Federal Employment Legislation Introduced So Far This Year - American Society of Employers - Michael Burns

Federal Employment Legislation Introduced So Far This Year

With so much state law change being introduced and passed around the country and in Michigan, and until fall of last year Congress and the Executive branches being controlled by business-friendly Republicans, there was not much federal employment legislation to be concerned about. The Executive branch has been busy trying to adjust employment and labor regulations, but these adjustments have been to roll back the more onerous regulations implemented during the Obama administration.employment law book on desk

The labor friendly Democratic party won back the House of Representatives last fall and are introducing legislation that may not get much past a House vote in the next couple of years but does provide a window into what may become law should the Senate and Executive branch change party majority in 2020.

Below are summary reprints from CCH Daily Alerts announcing the introduction of the major legislation so far this year.

Parental Bereavement Act of 2019 - On February 7, 2019, Representative Brad Schneider (D-IL), along with five cosponsors, introduced the Parental Bereavement Act of 2019, bipartisan legislation that would help families grieving the loss of a child take time off work. The bill was introduced in tandem with the 26th anniversary of the Family and Medical Leave Act, signed into law on February 5, 1993.

Alternatively called the "Sarah Grace-Farley-Kluger Act," H.R. 983 would add "death of a child" as a life event that would qualify for unpaid leave under the FMLA, giving a grieving parent up to 12 weeks to mourn a child’s loss before returning to work.

Protecting America’s Workers Act - On February 7, 2019, House Democrats reintroduced the Protecting America’s Workers Act with the intent of strengthening and modernizing the Occupational Safety and Health Act of 1970 (OSH Act) by giving OSHA what they called "tools to ensure that employers promptly correct hazardous working conditions, protect workers from retaliation when they blow the whistle on unsafe working conditions, and hold employers accountable for violations that cause illness, death or serious injury to workers."

Family and Medical Insurance Leave Act (FAMILY Act) - Representative Rosa DeLauro (D-Conn.) and Sen. Kirsten Gillibrand (D-N.Y.) on February 12, 2019, re-introduced the Family and Medical Insurance Leave Act (FAMILY Act), H.R. 1185, to create a universal, gender-neutral, national paid family and medical leave program.

The FAMILY Act would ensure that workers can take up to 12 weeks of paid leave for a pregnancy, the birth or adoption of a child, recovery from a serious illness, or to care for a seriously ill family member.

 

The FAMILY Act would:

  • Provide up to 12 weeks of partial wages to working people who need to take time away from their jobs to address a serious personal or family health issue, to care for a newborn or newly adopted child, or for circumstances arising from a loved one’s military deployment or serious injury
  • Be self-funded through payroll contributions from employers and employees
  • Split the week total between employers and employees
  • Guarantee portable coverage so that workers who have multiple jobs, change jobs, or are self-employed would be provided the same security as traditional employees
  • Provide 66% wage replacement, capped at $4,000 a month

 
Equality Act 2019 - On March 13, 2019, a bipartisan group of lawmakers introduced the historic, comprehensive, bicameral federal legislation to ban discrimination against LGBTQ Americans.

The Equality Act of 2019 (H.R. 5; S. 788) would ensure full federal nondiscrimination equality by adding sexual orientation and gender identity to other protected classes, such as race or religion, in existing federal laws.

The bill would explicitly ban discrimination in a host of areas, including employment, housing, public accommodations, jury service, access to credit, and federal funding.

Healthy Families Act
- On March 14, 2019, Representative Rosa DeLauro (D-Conn.) and Senator Patty Murray (D-Wash.) reintroduced the Healthy Families Act, a bill that would permit workers to earn paid sick leave to use when they are ill, to care for a sick family member, to obtain preventive care, or to address the impacts of domestic violence, stalking, or sexual assault.

The Healthy Families Act would allow workers at businesses with at least 15 employees to earn up to 56 hours, or seven days, of paid sick leave each year, the bill’s sponsors noted. Purposes for which the leave could be used include:

  • For the employee’s own illness
  • To care for a sick family member
  • To seek preventive medical care
  • To seek assistance related to domestic violence, stalking, or sexual assault

Working Families Flexibility Act - On April 4, 2019, Senator Mike Lee (R-Utah) reintroduced the Working Families Flexibility Act, S. 1043, legislation that he contends would give employees more flexibility on how to use their overtime benefits.

Similar to the last version of the bill, under S. 1043, employees would have the choice of being paid time and one-half for overtime hours as required by the FLSA, or compensatory time off at the same rate. The employee would have to agree to any compensatory time-off arrangement, either through a collective bargaining agreement made on behalf of the employee, or if not represented by union, through a written or otherwise verifiable record of an agreement made before the work is performed, which is "entered into knowingly and voluntarily by such employees and not as a condition of employment."

Paying Hourly Americans Stronger Earnings (PHASE)-in $15 Wage Act - Led by Representative Terri Sewell (D-Ala.), a dozen lawmakers have introduced the Paying Hourly Americans Stronger Earnings (PHASE)-in $15 Wage Act, H.R. 2080, legislation that would calculate a new federal minimum wage floor based on regional costs of living and purchasing power.

The bill would permit the entire country to meet and exceed a $15 minimum wage, but at different times, depending on how quickly an area can absorb the wage increase, according to its sponsors. The legislation would raise the minimum wage in high-cost areas, like New York City, to $15 by 2024, and in low-cost areas, like Tuscaloosa, Alabama, by around 2033.

Under the legislation, federal minimum wages would be updated every three years using the most current economic data, while still letting state and local governments maintain the ability to supersede the federal minimum wage based on local economic conditions.

 

Additional ASE Resources
CCH Daily Alerts - ASE members can receive the CCH Daily Alerts, What's New from CCH, by simply logging into CCH HRAnswersNow from their ASE Member Dashboard and selecting CCH HRAnswersNow in the lower left corner.  Logging into CCH will automatically register you to receive the daily alerts.  The site also contains sample policies, state and federal regulations, job descriptions, and much more.


Source: CCH Daily Alerts Jan – April, 2019

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