New England Biz Law Update
A Senate panel has approved legislation seeking to address wage discrimination, sick leave, and collective bargaining rights. The Health, Education, Labor, and Pensions (HELP) Committee, chaired by Sen. Bernie Sanders, advanced the following bills:
PRO Act: The Richard L. Trumka Protecting the Right to Organize Act seeks to revise the definition of employee to broaden the scope of individuals covered by fair labor standards. The Act would also enhance certain workforce rules addressing union organizing and collective bargaining. The PRO Act was heavily debated in committee.
According to Sanders’ office, “The PRO Act would make it easier, not harder, for workers to join unions and successfully secure a first union contract. At a time when there has been a significant increase in the desire of workers to join unions, we cannot allow large corporate interests to continue to break the law, and deny their employees the constitutional right to organize.”
Sen. Bill Cassidy (R-La.) represented Republican opposition at the hearing. According to Cassidy, the PRO Act would eliminate secret ballot elections for unionization, the “gold standard” which he said protects workers from intimidation and retaliation. Cassidy said the PRO Act would also eliminate right-to-work statutes in 26 states, “forcing workers against their will to unionize.”
Certain stakeholder groups have spoken out against the bill. The American Trucking Association, for example, has said the bill would “destroy the independent contractor business model and exacerbate the driver shortage.” A statement from the National Association of Manufacturers pointed to other problematic outcomes, including “forced payment of union due (sic) even by non-union-supporting employees.”
A statement from the Teamsters, however, said the bill would strengthen worker rights by “increasing employer penalties for unlawful union-busting and bad-faith bargaining, extending greater employee rights to misclassified independent contractors, legalizing secondary boycotts, weakening ‘right to work’ laws, and streamlining the process for holding union elections.”
The PRO Act passed the committee on a partisan 11-10 vote. President Joe Biden has reportedly expressed support and urged lawmakers to pass the legislation.
The Paycheck Fairness Act: According to a statement from Sanders, the Paycheck Fairness Act “would end the absurdity of women earning substantially less than men for doing the same work.” The measure seeks to close certain loopholes in the law, create more robust remedies for those who have suffered discrimination, prevent employers from retaliating against workers who discuss their wages, and prohibit employers from relying on salary history to set wages.
The Healthy Families Act: Under this bill, workers at a company of at least 15 employees will accrue one hour of paid sick time for every 30 hours worked, up to 56 hours (seven days) per year.
No date has been set for when these bills would receive a full Senate vote.
