It clarifies that every paycheck or other compensation resulting from an earlier discriminatory pay decision constitutes a violation of the Civil Rights Act. As long as workers file their charges within 180 days of a discriminatory paycheck, their charges would be considered timely. This was the law prior to the Supreme Court’s May 2007 decision in Ledbetter v. Goodyear.

"The Ledbetter v. Goodyear Supreme Court ruling was a painful step backwards for civil rights in this country. Today, the House will correct this injustice, and send President Obama his first bill to sign into law," Chairman George Miller said today.

Watch Chairman Miller's January 9, 2009 statement about the Lilly Ledbetter Fair Pay Act on the House floor:



















Watch Lilly Ledbetter's 2007 testimony before the Committee:

“What happened to me is not only an insult to my dignity, but it had real consequences for my ability to care for my family. Every paycheck I received, I got less than what I was entitled to under the law.

“The Supreme Court said that this didn’t count as illegal discrimination, but it sure feels like discrimination when you are on the receiving end of that smaller paycheck and trying to support your family with less money than the men are getting for doing the same job.

“And according to the Court, if you don’t figure things out right away, the company can treat you like a second-class citizen for the rest of your career. That isn’t right.” -- Lilly Ledbetter.

The Lilly Ledbetter Fair Pay Act is expected to be considered on the House floor today, January 27, for final approval before being sent to President Obama's desk for signature into law.

After the Senate passed the measure on January 22 by a vote of 61-36, Chairman Miller said:

“I applaud the Senate’s swift approval of the Lilly Ledbetter Fair Pay Act. Our nation is one step closer to correcting a disastrous Supreme Court decision that allows bad employers to engage in illegal employment discrimination so long as they keep it hidden for 180 days. Illegal employment discrimination in any form is an attack on all working Americans and must be stamped out.

“The 2007 Ledbetter Supreme Court decision has already had a chilling impact on hundreds of discrimination claims. It wasn’t Lilly Ledbetter’s fault that Goodyear decided to pay her less because she was a woman. But a narrowly divided, ideological Supreme Court said that even though her company had engaged in illegal pay discrimination in secret for decades, she would have to live with a smaller pension and Social Security benefit for the rest of her life. This isn’t just or fair by any measure.

“It is well past time to reset the law to where it was before the ruling. The Lilly Ledbetter Fair Pay Act will do just that. I expect the House will quickly pass the Senate’s version and send it to President Obama for his signature.”

WASHINGTON, DC -- U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee and chief House sponsor of the legislation, issued the following statement today after the Senate passed the Lilly Ledbetter Fair Pay Act by a 61 to 36 vote.

The House passed the bill by a 247 to 171 vote on January 9. The legislation is on track to be one of the first bills sent to President Obama’s desk.

WASHINGTON, DC -- The House of Representatives today approved legislation to rectify a Supreme Court ruling that made it harder for Americans to pursue discrimination claims. The bill is among the first considered by the 111th Congress and passed by a 247 to 171 vote.

On January 9, the House of Representatives passed the Lilly Ledbetter Fair Pay Act by a vote of 247-171, and the Paycheck Fairness Act by a vote of 256-163.

“The Supreme Court’s misguided decision is already having very harmful consequences far beyond Ms. Ledbetter’s case and must not stand.  This issue is about basic fairness for our nation’s workers. Americans shouldn’t be treated differently based on the color of their skin, gender, disability or faith.” -- Chairman George Miller



“In this economy, families are struggling to make ends meet. Not one of them deserves to be shortchanged, but because women still earn 78 cents for every dollar men earn, many unfortunately are. But this does not need to be.  Today, by passing the Paycheck Fairness Act, we send a strong message that gender discrimination is unacceptable and women will have the tools they need to combat it. We are standing up for working women and their families. It is our moment to fight for economic freedom and eliminate the systemic discrimination faced by women workers. With this legislation, we begin the change, make history, and change lives.” -- Rep. Rosa DeLauro, sponsor of the Paycheck Fairness Act

WASHINGTON, DC – The U.S. House of Representatives approved legislation today that would help end the discriminatory practice of paying men and women unequally for performing the same job.
 

 

The House is scheduled to vote on the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act today, January 9.

Lilly Ledbetter Fair Pay Act:

On May 29, 2007, in its 5-4 Ledbetter v. Goodyear decision, the Supreme Court severely restricted the rights of employees to challenge unlawful pay discrimination. The Lilly Ledbetter Fair Pay Act restores employee rights to challenge pay discrimination.

The Court’s misguided decision is already having very harmful consequences far beyond Ms. Ledbetter’s case. According to The New York Times, the Ledbetter decision was cited in at least 300 cases in the 19 months after the Supreme Court's ruling. Not only have pay discrimination cases been adversely impacted, but Fair Housing, Title IX, and even the Eighth Amendment also have been affected. More on the Lilly Ledbetter Fair Pay Act »

Paycheck Fairness Act:

The Paycheck Fairness Act would help end the discriminatory practice of paying men and women unequally for performing the same job. The bill, which was introduced by Rep. Rosa DeLauro, will strengthen the Equal Pay Act and close the loopholes that have allowed employers to avoid responsibility for discriminatory pay.

Although the wage gap between men and women has narrowed since the passage of the landmark Equal Pay Act in 1963, gender-based wage discrimination remains a problem for women in the U.S. workforce. According to the U.S. Census Bureau, women only make 78 cents for every dollar earned by a man. The Institute of Women’s Policy Research found that this wage disparity will cost women anywhere from $400,000 to $2 million over a lifetime in lost wages. More on the Paycheck Fairness Act »

WASHINGTON, DC -- Congresswoman Lynn Woolsey (D-CA), chairwoman of the House Education and Labor Subcommittee on Workforce Protections and Congressman Phil Hare (D-IL), a Subcommittee member and a leading advocate of workplace safety, today released the following statements in response to the settlement reached between the U.S. Department of Labor and Cintas Inc. regarding the company’s repeat workplace safety violations, including one which lead to the death of a worker in Tulsa, Oklahoma.

“While I am thankful that OSHA has finally reached an agreement to force Cintas to fix hazards that have resulted in repeated safety violations, I am deeply disturbed that the settlement does not specifically hold Cintas responsible and does not go far enough to prevent future accidents,” said Rep. Lynn Woolsey.  

WASHINGTON, DC -- Legislation that would help protect guest workers from fraud, abuse and exploitation at the hands of foreign labor recruiters and U.S. employers cleared Congress yesterday, as part of a larger bipartisan measure to combat human trafficking.

The provisions were championed by U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, and U.S. Reps. Howard Berman (D-CA), John Conyers (D-MI), and Zoe Lofgren (D-CA), and are expected to be signed by the President.

The House of Representatives gave final approval today for legislation to stop discrimination against individuals with disabilities by restoring the original intent of the Americans with Disabilities Act.   By a voice vote, the House passed the ADA Amendments Act (S. 3406) to 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. The bill now goes to President Bush for his signature.

Chairman George Miller sent a letter Friday to Colombia’s President Álvaro Uribe, asking his government to address concerns that Colombia has failed to adequately address the nearly 2,700 murders of labor union leaders in his country. President Uribe will meet with Miller and other members of Congress this week in Washington.

The House passed the Paycheck Fairness Act today, by a vote of 247-178.  This bill will help end the discriminatory practice of paying a woman less than a man for performing the same job by strengthening the landmark Equal Pay Act and closing the loopholes that have allowed some employers to avoid responsibility for discriminatory pay.

On Wednesday, July 30, the Health, Employment, Labor, and Pensions Subcommittee will hold a hearing on the proposed merger of Delta and Northwest Airlines and the merger’s potential impact on workers of those airlines.

"The Proposed Delta/Northwest Airlines Merger: The Impact on Workers”
Wednesday, July 30, 2008, 10:30 a.m. EDT

The Committee passed the Paycheck Fairness Act today to help end the discriminatory practice of paying men and women unequally for performing the same job, by a 26 to 17 vote.  The bill, which was introduced by Rep. Rosa DeLauro, will strengthen the Equal Pay Act and close the loopholes that have allowed employers to avoid responsibility for discriminatory pay.  Although the wage gap between men and women has narrowed since the passage of the landmark Equal Pay Act in 1963, gender-based wage discrimination remains a significant problem for women in the U.S. workforce. According to the U.S. Census Bureau, women only make 77 cents for every dollar earned by a man. The Institute of Women’s Policy Research concluded that this wage disparity will cost a woman anywhere from $400,000 to $2 million over her lifetime in lost wages.

On Thursday, July 24, the Committee will vote on legislation to help end the discriminatory practice of paying men and women differently for performing the same job.  The Paycheck Fairness Act (H.R. 1338), introduced by Rep. Rosa DeLauro (D-CT), will strengthen the Equal Pay Act and close the loopholes that have allowed employers to avoid responsibility of discriminatory pay.  Although the wage gap between men and women has narrowed since the passage of the landmark Equal Pay Act in 1963, gender-based wage discrimination remains a problem for women in the U.S. workforce. According to the U.S. Census Bureau, women only make 77 cents for every dollar earned by a man. The Institute of Women’s Policy Research found that this wage disparity will cost women anywhere from $400,000 to $2 million over a lifetime in lost wages.

Markup on "H.R. 1338, Paycheck Fairness Act"
Thursday, July 24, 2008, 1:00 p.m. EDT
 

The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on Immigration and Custom Enforcement workplace raids and the effects of the raids on local communities, including the impact on children, most of whom are American citizens. Witnesses explored how immigration enforcement could be improved in order to protect children.

The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on the federal Occupational Safety and Health Administration’s lack of adequate enforcement and oversight of workplace safety and health conditions within large, multiple-facility corporations.

Witnesses explored events at the Cintas Corporation, the largest uniform supplier in North America. In 2007, a worker died at the company’s Tulsa facility despite previous evidence, known to both OSHA and Cintas, of similar hazards at other Cintas facilities and industrial laundries. The death resulted in the largest service sector fine in OSHA’s history and was followed by additional citations of similar problems at other Cintas facilities.