Tuesday, February 16, 2021
On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act of 2021. The PRO Act is supported by key members of the Senate’s leadership, including Majority Leader Chuck Schumer. The PRO Act would be the most significant labor law reform in the United States since the World War II-era Taft-Hartley Act and the 1935 Wagner Act, which created the National Labor Relations Board (“NLRB”) and first granted private sector employees the right to form and join labor organizations (“unions”).
The United States House of Representatives passed an earlier version of the PRO Act in February, 2020, but the Senate declined to take further action at the time. While certain major business interests, such as the U.S. Chamber of Commerce, are opposed, President Biden has voiced his support for the PRO Act. At present, it is uncertain whether the PRO Act will become law and if so, in what form.
Friday, February 12, 2021
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.
Friday, February 5, 2021
Congress Sees Its Shadow. It was Groundhog Day this past week, and it sure feels like we have been living the same day over and over again with the way that the parties in Congress can’t agree on an economic stimulus package. Democrats are moving forward, however, and this week they began advancing their economic package using “budget reconciliation,” a parliamentary process that avoids a filibuster and requires only 51 votes in the U.S. Senate to pass a measure. (Budget reconciliation could nevertheless prove a lengthy ordeal requiring modification of the legislation.) Republicans are still hoping that they can have some input in the process, and 10 Republican senators met with President Joe Biden at the White House this week to discuss a compromise proposal that they had drafted. It appears that there is still a ways to go on this matter.