In recent weeks, a number of federal legislative measures have been introduced that, if passed, will have significant impacts on federal labor and employment policies.
Paycheck Fairness Act
On Jan. 28, Democrats in the House of Representatives reintroduced the Paycheck Fairness Act. The proposed bill will update the Equal Pay Act of 1963 by, among other things, requiring employers to demonstrate that wage differentials between men and women employees are based on factors other than sex. Other key provisions include prohibiting retaliation against workers who inquire about their employers’ wage practices or disclose their own wages; strengthening penalties for equal pay violations; and prohibiting employers from inquiring about salary history during the hiring process.
Former President Obama signed an executive order in 2014 prohibiting federal government contractors from retaliating against employees who disclose salary information. Likewise, many states and local jurisdictions have recently enacted laws restricting employer inquiry into applicants/employees’ prior salary information (California, Colorado, Connecticut, Hawaii, Illinois, Maine, Massachusetts, New Jersey, New York, Oregon, Vermont and Washington). These laws have required national employers to adjust employment practices and policies. If the Paycheck Fairness Act passes and is signed into law, it will codify different and varying laws throughout the country (and Puerto Rico).
The bill is co-sponsored by every House Democrat, two House Republicans, and every Democrat member of the Senate. Iterations of this bill have been introduced in every Congress since 1997.
PRO Act
On Feb. 4, the Senate Committee on Health, Education, Labor and Pensions (HELP) reintroduced the Protecting the Right to Organize (PRO) Act. The proposed legislation will significantly amend the National Labor Relations Act (NLRA). Some key features of the bill include narrowing the definitions of “independent contractor” and “supervisor,” broadening and clarifying the definition of “employee,” codifying the National Labor Relations Board’s (NLRB) joint employer definition during the Obama administration; implementing “interest arbitration” if initial bargaining fails to generate an agreement; broadening the scope of employer unfair labor practices; narrowing an employer’s rights under the employer-speech provision of NLRA section 8(c); removing restrictions on secondary and recognition picketing; broadening an employer’s obligation to bargain collectively; expanding the remedies available to employees for NLRA violations committed by their employers; prohibiting employers from requiring employees to waive their rights to collective and class action litigation; and creating…
Read More: New Federal Labor & Employment Legislation to Watch