Recently in Worker Rights

House Democrats Introduce Legislation to Protect Workers from Wage Theft

Bill based on recommendation made by the Government Accountability Office

WASHINGTON, D.C. – Leading House Democrats introduced legislation today to ensure that workers do not lose wages while the U.S. Department of Labor investigates wage theft by some employers who may drag out such investigations. The legislation is in response to a comprehensive Government Accountability Office investigation into the federal government agency responsible for taking and investigating complaints of minimum wage, overtime and child labor violations.
The Wage Theft Prevention Act (H.R. 3303) is based on a GAO recommendation made in a report released today. The bill would ensure that delays in investigating claims of wage theft will not result in a permanent loss of back pay for workers. The GAO found many investigations of wage theft were inadequately handled by the Bush administration’s Wage and Hour Division and were dropped because the statute of limitations is too short and investigations took too long.  To ensure that workers do not lose their hard-earned wages, the bill would freeze the statute of limitations from the date an employer is informed of an investigation until the agency notifies the employer that the investigation has concluded.

“This legislation is a simple solution to the very real problem of workers’ pay being stolen by unscrupulous employers,” said U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee. “Especially in this economy, hard-working Americans shouldn’t have to worry about whether they are being paid properly. This bill will hold those responsible for stealing workers’ wages by helping to ensure that legitimate complaints can be properly investigated.”

“Wage theft is a serious problem in this country and affects those who can least afford to lose their pay,” said Rep. Lynn Woolsey (D-CA), co-sponsor of the bill and chair of the Workforce Protections Subcommittee. “These same workers generally cannot afford a private attorney to recover their wages and must rely on Department of Labor to pursue these claims. This bill will give the Department time to do this.”

An undercover investigation by the GAO found that the Wage and Hour Division’s complaint intake, complaint resolution, and investigation processes were ineffective and discouraged workers from lodging wage theft complaints. In several of the division’s regional offices, staff were directed to only record successful complaint resolutions in its database, making the Wage and Hour Division statistics appear better than they were. In addition, the GAO found that because of the lack of resources and staff, investigations on wage theft and child labor violations were frequently delayed by months or years.  

Under the Obama administration’s leadership, Department of Labor has announced that the agency plans on hiring 250 investigators to the Wage and Hour Division.

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WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, today announced that he will hold a hearing to examine how the recent U.S. Supreme Court decision in Gross v. FBL Financial Services will affect workers’ protections against age discrimination and other forms of discrimination in the workplace. The 5 to 4 decision dramatically increases the hurdles that victims of age discrimination must overcome in order to have their day in court.
 “The Supreme Court’s ruling will make it even more difficult for workers to stand up for their basic rights in the workplace. A narrow majority of the Supreme Court has once again overturned decades of precedent and congressional intent and sided with powerful corporate interests on a workplace discrimination case. Like with the Lilly Ledbetter case, Congress may be forced to clarify the law’s intent so we can prevent the damage this decision will have on workers’ civil rights. The court’s ruling was unacceptable, and this Congress will work to protect all Americans’ ability to be treated fairly on the job. Employment decisions should be based on merit, not prejudice.”

BACKGROUND OF GROSS V. FBL FINANCIAL SERVICES

On June 18, the Supreme Court overturned a jury trial verdict that found that Jack Gross, 54, was demoted by his employer in part because of his age. The court said Gross had to prove not just that age played a role in his demotion but that age was the motivating factor in his demotion. The ruling overturns decades of case law and Congressional intent, which forces employers, after a plaintiff has shown that age was a factor, to show evidence that the employment decision would have been made anyway, regardless of the plaintiff’s age. Under the Supreme Court’s ruling, workers will now carry an extremely difficult burden when it comes to an employer’s internal motivations, having to prove both that age was a motivating factor for an employment decision and that no other factor would have motivated the decision without age.  

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Sen. Brown, Reps. Miller, McHugh Introduce Bill to Assist Workers Facing Mass Layoffs

Bipartisan “FOREWARN Act” Will Strengthen Law to Protect Workers, Communities by Requiring Companies to Give More Notice of Mass Layoffs or Plant Closings

WASHINGTON, D.C. -- U.S. Sen. Sherrod Brown (D-OH) and Representatives George Miller (D-CA), Chairman of the U.S. House Education and Labor Committee, and John McHugh (R-NY) introduced legislation today that would strengthen the law requiring employers to notify workers and communities of mass layoffs or plant closings. The bipartisan FOREWARN Act, would strengthen enforcement of current law and close loopholes in the Worker Adjustment and Retraining Notification (WARN) Act.

In the House, the legislation is also cosponsored by Reps. Lynn Woolsey (D-Calif.) and Marcy Kaptur (D-OH). The House introduced bill is H.R. 3042.
 “Workers deserve more than just a pink slip when they lose their job because of our nation’s economic difficulties,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “Current protections for workers being laid off are both confusing and rarely enforced. While an early warning may not save their job, a meaningful early notice will help them prepare to find a new job or upgrade their skills for new employment.”

“Across our country, communities and families have been devastated by mass layoffs.  We have seen this acutely in Northern and Central New York and know all too well the lasting and fundamental impacts mass layoffs and plant closures have on individuals, families, and communities.  In the two decades since the WARN Act was enacted, our nation’s economy has changed markedly,” said U.S. Rep. John McHugh (R-NY).  “It is time to modernize the WARN Act to fit today’s economy, and thereby ensure workers and communities get the fair notice they deserve and need to prepare and adjust to their change in job status.  Thus, I am pleased to have had the opportunity to work with Chairman Miller and Senator Brown to develop the Forewarn Act.”

“Mass layoffs send shockwaves through individual households and entire communities,” U.S. Sen. Sherrod Brown (D-OH) said. “This bill is about protecting workers and helping communities respond to mass layoffs. The WARN Act was supposed to give employees time to find a new job. Unfortunately, fair notice has become the exception not the rule. This bill will modernize the WARN Act by closing loopholes and strengthening its enforcement. Workers and communities should be armed with best arsenal of protective measures during these challenging economic times.”

Over the past several months, laid-off employees have filed lawsuits over violations of the WARN Act against companies as varied as Lehman Brothers, retailers like Sam’s Club and Goody’s, the electronics chain Tweeter, ABX Air, USA Jet Airlines, and major law firms.

Congress passed the WARN Act in 1988 to give workers and communities 60 days advance notice to adjust to an impending “plant closing” or “mass layoff.”  Compelling evidence demonstrated that retraining and other readjustment efforts have the greatest success when advance notice is provided.

The WARN Act’s effectiveness has been undermined by existing loopholes and weak enforcement. First, the WARN Act only covers 24 percents of all layoffs, according to a report by the by the Government Accountability Office (GAO). Of those layoffs, employers only provided notice approximately one-third of the time. The WARN Act has several exceptions that employers can invoke— both legitimately and illegitimately— including unforeseen business circumstances and whether a company is trying to attract capital to avoid a shutdown. Furthermore, the WARN Act is only invoked at companies with at least 100 employees that layoff 33 percent or more of their workforce.

Second, weak penalties and enforcement measures may prevent employers from providing notice. GAO found that employers failed to provide notice to employees in two-thirds of layoffs and closures where the WARN Act applied.  The WARN Act requires violating employers to pay an employee a day’s pay for every day of notice not provided and does not provide the federal government the authority to enforce workers’ rights.

The FOREWARN Act would give the U.S. Department of Labor (DOL) the authority to enforce the WARN Act, and would increase penalties for violation to double back pay. In addition, it would reduce the mass layoff figure from 50 to 25, reduce the employer size from 100 to 75 employees, and lower the mass layoff trigger. The lower thresholds would protect employees in both manufacturing and services firms. It would also lengthen the notification period from 60 to 90 days and require employers to provide written notification to the Department of Labor that includes the reason for the plant closing or mass layoff, whether the employer has jobs elsewhere, and a statement of each employee’s right to wages and benefits. The bill would also expand recipients of notification to Secretary of Labor, elected officials including the governor, member(s) of Congress, and state representatives, and the appropriate labor union(s) when applicable.

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WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, today applauded an announcement by the Department of Labor for suspending a last-minute Bush administration regulation that lowered wages and gutted labor protections for agricultural guest workers – changes that threatened to drive down the wages and working conditions for all agricultural workers.
“I commend Labor Secretary Hilda Solis for suspending this destructive midnight regulation that slashed already low wages for farm workers,” said Miller. “I look forward to working with the Obama administration to improve all our nation’s guest worker programs by increasing oversight and labor protections for guest workers and U.S. workers alike.”   

The Bush regulation affects workers in the U.S. Department of Labor’s H-2A guest worker program. Under this program employers are allowed to hire foreign workers only if they can’t first find American workers, and only if the wages and working conditions they provide don’t have a negative impact on U.S. workers. Last year the committee heard testimony from witnesses about fraud and abuse in guest worker programs under the Bush administration’s watch.

Among other things, the December regulation weakened oversight of the H-2A program, making it much easier for employers to hire foreign workers over available American workers.

The suspension will go into effect in 30 days.

For more information on the regulation, click here.

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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.
While this was a historic step forward in our fight for equal pay, it was just the beginning. I hope the Senate joins us in taking the next step to close the gender wage gap by passing the Paycheck Fairness Act, legislation that has won House approval that President Obama has made clear he supports. Ensuring basic fairness and respect for all workers is essential to strengthening our middle class and building a lasting economic recovery that benefits all Americans.”

In January, the House approved the Lilly Ledbetter Fair Pay Act, which President Obama signed during his first week in office. The House also passed Paycheck Fairness Act, which has yet to be considered by the Senate. President Obama urged Congress to send him the bill during the Ledbetter signing ceremony.

For more information on the Ledbetter Act, click here. For more information on the Paycheck Fairness Act, click here.

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Bush Labor Department Failed to Properly Investigate Wage Theft, GAO Tells House Panel

Undercover investigation revealed systemic failures in tracking and investigating complaints

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.”

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The GAO found that the Wage and Hour Division’s complaint intake, complaint resolution, and investigation processes were ineffective and discouraged workers from lodging wage theft complaints. In several of the division’s regional offices, staff were directed to only record successful complaint resolutions in its database, making the Wage and Hour Division statistics appear better than they were. In addition, the GAO found that because of the lack of resources and staff, investigations on wage theft and child labor violations were frequently delayed by months or years.  

“This investigation clearly shows that the Department of Labor has left thousands of actual victims of wage theft who sought federal government assistance with nowhere to turn,” said Gregory Kutz, GAO’s managing director of forensic audits and special investigations, “Far too often many of America’s most vulnerable workers find themselves dealing with an agency concerned about resource limitations, with ineffective processes, and without certain tools necessary to perform timely and effective investigations of wage theft complaints. Unfortunately, far too often the result is unscrupulous employers taking advantage of our country’s low wage workers.”

Over a period of several months, GAO investigators filed ten fictitious complaints with agency district offices across the country, posing as both the employee and the employer. Of the ten complaints that were made, only one was successfully resolved. The GAO also reported that after reviewing the agency’s complaint database, only five of ten fictitious complaints were logged into the system weeks later.

In one case, an undercover investigator called the agency to complain about children working with saws and meat grinders, illegal under child labor laws, during the school day. Although the agency states that investigating child labor violations is a top priority, the call was never investigated or logged into the complaint database.

To listen to this call, click here.

In another undercover call, a Wage and Hour employee told the GAO investigator that they could not follow up on the complaint because the IRS said that his employer was not big enough to be covered under the law. As the GAO testified, though the company was a fictitious and had never filed a tax return, Wage and Hour employees do not have access to IRS data. The Wage and Hour employee was referred to the Department of Labor Office of Inspector General for administrative action.

To listen to this call, click here.

In addition, the GAO audited Wage and Hour Division’s database and sampled several dozen cases to determine whether they were properly handled. Just as the undercover calls highlighted, many times, when employers declined to pay back wages – even if employers admit wages were owed – the division was likely to drop the investigation and inform the complainant the right to sue in court.  

Also, the GAO found that Wage and Hour employees often took the word of employers that they paid workers back wages owed, even if the employee never got paid.

“While some investigators wait for proof of payment before closing the conciliation, others told us that they close conciliations as soon as the employer agrees to pay,” said Kutz. “Even if the employee later tells the investigator that he has not been paid, investigators told us they do not change the outcome of a closed case in the WHD database.”

Today’s hearing follows a July 2008 Education and Labor hearing on wage theft where the GAO presented 15 case studies where the Wage and Hour Division ineffectively enforced the law. The GAO reported then that actions initiated by the Department on wage and hour violations dropped from approximately 47,000 in 1997 to fewer than 30,000 in 2007. And, the use of fines that punish repeat or egregious offenders declined by nearly 50 percent from 2001 to 2007.

To read more about the July 2008 hearing, click here.

To read the GAO’s testimony, click here.

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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.
 
“This proposal maintains the status quo by denying workers a real say in the workplace. It denies workers the ability to choose majority sign-up, the one method for organizing proven to reduce coercion and pressure from all sides on workers. It rejects a tried and proven method for ensuring good faith bargaining, denying workers a fair chance to gain the same kind of enforceable contracts that CEOs always take for themselves.

“It even increases the power of CEOs to dominate workers’ choices by allowing CEOs to initiate drives to get rid of a union – a choice that should belong to workers, not CEOs.  It is nothing more than a classic Washington lobbying campaign intended to confuse the issues and disguise the real agenda of maintaining the status quo.

“Strengthening and growing America’s middle class depends on the ability of employees to exercise their democratic rights at work. In these economic times it is more important than ever for workers to have a say about their job security, their wages, their retirement savings, and their health care. The Employee Free Choice Act is simple: it will help our economy work for everyone again by giving workers, not CEOs, the choice of whether and how to join together to bargain for a better life. Workers will not benefit if CEOs continue to have a veto over their rights at work.”

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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.    

The notice that will be published today withdraws a last-minute Bush action that would have significantly slowed the implementation of rules limiting workers’ exposure to diacetyl, a chemical used in artificial food flavoring for microwave popcorn and other foods. Scientists have linked diacetyl exposure to bronchiolitis obliterans, a severe lung disease often known as “popcorn lung.”

“This is good news for the thousands of workers who handle this dangerous food flavoring, all of whom have up until now done so at the risk of their own health.  The unfortunate reality is that because of the Bush Administration’s foot dragging on this issue, this disease has already sickened and killed a number of workers nationwide.  That’s why today’s decision is so important.  It sends a strong message that under the Obama administration, protecting the millions of workers in our country will once again be an urgent priority. I look forward to working with the administration and my colleagues to make sure that diacetyl receives the attention that it deserves.”

The House of Representatives approved legislation in 2007 to force the Bush administration to issue protections for workers who handle diacetyl. For more information on the legislation and a hearing held by the subcommittee, click here.

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U.S. Senate and House Introduce Employee Free Choice Act

Legislation Will Help Restore and Strengthen America’s Middle Class

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. 
“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.”

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Since 1935, workers have been allowed to form a union either through majority sign-up or through a National Labor Relations Board election.

While the NLRB election process uses slanted rules that dramatically favor employers, studies have found that the majority signup process reduces pressure and coercion in the workplace.  Currently, however, employers can veto workers’ decision to organize through majority signup and force them into the divisive NLRB election process where, according to a recent study, a pro-union worker is illegally fired in a quarter of all organizing drives.

The bipartisan Employee Free Choice Act simply gives workers the choice of whether to form a union either through majority signup or an NLRB election.

In addition to allowing workers to form a union through majority sign-up, the Employee Free Choice Act would also:

  • Stiffen penalties against employers that illegally fire or discriminate against workers for their union activity during an organizing or first contract drive, including requiring employers to pay treble back pay to workers whom they are found to have illegally fired; and
  • Allow employers and newly formed unions to refer bargaining to mediation and, if necessary, binding arbitration if they are not able to agree on a first contract.
Both President Barack Obama and Vice President Joe Biden believe the Employee Free Choice Act is a critical part of what must be done to build an economy that works for everyone again. In separate speeches last week, they made it clear that the legislation is a priority and that Congress must pass it.

For more information on the Employee Free Choice Act, click here.

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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.

“What we have heard today makes it clear that during good times and bad, employees and employers workers benefit from family-friendly policies,” said U.S. Rep. Lynn Woolsey (D-CA), chair of the subcommittee. “These policies will help people who desperately need them; they make good economic sense; and they will help us catch up to the rest of the world.”

Many workers often have to choose between their paycheck and taking a day off because of an illness or a child who needs to see a doctor. In light of the economic downturn, witnesses said that this choice has become a much higher stake balancing act for workers.

“Now, more than ever, workers cannot afford to lose a job due to work-family balance challenges,” said Heather Boushey, senior economist at the Center for American Progress Action Fund. “Establishing job-protected family and medical leave for more workers would help to ensure that no worker is pushed into the masses of the unemployed simply because they needed to care for a sick child or need time to recover from an illness.”

Although more than 60 percent of private-sector workers already have access to paid sick days, lower income workers are much less likely to be offered paid sick leave.

Rebia Clay Mixon
, a homecare worker from Chicago whose job is to take care of her brother who is disabled found it difficult to care for her husband when he because terminally ill. She frequently had to choose between a paycheck – the only income in her household – and taking care of her dying husband.

“I had to care for him and my brother at the same time,” said Mixon, whose husband died last April. “I couldn’t afford to take any unpaid time off to focus on my husband, because the three of us were surviving only on my income.”

Many studies have found that providing some form of paid sick leave not only benefits workers, but also helps the employer’s bottom line because turnover is lower and workers are more satisfied on the job.

“Access to paid sick days and to family leave insurance increases employee productivity and reduces turnover,” said Eileen Appelbaum, director of the Center for Women and Work at Rutgers University. “Turnover is costly for employers, and access to paid time off to care for yourself or a family member significantly improves retention and reduces these costs.”

Woolsey introduced “The Balancing Act” in the last Congress to encourage family-friendly workplaces that would, among other incentives, guarantee paid leave and expand eligibility for family and medical leave. Woolsey said she will be looking at additional ways to encourage employers to adopt paid leave policies.


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GAO: Nation’s Whistleblower Laws Inadequately Enforced, Needs Additional Resources

Only a fraction of complaints by whistleblowers receive favorable outcome

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).
As a result of the lack of resources and proper tracking of complaints, whistleblowers who call out illegal activities are not adequately protected from retaliation from their employer, the GAO concluded in a report released by Democratic lawmakers today. In fact, only one in five complaints is successful.  

Whistleblowers provide a valuable – and federally protected – service when they call attention to practices that violate federal law. At the same time, workers who blow the whistle often face retaliation from their employers for speaking out. The federal Occupational Safety and Health Administration is charged with receiving and investigating whistleblower claims covering 17 laws from workplace health and safety issues to Wall Street mismanagement.

“OSHA faces two key challenges—it lacks a mechanism to adequately ensure the quality and consistency of investigations, and many investigators have said they lack some of the resources they need to do their jobs, including equipment, training, and legal assistance,” the GAO found. GAO last investigated OSHA’s whistleblower protections program twenty years ago.

“It’s deeply troubling that workers who risk everything to blow the whistle on fraud and other serious matters remain exposed to employer retaliation and other harms,” said Rep. Miller, the chairman of the House Education and Labor Committee. “With the enormous investments now being made to save or create jobs, and the reforms intended to shed Wall Street of its culture of reckless greed, waste and mismanagement, we must protect workers who come forward at great risk trying to save lives and stop corruption.”

“Every day workers are fired and blacklisted for exposing practices in the private sector which violate federal law,” said Rep. Woolsey, the chair of the House Subcommittee on Workforce Protections.  “While a handful are lauded in the press for their actions, most whistleblowers face a lifetime of hardship for their willingness to speak up.  This is unacceptable.  I will continue to work with my colleagues on the committee, along with our partners in the Senate, to develop a streamlined and efficient review process that protects the rights and reputations of those brave enough to speak out.”

“In the face of intimidation and retaliation, whistleblower protections are often the only thing that give workers the strength to stand up and speak out,” said Senator Murray. “While I’m troubled by the GAO’s findings, I was glad to see that President Obama proposed increased funding for Occupational Safety and Health Administration (OSHA) in his budget, which will help strengthen its ability to enforce whistleblower protections. As this report makes clear, the new OSHA leadership will have some serious work to do to ensure it properly investigates and documents complaints of employer retribution. Turning the page on the Bush Administration’s dismal record of protecting workers means giving workers back the confidence they need to help root out illegal activities.”

According to OSHA’s data, of the more than 1,800 cases the agency looked at in 2007, only 21 percent of all investigations resulted in a favorable outcome for whistleblowers. The GAO cautioned that as a result of inadequate tracking of all complaints, the actual proportion of favorable outcomes for whistleblowers may actually be lower.

In addition, almost half of whistleblower investigators reported they don’t have the resources and equipment needed to do their jobs, lacking supplies as basic as laptop computers, cell phones and portable printers.

Woolsey also announced that she plans on reintroducing legislation soon to expand and simplify protections for workers in the private sector who expose illegal actions by their employers. The bill would extend already established whistleblower protections for employees who report violations of critical food safety, drug safety, consumer protection, environmental protection, health care, and homeland security laws.

For more information on the Private Sector Whistleblower Protection Streamlining Act, click here.

The view the full GAO report, click here.

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Chairman Miller Statement on President Obama’s Signing Worker-Friendly Executive Orders

President also announces creation of a Middle Class Task Force

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
“President Obama today reaffirmed that the interests of hard working Americans will not take a back seat to corporations and CEOs. Overturning these three Bush-era orders is an important step to restore a rational balance regarding the rights of employees in the workplace.

“Also, today’s announcement of the creation of the Middle Class Task Force is another welcome sign that this administration will put the interests of hardworking Americans first. As our nation strives to rebuild the ailing economy, families must be able to share in the increased prosperity. The Middle Class Task Force is an important step towards ensuring that federal laws and regulations support the growing and sustaining of the middle class.”

BACKGROUND

President Obama overturned three Bush administration executive orders today:

  • Companies receiving government contracts would have to post unbiased information on workers’ rights. Under Bush administration rules, contractors were only required to post information about union dues and not about any other worker rights under the National Labor Relations Act;
  • Federal contractors cannot be reimbursed for their union-busting campaigns by the federal government; and
  • Qualified workers and service contractors at federal buildings would have a chance to retain their jobs even if a contract changed or expired.
 

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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.
Pen from signing
January 29, 2009, The White House, President Obama hands Rep. George Miller a pen after signing the Lilly Ledbetter Fair Act, which Miller authored. This was the first signing ceremony of the Obama Administration. Ms. Ledbetter is standing at left. (Photo: Daniel Weiss)
“I am proud that the first major piece of legislation signed by President Obama reaffirms the basic and fundamental American value of equal pay for equal work. Unfortunately, the outrageous employment practice of paying workers differently based on prejudice was sanctioned by a sorely misguided Supreme Court decision in May 2007 and demanded immediate attention.

“With President Obama’s signature today, we ensure that women and other workers who are discriminated against while on the job have the ability to receive a fair remedy. Ongoing pay discrimination is an attack on all working Americans and must be stamped out.  The Congress and the President restored the law today and ensured that discriminatory paychecks are not immune from challenge.

“I also commend Lilly Ledbetter’s incredible courage and perseverance over the past couple of years in making her voice heard in this debate. Thanks to Lilly Ledbetter’s efforts, even though it is too late for her to receive justice, millions of Americans will be able to once again fight against the despicable practice of workplace discrimination.”

For more information on the Lilly Ledbetter Fair Pay Act, click here.

Photos taken by staff members at the signing:


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House Gives Final Approval to Restore Americans’ Rights to Challenge Discrimination Claims

Lilly Ledbetter Fair Pay Act likely first major bill signed by President Obama

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.
By a 250 to 177 vote, the House approved the Lilly Ledbetter Fair Pay Act, which would clarify 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 Supreme Court simply told bad employers that to escape responsibility for pay discrimination, all they need to do is keep it hidden for the first 180 days,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee and chief House sponsor of the bill. “But today, thanks to Lilly’s incredible courage and perseverance, Congress rejected this ruling for the millions of Americans suddenly now subject to legal discrimination.”

The Lilly Ledbetter Fair Pay Act would also apply to workers who file claims of discrimination on the basis of race, sex, color, national origin, religion, age, or disability.

“The passage of the Ledbetter Fair Pay Act in the House today is a rejection of the Supreme Court's ill-conceived Ledbetter decision and a restoration of an American worker's right to reasonably seek restitution against pay discrimination,” said Rep. Rob Andrews (D-NJ), chairman of the Health, Employment, Labor and Pensions Subcommittee.

According to a report from the New York Times, the Ledbetter decision has already been cited in more than 300 discrimination cases. Not only have pay discrimination cases been adversely impacted, but protections guaranteed by the Fair Housing Act, Title IX, and the Eight Amendment have also been affected.

Lilly Ledbetter worked for nearly 20 years at a Goodyear Tire and Rubber Company facility in Alabama. She sued the company after learning that she was paid less then her male counterparts at the facility, despite having more experience than several of them. A jury found that her employer had unlawfully discriminated against her on the basis of sex.

However, the Supreme Court said that Ledbetter had waited too long to sue for pay discrimination, despite the fact that she filed a charge with the U.S. Equal Employment Opportunity Commission as soon as she received an anonymous note alerting her to pay discrimination.  
 
While Ledbetter filed her charge within 180 days of receiving discriminatory pay, the court ruled that, since Ledbetter did not raise a claim within 180 days of the employer’s decision to pay her less, she could not receive any relief. Under this Supreme Court decision, employees in Ledbetter’s position would be forced to live with discriminatory paychecks for the rest of their careers. To view Ledbetter’s letter of support, click here.

Contrary to claims from critics, the Congressional Budget Office estimated in 2007 that since the bill would essentially return the law to where it stood before the Supreme Court ruling, the legislation will not lead to an onslaught of costly new litigation. Click here for the CBO estimate.

 

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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.
“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.”

BACKGROUND

Lilly Ledbetter worked for nearly 20 years at a Goodyear Tire and Rubber Company facility in Alabama. She sued the company after learning that she was paid less then her male counterparts at the facility, despite having more experience than several of them. A jury found that her employer had unlawfully discriminated against her on the basis of sex.
 
However, the Supreme Court said that Ledbetter had waited too long to sue for pay discrimination, despite the fact that she filed a charge with the U.S. Equal Employment Opportunity Commission as soon as she received an anonymous note alerting her to pay discrimination.  
 
While Ledbetter filed her charge within 180 days of receiving discriminatory pay, the court ruled that, since Ledbetter did not raise a claim within 180 days of the employer’s decision to pay her less, she could not receive any relief. Under this Supreme Court decision, employees in Ledbetter’s position would be forced to live with discriminatory paychecks for the rest of their careers.

Contrary to claims from critics, the Congressional Budget Office estimated in 2007 that the legislation will not lead to an onslaught of costly new litigation.  Click here for the CBO estimate.

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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.

The Lilly Ledbetter Fair Pay Act (H.R. 11) would clarify 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 Supreme Court’s misguided decision is already having very harmful consequences far beyond Ms. Ledbetter’s case and must not stand,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “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.”

“The passage of the Ledbetter Fair Pay Act in the House today is a rejection of the Supreme Court's ill-conceived Ledbetter decision and a restoration of an American worker's right to reasonably seek restitution against pay discrimination,” said Rep. Rob Andrews (D-NJ), chairman of the Health, Employment, Labor and Pensions Subcommittee.

The Lilly Ledbetter Fair Pay Act would also apply to workers who file claims of discrimination on the basis of race, sex, color, national origin, religion, age, or disability.
 
According to a report from the New York Times, the Ledbetter decision has already been cited in more than 300 discrimination cases. Not only have pay discrimination cases been adversely impacted, but protections guaranteed by the Fair Housing Act, Title IX, and the Eight Amendment have also been affected.

Lilly Ledbetter worked for nearly 20 years at a Goodyear Tire and Rubber Company facility in Alabama. She sued the company after learning that she was paid less then her male counterparts at the facility, despite having more experience than several of them. A jury found that her employer had unlawfully discriminated against her on the basis of sex.
 
However, the Supreme Court said that Ledbetter had waited too long to sue for pay discrimination, despite the fact that she filed a charge with the U.S. Equal Employment Opportunity Commission as soon as she received an anonymous note alerting her to pay discrimination.  
 
While Ledbetter filed her charge within 180 days of receiving discriminatory pay, the court ruled that, since Ledbetter did not raise a claim within 180 days of the employer’s decision to pay her less, she could not receive any relief. Under this Supreme Court decision, employees in Ledbetter’s position would be forced to live with discriminatory paychecks for the rest of their careers. To view Ledbetter’s letter of support, click here.

Contrary to claims from critics, the Congressional Budget Office estimated in 2007 that since the bill would essentially return the law to where it stood before the Supreme Court ruling, the legislation will not lead to an onslaught of costly new litigation. Click here for the CBO estimate.

The House-passed bill is the same as the bill approved in 2007. President-Elect Obama has indicated his strong support for the measure. The legislation is supported by a broad coalition of civil rights, worker, religious and business groups. To view supporters of the legislation, click here.


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House Approves Bill to Help Close Gender Wage Gap

Legislation Key Part of Efforts to Rebuild and Strengthen America’s Middle Class

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.
 

 
By a 256 to 163 vote, the House passed the Paycheck Fairness Act (H.R. 12), introduced by U.S. Rep. Rosa DeLauro (D-CT), a bill that will strengthen the Equal Pay Act and close loopholes that have allowed many employers to avoid responsibility for discriminatory pay. The measure, along with the Lilly Ledbetter Fair Pay Act, was among the first to be considered by the 111th Congress.

“This is a historic step forward in the fight for equal rights for women. It’s a shame that so many women still struggle to receive equal pay for equal work,” said Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “Any wage gap based on gender is unacceptable, especially as we work to rebuild our economy during these tough economic times. If we are serious about closing the gender pay gap, we must get serious about punishing those who would otherwise scoff at the weak sanctions under current law.”

“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,” said Rep. DeLauro. “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.”

“As millions of workers continue to struggle during this economic downturn, it is more important than ever to ensure that every American – regardless of gender – receives equal pay for equal work,” said Rep. Lynn Woolsey (D-CA), chairwoman of the Subcommittee on Workforce Protections. “Today’s passage of the Paycheck Fairness Act is not only symbolically important, but makes real changes to the law which will in turn raise thousands of women out of poverty, especially those who are single parents. The Equal Pay Act was passed over 45 years ago with the best of intentions. It is fitting that we now update the law so that we can renew our commitment to tackle equal pay head on.”

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 78 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.

Specifically, the Paycheck Fairness Act would:

Require that employer seeking to justify unequal pay bear the burden of proving that its actions are job-related and consistent with a business necessity;
 
Prohibit employers from retaliating against employees who share salary information with their co-workers;
 
Put gender-based discrimination sanctions on equal footing with other forms of wage discrimination – such as discrimination based on race, disability or age – by allowing women to sue for compensatory and punitive damages;
 
Require the Department of Labor to enhance outreach and training efforts to work with employers in order to eliminate pay disparities;
 
Require the Department of Labor to continue to collect and disseminate wage information based on gender; and
 
Create a new grant program to help strengthen the negotiation skills of girls and women.
 
The legislation is supported by a broad coalition of civil rights, worker, religious and business groups. To view supporters of the legislation, click here.

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Woolsey, Hare Assail Cintas Settlement

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.  
“As documented by OSHA, Cintas has a history of repeated safety violations nationwide, and allowing them a full two years to address pre-existing and well documented hazards is unacceptable.  As the Chair of the Subcommittee on Workplace Protections, it will be one of my top priorities to reform OSHA, strengthen its oversight and enforcement capabilities, and hold employers more accountable to America’s workers.  I look forward to working with the President-Elect, as well as his newly announced Labor Secretary, my friend and colleague Hilda Solis, to ensure that workers are protected, and that companies who chose to threaten their safety through violations of labor laws are held accountable.”

 “On its way out the door, the Bush Labor Department has granted serial offender Cintas a despicable pardon for their failure to protect its workers from hazardous machinery,” Hare said. “The death of Eleazar Torres-Gomez last year was tragic and preventable. In the Tulsa plant where he worked, Cintas failed to install the guarding necessary to prevent him from being dragged into a 300 degree dryer. Workers have complained of the same hazards across the country. Yet this settlement gives Cintas an unacceptably long window to make the necessary improvements, with many plants having up to 2 years.  How many lives will be lost before this company is required to gets its act together? Cintas and the Labor Department may have settled, but I will not rest until justice is served for Mr. Torres-Gomez and every other worker endangered by this company’s lackluster working conditions. I plan to bring this case to the attention of the incoming Labor Secretary and will work with my colleagues on the Workforce Protections Subcommittee to further investigate this matter and achieve a more appropriate resolution.”

“We are also upset that the Department of Labor has changed all of the willful citations to ‘unclassified citations,’ despite the fact that Cintas knew about these hazards and OSHA originally found the company to be negligent,” the members added. “There is nothing in the law that even allows unclassified citations and we are determined to take legislative action to prohibit the declassification of willful citations.”

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Congress Sends Bill to Protect Guest Workers to President

Legislation Creates Criminal Penalties for Unscrupulous Labor Recruiters and U.S. Employers

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.
Among other things, they would create strong new criminal laws to penalize foreign labor recruiters and U.S. employers who lure guest workers into employment under false pretenses. They would also provide foreign workers with vital information on their legal rights when applying for employment or education related U.S. visas.

“For too long, employers and labor recruiters have escaped scot-free when exploiting and abusing guest workers. Not only do these actions take advantage of guest workers, but they also drive down wages and benefits for American workers,” said Miller. “At a time when too many Americans are seeing their jobs and wages slip away, I’m glad that Congress took this important step to start holding crooked employers and labor recruiters accountable, and want to thank Reps. Berman, Conyers and Lofgren for their leadership in making this happen.

“However, imposing criminal penalties is just one part of the equation,” Miller continued.  “We’ve got to do more to improve working conditions and wages for both guest workers and U.S. workers. I hope that the next Congress and new administration will take a comprehensive approach on labor and immigration issues.”

Hundreds of thousands of guest workers come to this country each year, often mortgaging their lives to pay thousands of dollars in fees to recruiters who promise them a good job. In too many cases, these workers arrive here only to work for unlivable wages, in deplorable working conditions – a far cry from what they were promised. Under the Bush administration, guest worker programs have been allowed to operate with little oversight from the Department of Labor.

Miller is also the author of legislation, the Indentured Servitude Abolition Act of 2007, (H.3. 1763), that would more comprehensively put a stop to these practices. Among other things, the bill would discourage employers from using disreputable guest worker recruiters and prohibit foreign labor recruiters from charging workers fees or misleading workers about the type of job, wages or working conditions they could expect.

The Bush administration is expected to release new regulations shortly that would leave both American workers and guest workers in the Department of Labor’s H-2A agricultural and H-2 B non-agricultural programs with fewer labor protections and lower wages.

For more information on Miller’s efforts to root out these abuses, click here.

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