Worker Rights

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, issued the following statement after Senate Republicans voted to filibuster legislation to close loopholes that have allowed many employers to avoid responsibility for discriminatory pay based on gender. On average, women currently make 77 cents for every dollar a man makes.

The Associated Press wrote today that the 111th Congress holds a “record of achievement unseen in years.” The report read:

“Not since the explosive years of the civil rights movement and the hard-fought debut of government-supported health care for the elderly and poor have so many big things -- love them or hate them -- been done so quickly.

“Gridlock? It may feel that way. But that's not the story of the 111th Congress -- not the story history will remember.”

The AP specifically referenced many of Chairman Miller’s achievements when listing important legislation Congressional Democrats have passed, including “a giant step toward universal [health care] coverage”, “an economic stimulus package… to avoid a full-blown depression”,  “making college loans more affordable” and “making it easier for women to challenge pay discrimination.”

Chairman Miller pledged in 2008 to keep the Education and Labor Committee focused on rebuilding and strengthening the middle class during the 111th Congress.

WASHINGTON, D.C. – Improved training and oversight is needed for the federal program designed to protect Americans who ‘blow the whistle’ on unsafe working conditions or other illegal activities, the Government Accountability Office (GAO) reported to members of Congress today. Sens. Tom Harkin (D-IA) and Patty Murray (D-WA), and Reps. George Miller (D-CA) and Lynn Woolsey (D-CA), requested the report as part of an effort to ensure that workers have the both the right to raise safety concerns and an effective remedy, which are essential parts of the nation’s workplace safety and health protection system.

The Department of Labor’s Whistleblower Protection Program, administered by the Occupational Safety and Health Administration (OSHA), is responsible for investigating whistleblower complaints under 19 different statutes, including occupational safety and health, civilian and defense nuclear facilities, trucking, pipelines, railroads, consumer product safety, securities, health care and six environmental protection laws.  

Today, a New York Times editorial calls for Congress to act to ensure fair treatment of older workers.  Chairman George Miller has sponsored the Protecting Older Workers Against Discrimination Act to do just that.

"Fifteen months ago, the Supreme Court’s conservative majority mowed past statutory language, Congressional intent and decades of precedent to make it much harder for older workers to prove age discrimination.

"... Fortunately, the court’s mangling of the Age Discrimination in Employment Act of 1967 need not stand. Legislation introduced last fall by Senator Tom Harkin of Iowa and Representative George Miller of California, both Democrats, would reverse the ruling, once again making the standard for proving age discrimination equivalent to the standard for proving discrimination on the basis of race, sex, religion and national origin.

"...So far, the measure has attracted no Republican co-sponsors. But standing in the way of fair treatment of older workers is bad policy and bad politics, especially at a moment of soaring unemployment and rising age discrimination claims." [emphasis added]

The Protecting Older Workers Against Discrimination Act will ensure that all Americans regardless of age will be able to seek justice when they are wronged on the job.  On June 18, 2009, in ‘Gross v. FBL Financial,’ the Supreme Court rewrote our civil rights laws and made it harder for workers facing age discrimination to enforce their rights. Jack Gross worked for an insurance company for 12 years, rising to a management position. In 2003, Gross was demoted with lower pay and claimed that the demotion was because of age discrimination. A jury agreed that the company unlawfully demoted him because of his age. However, the verdict was overturned by an appeals court and in a 5 to 4 U.S. Supreme Court decision written by Justice Clarence Thomas. The decision not only overturned Gross’ jury trial, but also made it much more difficult for workers to hold employers accountable for their illegal actions. 

WASHINGTON, D.C. -- U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, released the following statement in honor of Labor Day and the announcement that the economy created 67,000 private sector jobs in August, the eighth straight month of private sector job growth. 

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, today issued the following statement in response to House Republican Leader John Boehner’s remarks at the City Club of Cleveland.

Yesterday’s New York Times posed important questions to readers:

“Investing is scary these days. Is it safe to go back in the stock market? Is the bond market the place to be? With so much uncertainty, how can investors know where to put their money?"

Choosing between investment options can be a daunting task, especially when considering the 401(k) investments that finance the majority of American workers’ retirements. Chairman Miller introduced legislation earlier this year to require Wall Street to disclose how much money in fees it takes from Americans’ 401(k) plans, as there is currently no law requiring such disclosure. The vast majority of account holders do not know how much Wall Street middle men are taking from their retirement accounts in fees – nearly 1/3 of their total value in some cases.

The New York Times editorial board explained this problem and endorsed Miller’s legislation to protect investors:

“Unfortunately, fee disclosure is still lacking for investments made through 401(k) retirement plans. The Department of Labor, which oversees the plans, is finalizing a rule that will require more disclosure by plan providers, like mutual funds, to employers. It also plans to issue further rules to ensure disclosure to employees.

“Those are moves in the right direction, though investor protections would be even more secure if enacted into law. A bill that would require fees to be clearly disclosed on investors’ statements passed the House recently as part of a larger jobs bill. But as so often happens these days, the provision was stripped in the Senate. Representative George Miller, Democrat of California and sponsor of the measure, has pointed out that it does not mandate how much providers can charge and would cost taxpayers nothing. What it would do is alert both employers and employees to the often substantial amounts that fees siphon from workers’ accounts and, in that way, give them the information they need to shop and bargain for the best deal.

“When lawmakers return from summer break, they should bring the measure up again for a vote, and pass it without further delay.”

If you support Chairman Miller’s work on 401(k) fee disclosure, please feel free to join our Facebook page.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, issued the following statement after today’s announcement that the University of California’s postdoctoral scholars overwhelmingly approved a long-sought after first contract with the university. 

What country did U.S. Trade Representative Ron Kirk file a complaint against for violating labor obligations under the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR)?

1. Guatemala
2. Dominican Republic
3. Colombia
4. Nicaragua

Continue reading for the answer.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, applauded an announcement by U.S. Trade Representative Ron Kirk that the Obama administration will file a complaint against Guatemala for violating labor obligations under the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR). This is the first such case ever filed by the United States.

Most Americans feel all too familiar with the details of the April 20th, 2010 explosion on the Deepwater Horizon drilling rig. The tragedy killed 11 workers, injured 17 others, and caused the worst oil spill in U.S. history.

Still, very few know that there is currently no federal law protecting offshore workers from reprisal for blowing the whistle on health and safety problems in their workplace. This surprising fact makes the New York Times investigation of the Deepwater Horizon tragedy all the more significant. The Times reported:

“A confidential survey of workers on the Deepwater Horizon in the weeks before the oil rig exploded showed that many of them were concerned about safety practices and feared reprisals if they reported mistakes or other problems.”

Many workers felt unsafe working on the Deepwater Horizon, but didn’t report their concerns due to fear of losing their job. The Times article continued:

“Only about half of the workers interviewed said they felt they could report actions leading to a potentially ‘risky’ situation without reprisal.”

During a hearing on this issue, the Education and Labor Committee heard testimony from OSHA, the Coast Guard and MMS.  Not a single one of these agencies could name a federal law that protected offshore workers for blowing the whistle on worker health and safety problems.

This stunning lack of basic protections for offshore workers is precisely what led Chairman Miller to introduce the Offshore Worker Whistleblower Protection Act (H.R. 5749). Workers in inherently dangerous workplaces deserve basic whistleblower protections. Indeed, these protections might have prevented this tragic accident and the ensuing environmental disaster altogether.
 

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, tonight issued the following statement on the House passage of H.R. 4899, the Supplemental Appropriations Act of 2010.

WASHINGTON, D.C. – House Democrats today introduced major reforms responding to serious health and safety concerns raised by workers and their families since Massey Energy’s Upper Big Branch Mine tragedy that killed 29 miners and other recent workplace tragedies. The House Education and Labor Committee also announced that the committee will hold a hearing on the bill on July 13.  

The Miner Safety and Health Act of 2010 (H.R. 5663) would provide stronger tools to ensure that mine operators with troubling safety records improve safety, empower workers to speak up about safety concerns and give the Department of Labor the tools it needs to ensure that all workers go home safely at the end of the day.

If the answer is "twenty-eight percent," what's the question?

Q1: What percentage of Americans will be insured under the new health insurance reform law?
Q2: How much can a one-percentage point difference in 401(k) fees reduce overall retirement income over a lifetime of saving?
Q3: What's the percent of Committee Members up for re-election in 2010?
Q4: How much has age discrimination increased?

Continue reading for the answer.

Yesterday, Chairman Miller and other Members of the Education and Labor Committee traveled to Beckley, West Virginia to hear from family members of those killed in the Upper Big Branch Mine explosion.

Governor Manchin said, "That is why, since the tragedy at Upper Big Branch, my main objectives have been to: determine what occurred, make certain it does not happen again, and determine whether there was intimidation or any other action at Upper Big Branch that put profits ahead of safety."

Gary Quarles testified, "Safety inspections were much different in the union mines I’ve worked at versus the nonunion Massey mines. When an MSHA inspector comes onto a Massey mine property, the code words go out “we’ve got a man on the property.” Those words are radioed from the guard gates and relayed to all working operations in the mine. The mine superintendent and foreman communicate regularly by phone, and there are signals that require the foreman who is underground to answer the phone. That is one way that the message is conveyed that an inspector is on the property. When the word goes out, all effort is made to correct any deficiencies or direct the inspector’s attention away from any deficiencies."

Stanley "Goose" Stewart recalled, "I also know firsthand how bad conditions were at the mine and want everyone to know. In fact, last July, I told my wife, Mindi, “If anything happens to me, get a lawyer and sue the [blankety blank] out of them! That place is a ticking time bomb.” Only I didn’t say “blankety blank” to her because I was so scared – and mad!"

For audio of this testimony and testimony of others, visit our hearing page, The Upper Big Branch Mine Tragedy: Testimony of Family Members.

Below the fold is the NBC story on the hearing.

WASHINGTON, DC – The U.S. House of Representatives today granted the Education and Labor Committee the authority to compel witnesses to give depositions as part of the committee’s oversight into mine health and safety. 

WASHINGTON, D.C. – Congress should pass legislation to overturn a U.S. Supreme Court decision that has made it more difficult for older Americans alleging employment discrimination to get their day in court, witnesses told the Health, Employment, Labor, and Pensions Subcommittee today.

The Health, Employment, Labor, and Pensions Subcommittee of the House Committee on Education and Labor held a hearing Wednesday to examine H.R. 3721, the Protecting Older Workers Against Discrimination Act. The legislation would restore civil rights protections for older workers stripped away by the U.S. Supreme Court’s 2009 decision, Gross v. FBL Financial. In Gross, the Supreme Court overturned well-established precedent – making it harder for older workers facing age discrimination to enforce their rights.

H.R. 3721 corrects the unnecessary lawmaking of the Supreme Court.  H.R. 3721 overturns Gross and restores the law to what it was prior to the decision, by allowing older workers to prove age discrimination by showing that age was a motivating factor in the decisions made by their employer, but not necessarily the sole factor.

Protections against age discrimination are especially important to workers who may be facing layoffs in an uncertain economic climate. The court’s ruling specifically means that victims of age discrimination face a higher legal burden of proof than those alleging race, sex, national origin or religious discrimination.

Ensuring Fair Treatment in the Workplace

On June 18, 2009, in ‘Gross v. FBL Financial,’ the Supreme Court rewrote our civil rights laws and made it harder for workers facing age discrimination to enforce their rights. Jack Gross worked for an insurance company for 12 years, rising to a management position. In 2003, Gross was demoted with lower pay and claimed that the demotion was because of age discrimination. A jury agreed that the company unlawfully demoted him because of his age. However, the verdict was overturned by an appeals court and in a 5 to 4 U.S. Supreme Court decision written by Justice Clarence Thomas. The decision not only overturned Gross’ jury trial, but also made it much more difficult for workers to hold employers accountable for their illegal actions.  

• The Protecting Older Workers Against Discrimination Act will ensure that all Americans regardless of age will be able to seek justice when they are wronged on the job.  The bill will overturn the Supreme Court’s decision and ensure that workers with a legitimate claim will have their day in court. It would make the standard for proving age discrimination the same as those alleging race, national origin or religious discrimination.

• The conservative Supreme Court once again tipped the balance of justice in favor of the corporations and the powerful and against ordinary Americans. The court changed longstanding law that will make older workers have a much higher burden of proof than those alleging race, national origin or religious discrimination.

• It will be much more difficult to hold employers accountable for their illegal activity. Victims of age discrimination will now have to read their boss’ mind and prove that their boss would not have made the same decision absent consideration of age.   

• Prior law was fair and worked. Workplace discrimination laws exist to ensure that all people, of all ages and backgrounds, who work hard and play by the rules have the means to seek justice when they are treated unfairly on the job.

• These protections are especially important for our older workers, who are facing an uphill battle holding onto jobs in this economy. According to the EEOC, discrimination based on age has increased by 30 percent in 2008 alone.

• Once a job is lost, it’s often much more difficult for older workers to land a new job that may require different skills sets, pay cuts, or new educational degrees. Only 61 percent of workers age 55-64 who lost their jobs in 2005-07 had been re-employed as of January 2008, compared to 75 percent of those 25 to 54.

The Health, Employment, Labor, and Pensions Subcommittee of the House Committee on Education and Labor will hold a hearing Wednesday to examine H.R. 3721, the Protecting Older Workers Against Discrimination Act. The legislation would restore civil rights protections for older workers stripped away by the U.S. Supreme Court’s 2009 decision, Gross v. FBL Financial. In Gross, the Supreme Court overturned well-established precedent – making it harder for older workers facing age discrimination to enforce their rights.

Protections against age discrimination are especially important to workers who may be facing layoffs in an uncertain economic climate. The court’s ruling specifically means that victims of age discrimination face a higher legal burden of proof than those alleging race, sex, national origin or religious discrimination.

WHAT:              
Hearing on “H.R. 3721, the Protecting Older Workers Against Discrimination Act”    

WHO:                
Gail E. Aldrich, Member, AARP Board of Directors
Eric Dreiband, Partner, Jones Day Law Firm, Former General Counsel of the U.S. Equal Employment Opportunity Commission
Michael Foreman, Clinical Professor and Director of the Civil Rights Appellate Clinic, Penn State University, Dickinson School of Law, University Park, PA   
Jack Gross, Plaintiff in Gross v. FBL Financial Services, Des Moines, IA

WHEN:              
Wednesday, May 5, 2010
10:30 a.m. ET
Please check the Committee schedule for potential updates »

WHERE:           
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Note: This hearing will be webcast live from the Education and Labor Committee website. 

The U.S. House Education and Labor Committee will hold a field hearing in Berkeley, Calif. exploring the challenges in first contract labor negotiations by examining the difficulty of reaching a first contract agreement in negotiations between the University of California and its post-doctoral scholars’ union.

In November 2008, after three years of organizing, the California Public Employment Relations Board certified the post-doctorial scholars union at the University of California. Despite this, the University of California system and the post-doctoral scholars, represented by the UAW, have been unable to reach a first contract.

WASHINGTON, D.C. – In light of a fourth fatal mine tragedy this month, U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, today called on the nation’s coal mine operators to redouble efforts to ensure that miner safety is a top priority. In a letter to the nation’s two leading coal mine operator associations, Miller and Woolsey asked mine owners to partner with their workers in indentifying and fixing safety problems without fear of retribution.

WASHINGTON, D.C. – Legislation is needed to modernize federal laws that protect workers who blow the whistle on unsafe working conditions and ensure victims of workplace accidents have a voice an investigation, witnesses told the Workforce Protections Subcommittee of the House Education and Labor Committee today.  

The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing Wednesday on a proposal to strengthen protections for workers who blow the whistle on dangerous workplace conditions, and guarantee a voice for families of workers killed, and those who are seriously injured, or become ill on the job.

Among other provisions, the Protecting America’s Workers Act (H.R. 2067) and proposed changes to legislation, would update workplace whistleblower protections by mirroring other modern whistleblower statutes, such as the Consumer Product Safety Improvement Act. The bill would also ensure that victims and their families are kept informed about investigations of fatalities and incidents involving serious injuries or illnesses.

WASHINGTON, D.C. – Employers should be incentivized to help employees achieve a healthy work-life balance amid Americans’ changing responsibilities at home and in the work place, witnesses told the House Workforce Protections Subcommittee today.

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), the chair of the House Education and Labor Committee, issued the following statement on Equal Pay Day, which falls today. 

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chair of the House Education and Labor Committee, issued the following statement on President Barack Obama’s recess appointments of Craig Becker and Mark Pearce to the National Labor Relations Board. The five-member board currently has only two members, with one member’s term set to expire in August. 

WASHINGTON, D.C. -- U.S. Reps. Lynn Woolsey (D-CA) and George Miller (D-CA), today introduced legislation to recognize workplaces that provide employees the ability to achieve work-life balance. Woolsey also announced that the Workforce Protections Subcommittee will hold a hearing Tuesday, March 23 on the legislation.  

On Wednesday, March 10, the Health, Employment, Labor, and Pensions Subcommittee of the House Education and Labor Committee will hold a hearing to examine legislation that would extend the right to bargain collectively for better working conditions, wages, or benefits to public safety officers such as firefighters, law enforcement officers, and emergency medical services personnel. Only 25 states fully protect the right of state and local public safety employees to collectively bargain.

The Public Safety Employer-Employee Cooperation Act of 2009 would provide basic labor protections for state and local public safety workers. Identical legislation passed the House of Representatives in 2007 on a bipartisan vote of 314 to 97.

On Wednesday, March 10, the Health, Employment, Labor, and Pensions Subcommittee of the House Education and Labor Committee will hold a hearing to examine legislation that would extend the right to bargain collectively for better working conditions, wages, or benefits to public safety officers such as firefighters, law enforcement officers, and emergency medical services personnel. Only 25 states fully protect the right of state and local public safety employees to collectively bargain.

The Public Safety Employer-Employee Cooperation Act of 2009 would provide basic labor protections for state and local public safety workers. Identical legislation passed the House of Representatives in 2007 on a bipartisan vote of 314 to 97.

WHAT:         
HELP Subcommittee Hearing on “H.R. 413, Public Safety Employer-Employee Cooperation Act of 2009”

WHO:            
Chuck Canterbury, national president, Fraternal Order of Police
Ellis Hankins, executive director, North Carolina League of Municipalities, Raleigh, N.C.
Mayor David S. Smith, Lancaster, Ohio
Doug Stafford, vice president, National Right to Work Committee, Arlington, Virginia
Douglas L. Steele, partner, Woodley & McGillivary, Washington, D.C.
Jim Tate, firefighter and president, Fort Worth Professional Firefighters, Fort Worth, Texas
Marshall Thielen, police officer and president of the Fairfax Coalition of Police and Vice President of Region 10, International Union of Police Associations, Fairfax, Virginia
                                                                                                         
WHEN:         
Wednesday, March 10, 2010
10:30 a.m. ET
Please check the Committee schedule for potential updates »

WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Note: This hearing will be webcast live from the Education and Labor Committee website.

WASHINGTON, D.C. – Secretary of Labor Hilda Solis told the House Education and Labor Committee today that the U.S. Department of Labor is both helping the economy recover and improving American workers’ lives by strengthening basic workplace protections, and training workers for new and better jobs.

"Congress was willing to make this affirmation of a fundamental and basic statement, 'You don't get to discriminate against people in their pay, in their work based upon these arbitrary standards of gender or race or ethnicity.'" - Chairman George Miller

One year ago today, the Lilly Ledbetter Fair Pay Act became the first major act of Congress signed into law by President Barack Obama. Recently Lilly Ledbetter and Congressman George Miller sat down to to discuss Ledbetter’s courageous story and what the Act means for working Americans across the country.



The Act clarified that every paycheck or other compensation resulting from an earlier discriminatory pay decision constitutes a violation of the Civil Rights Act and applies to workers who file claims of discrimination on the basis of race, sex, color, national origin, religion, age, or disability. It reversed a 2007 Supreme Court ruling that made it more difficult for Americans to pursue such claims. For more information, please visit our informational webpage on the Lilly Ledbetter Fair Pay Act.

To commemorate today's anniversary, the Democratic Caucus has a blog post with stats about how many American's lives are better because of this law. Lilly Ledbetter wrote a blog post about her thoughts on this occasion and what a difference a year has made.

January 29, 2010 is the one-year anniversary of the day President Obama signed the Lilly Ledbetter Fair Pay Act into law.  This was the first bill President Obama signed into law.

The Lilly Ledbetter Fair Pay Act reverses a Supreme Court ruling that made it more difficult for Americans to pursue pay discrimination claims.  On May 29, 2007, in its 5-4 Ledbetter v. Goodyear decision, the Supreme Court severely restricted the rights of employees to challenge unlawful pay discrimination.  Under the Ledbetter ruling, if an employee did not file a claim within 180 days of her employer's decision to pay her less, she was barred forever from challenging the discriminatory paychecks that followed.  Under the law before the Supreme Court decision, every discriminatory paycheck was a new violation that restarted the clock for filing a claim.  The Lilly Ledbetter Fair Pay Act restored that rule.

UPDATED: Watch Chairman Miller and Lilly Ledbetter have a conversation - One Year On.


Created with flickrSLiDR.

Read more about the Lilly Ledbetter Fair Pay Act
Watch a compilation video of moments leading up to the Lilly Ledbetter Fair Pay Act becoming law
Watch Lilly Ledbetter's testimony in a Committee hearing
Watch Chairman Miller's statement about the Lilly Ledbetter Fair Pay Act on the House floor
Watch a video of the press conference Chairman Miller held after passage of the Lilly Ledbetter Fair Pay Act

WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, issued the following statement on yesterday’s introduction of the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 by U.S. Rep. Luis Gutierrez (D-IL) and other members of Congress.

“Yesterday’s introduction of comprehensive reform by Rep. Gutierrez represents a positive step forward in the debate to fix our nation’s broken immigration system. I am especially pleased that the bill includes the Indentured Servitude Abolition Act, legislation I introduced that would end widely documented abuses of foreign guest workers and hold unscrupulous labor recruiters responsible for the promises they make. I commend Rep. Gutierrez and other members for introducing this bill on a topic of great importance to our nation.”

For more information on the Indentured Servitude Abolition Act, click here.

WASHINGTON, D.C. -- U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, today issued a statement on an American Rights at Work report that documented cases of interference with U.S. workers’ organizing rights by T-Mobile USA, a subsidiary of the German telecommunications company Deutsche Telekom. The report found that even though T-Mobile’s parent company has a history of cooperation with workers in Germany, the company’s dealings with U.S. workers has been starkly different since entering the U.S. market in 2001.

Washington, DC—Today the House of Representatives passed legislation originally authored by Congressman Tim Bishop (NY-1) to ensure that flight crews are treated fairly and are able to qualify for Family Medical Leave Act (FMLA) benefits. The bill now goes to President Obama for his signature.

 

This markup has been postponed.

On Wednesday, November 18, the House Education and Labor Committee will vote on legislation to end the widespread practice of employment discrimination based on sexual orientation and gender identity.

The Employment Non-Discrimination Act (H.R. 3017), introduced by Reps. Barney Frank (D-MA) and Ileana Ros-Lehtinen (R-FL), would prohibit employment discrimination, preferential treatment, and retaliation on the basis of sexual orientation or gender identity by employers with 15 or more employees. Currently, it is legal to discriminate in the workplace based on sexual orientation in 29 states and to discriminate based on gender identity in 38 states.

For more information on the bill, click here.

The House Education and Labor Committee held a hearing Tuesday, November 17 on how employer paid sick leave policies can help slow the spread of contagious diseases, like the H1N1 flu virus.

At least 50 million American workers currently do not have access to paid sick leave, many in lower-wage industries that have direct contact with the public such as food-service, hospitality industry, schools and health care fields. The Centers for Disease Control estimates that a sick worker will infect one in ten co-workers. As a result, the CDC and other public health officials have advised employers to be flexible when dealing with sick employees and to develop leave policies that will not punish workers for being ill.

On November 3, U.S. Rep. George Miller (D-CA), chairman of the committee, and Rep. Lynn Woolsey (D-CA), chair of the Workforce Protections Subcommittee, introduced the Emergency Influenza Containment Act (H.R. 3991). The temporary legislation will guarantee up to five paid sick days for a worker sent home or directed to stay home by an employer for a contagious illness, such as the H1N1 flu virus.

For more information on the bill, click here.

The Committee has a full schedule this week, including:

November 17: Hearing on how employer paid sick leave policies can help slow the spread of contagious diseases, like the H1N1 flu virus.

November 19: Hearing to review current federal literacy initiatives and explore ways to improve the reading comprehension skills of all children from birth through high school.

Note: The previously-scheduled Committee vote on the Employment Non-Discrimination Act has been postponed.

In response to President Obama's declaration of the H1N1 flu as a national emergency and federal health and labor officials urging sick workers to stay home, Rep. George Miller and Rep. Lynn Woolsey introduced the H1N1 Flu Emergency Sick-Leave Bill. It would provide five paid sick days for a worker sent home or directed to stay home by their employer for a contagious illness, such as the H1N1 flu virus.

Today the Los Angeles Times wrote an excellent article on why this legislation is necessary. As they said, "For many ill with the flu, staying home isn't an option." And they explained it this way:

For now, some feel torn between public health and protecting their jobs. Nationwide, 84% of workers said they felt pressured to come to work sick because of the recession, according to a September poll by Vancouver-based Angus Reid Strategies. The poll also showed that 69% of workers had not been offered vaccines or other precautions from employers.

One in six workers say they or a family member have been fired, suspended, punished or threatened for staying home sick or caring for a sick relative, according to a survey last year by the Washington, D.C.-based Public Welfare Foundation. Many large employers, such as Disney and Wal-Mart, dock workers disciplinary points for staying home even when they are ill.

"We are seeing more and more stories of workers who are infected with the virus but can't afford to stay home because they don't have paid sick leave," Miller said. "This puts both their co-workers and their customers at risk -- and could cost their employers money in lost productivity."

Chairman Miller cited an estimate, based on a 2004 study at Emory University, that the economy loses $180 billion in productivity a year when sick employees show up to work. The H1N1 Flu Emergency Sick-Leave Bill covers both full-time and part-time workers (on a pro-rated basis) in businesses with 15 or more workers. Employers that already provide at least 5 days’ paid sick leave are exempt. Additionally, an employer can end paid sick leave at any time by informing the employee that the employer believes they’re well enough to return to work. Providing security for employees who follow their employer’s direction to stay home because of contagious illness, they could not be fired, disciplined or made subject to retaliation for following directions. This bill would take effect 15 days after being signed into law and sunsets after two years.

According to the article, providing sick leave is not only good for the employee, but also beneficial to the bottom line.

Some employers say paid sick leave saves them money in the long run.

"If they're sick and they're getting other employees sick, that's just going to impact our employees more," said April Boduc, a spokeswoman for San Diego-based Sempra Energy, which gives employees 10 paid sick days a year and allows them to bank unused days and donate vacation days to sick co-workers.

Jack Gross never meant to be the face of civil rights legislation, but that was before he was demoted simply because of his age.

[Mr. Gross] left [Farm Bureau] for a while before coming back and working his way up to claims administration vice president. He was getting regular raises and great job reviews. He was highly valued.

Then one day in 2003, Gross said he and just about every other 50-or-older supervisor or higher-level worker in the claims department - and nobody younger than 50 - was demoted. It was a kick in the gut.

"For years, I couldn't have been more loyal," he said. "I was always proud to say I worked for the Farm Bureau."

He had no idea he'd become the invisible man. "I went from having a great job to, literally, not doing much of anything."

This year, he's been doing mostly clerical work, "taking numbers from one report and posting them onto another."

Mr. Gross sued his employer for age discrimination and won $47,000 in damages. The award was appealed and the Supreme Court ruled 5-4 that Mr. Gross had to show that age had to be the deciding factor, rather than a motivating factor. That is much is harder to prove.

In today's New York Times editorial, Preventing Age Discrimination, the editorial board highlights the efforts by Senator Harkin and Rep. Miller to overturn this ruling by the Supreme Court and to clarify that all workers regardless of age, race, sex, national origin or religion shall not be discriminated against.

Senator Tom Harkin of Iowa and Representative George Miller of California, the Democratic chairmen of two powerful committees, recently introduced bills to reverse the court’s age ruling. They would make the standard for proving age discrimination equivalent to the standard for proving discrimination on the basis of race, sex, religion and national origin.

When older workers lose their jobs, according to the advocacy group AARP, it takes them longer than other workers to get new ones. Age-discrimination complaints have been rising. In 2008, the number of age cases filed with the federal Equal Employment Opportunity Commission was up 29 percent from the year earlier.

Congress made clear four decades ago that it wants to protect older workers from discrimination, but the Supreme Court has tried to interfere with that effort. It is up to Congress to put the teeth back into the law.

Watch Mr. Gross and Chairman Miller at the press conference accompanying the introduction of the Protecting Older Workers Against Discrimination Act.

Learn more about the Protecting Older Workers Against Discrimination Act.

Today, three Chairmen – U.S. Rep. George Miller (D-CA), Chairman of the House Education and Labor Committee, Senator Tom Harkin (D-IA), Chairman of the Health, Education, Labor and Pensions (HELP) Committee, and Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, introduced landmark legislation that restores vital civil rights protections for older workers in the face of the Supreme Court’s decision in Gross v. FBL Financial.

In Gross, the Supreme Court rewrote civil rights laws, overturning well-established precedent and making it harder for workers facing age discrimination to enforce their rights.  The Court ruled that it is no longer enough for a victim of discrimination to prove that age was a motivating factor in an adverse employment decision.  An employee must now prove that it was the decisive factor.  The Court’s holding specifically means that victims of age discrimination face a higher burden than those alleging race, sex, national origin or religious discrimination.  And, the opinion has already had reverberations in a wide range of civil rights cases beyond age discrimination.
 
“The same conservative Supreme Court justices responsible for the backward ruling against Lilly Ledbetter have now thrown another legal barrier in front of hard-working older Americans,” said Rep. Miller.  “Workplace discrimination based on age is just as wrong as discrimination based on any other irrelevant factor -- and it should be treated as such in the court of law. The Protecting Older Workers Against Discrimination Act will ensure that all workers are treated fairly and not subject to decisions based on an employer’s prejudice, especially in this difficult economy.”

Read more about H.R. 3721 - Protecting Older Workers Against Discrimination Act

WASHINGTON, D.C. – Today, three Chairmen – U.S. Rep. George Miller (D-CA), Chairman of the House Education and Labor Committee, Senator Tom Harkin (D-IA), Chairman of the Health, Education, Labor and Pensions (HELP) Committee, and Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, introduced landmark legislation that restores vital civil rights protections for older workers in the face of the Supreme Court’s decision in Gross v. FBL Financial. 

In Gross, the Supreme Court rewrote civil rights laws, overturning well-established precedent and making it harder for workers facing age discrimination to enforce their rights.  The Court ruled that it is no longer enough for a victim of discrimination to prove that age was a motivating factor in an adverse employment decision.  An employee must now prove that it was the decisive factor.  The Court’s holding specifically means that victims of age discrimination face a higher burden than those alleging race, sex, national origin or religious discrimination.  And, the opinion has already had reverberations in a wide range of civil rights cases beyond age discrimination. 

WASHINGTON - Legislation is needed to stop widespread discrimination in the workplace on the basis of sexual orientation and gender identity, witnesses told the House Education and Labor Committee today.

“Fully qualified individuals are being denied employment or are being fired from their jobs for completely non-work-related reasons,” said U.S. Rep. George Miller (D-CA), chairman of the committee. “This is profoundly unfair and un-American.”

On Wednesday, September 23, 2009, U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee, chaired the first full committee hearing in the House of Representatives on legislation to prohibit employers from discriminating against employees on the basis of sexual orientation or gender identity.

The Employment Non-Discrimination Act (H.R. 3017), introduced by Rep. Barney Frank (D-MA), would prohibit employment discrimination, preferential treatment, and retaliation on the basis of sexual orientation or gender identity by employers with 15 or more employees. Currently, it is legal to discriminate in the workplace based on sexual orientation in 29 states and in 38 states based on gender identity.

On September 23, 2009 the House Education and Labor Committee held the first full committee hearing in the House of Representatives on legislation to prohibit employers from discriminating against employees on the basis of sexual orientation or gender identity.

The Employment Non-Discrimination Act (H.R. 3017), introduced by Rep. Barney Frank (D-MA), would prohibit employment discrimination, preferential treatment, and retaliation on the basis of sexual orientation or gender identity by employers with 15 or more employees. Currently, it is legal to discriminate in the workplace based on sexual orientation in 29 states and in 38 states based on gender identity.

See the hearing page for a complete list of witnesses, testimony, statements, photos and videos.

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.

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.

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.

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.

(This is a guest blog post by Rep. Marcia Fudge, Education and Labor Committee Member.)

On this Equal Pay Day 2009, we must commit to achieving equal pay for all Americans.  Today, April 28, marks the point in 2009 when the average woman's wages will finally catch up with the wages paid to the average man in 2008.

In 1963, President John F. Kennedy signed the Equal Pay Act into law. Progress has been slow during the forty-six years since passage of the Act.  After four decades, Americans continue to be unfairly compensated for the work they perform every day of their lives.

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.

The House Education and Labor Committee will hold a hearing on whether our nation’s health and safety laws ensure that employers who fail to protect their workers are adequately penalized and deterred from committing future violations.

Congress passed the Occupational Safety and Health Act in 1970 with the goal of assuring safe and healthful working conditions to all American workers. Nearly 40 years later, while workplace health and safety has improved, many workers remain at risk of death, injury or illness while on the job.

Earlier this morning, Matt Lauer, co-host of the Today Show, interviewed Mike Duke, the new CEO of Wal-Mart, and they talked about the Employee Free Choice Act. Unfortunately, Mr. Lauer led his question with a mischaracterization of the Employee Free Choice Act.

Watch the video and read the transcript.

Matt Lauer: With 1.4 million associate employees that earn an average wage of $10.83 an hour, Wal-Mart now faces a threat to its corporate model. There's proposed legislation on Capitol Hill that would make it easier for unions to organize employees, the Employee Free Choice Act, doing away with secret ballots. Unions say it will make it easier for American workers to earn a fair salary. Others, like the guy who runs Home Depot, the co-founder, says it's going to cripple American business. What's the truth?
 
Mike Duke: Well, of course, we are opposed to that. We have a unique relationship with our associates. Of all of our managers across America, 3 out of 4 started with the company as an hourly associate. 95% of our associates across America have health care insurance in some fashion. It's really one of those bills that would be damaging to the American economy long-term.

Mr. Lauer is incorrect to say that the Employee Free Choice Act would get get rid of the secret ballot for workers. Contrary to misleading statements being pushed by opponents of the bill, the Employee Free Choice Act does not eliminate the secret ballot election process. That process, also known as a National Labor Relations Board election would still be available under the Employee Free Choice Act. The bill simply enables workers to also form a union through majority sign-up if a majority prefers that method to the NLRB election process. Under current law, workers may only use the majority sign-up process if their employer agrees. The Employee Free Choice Act allows workers, not corporate executives, to make that decision.

Asking the CEO of Wal-Mart about the Employee Free Choice Act is like asking the fox about the hen house. To read Human Rights Watch's 2007 report on "Wal-Mart's Violation of US Workers’ Right to Freedom of Association" please click here. (pdf)

In today's Pittsburgh Post-Gazette, they highlight the trouble with the current process for forming a union.

If the story of the janitors and groundskeepers at the Carnegie Science Center weren't true, it would seem as if the advocates of the Employee Free Choice Act were making it up.

Those 10 people work for the same employer as the 50 people who clean the Carnegie Museums of Art and Natural History and the Carnegie Libraries. Yet, because of a quirk of history dating to a time when the individual museums were run as if they were separate organizations, the janitorial staffs at the museums and libraries are unionized. The cleaners at the Science Center are not….

The pay is $7.85 an hour. He is without medical insurance and is not granted days off with pay for sick time or vacation….

The janitors at the Oakland museums and the Carnegie Libraries of Pittsburgh make $10 to $14 an hour and are awarded full benefits, including health insurance, vacation time and sick days, according to Gabe Morgan from the union that represents them.

The Employee Free Choice Act would help those 10 workers get the same wages and benefits as the other 50 janitors within the same organization.

Learn more about the Employee Free Choice Act and how it will benefit workers.

Here is another story worth reading. It highlights how workers in Indiana would be helped by the Employee Free Choice Act.

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.”

The Akron Beacon Journal had an op-ed from Larry Thompson, owner of Thompson Electric, about how the Employee Free Choice Act is good for business and good for workers.

Thompson Electric is proof that unions are good for workers and good for business. Our positive, long-term partnership with the International Brotherhood of Electrical Workers is one of the main reasons that I, as an entrepreneur and business owner, support passage of the Employee Free Choice Act. More workers across the United States should be given a free and fair chance to form a union, just like our employees.

Our union workers receive the most cutting-edge job training available, and it pays off through lower injury rates, increased productivity and a strengthened ability to serve the people of Ohio. The union difference is not only impressive, but a valuable commodity in our line of work.

Mr. Thompson makes a fine argument that businesses and communities benefit with higher paid and higher skilled workers and, thus, the Employee Free Choice Act is needed to reform current law. We encourage you to read the entire op-ed.

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.
 

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.    

WASHINGTON, DC – Majority Leader Steny H. Hoyer (Md.) issued the following statement today after the Employee Free Choice Act was introduced in the U.S. House and Senate:
 
“Today, Chairman Miller and Senators Kennedy and Harkin introduced legislation to give hard-working Americans the tools they need to secure fair wages and treatment at their jobs.

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.”

About the Employee Free Choice Act »
Strengthening America's Middle Class by Helping Workers Bargain for a Better Life »
Myth vs. Fact »
Worker After Worker Explains Why EFCA Is So Important »
Worker Rights Under Attack »

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. 

Both the U.S. Senate and House will introduce the Employee Free Choice Act today.

About the Employee Free Choice Act »
Strengthening America's Middle Class by Helping Workers Bargain for a Better Life »
Myth vs. Fact »
Worker After Worker Explains Why EFCA Is So Important »
Worker Rights Under Attack »

In today's USA Today, Sandra Block highlights some of the important provisions regarding ensuring continued access to health care for unemployed workers in the American Recovery and Reinvestment Act:

The economic stimulus package signed into law last month seeks to address the high costs by subsidizing COBRA premiums for unemployed workers. Under the federal Consolidated Omnibus Budget Reconciliation Act, or COBRA, laid-off workers can continue their former employer's health coverage for up to 18 months, but only if they pay the entire premium, plus a 2% administrative fee. Average COBRA premiums exceed $400 a month for individuals, and more than $1,000 a month for families.

The stimulus package will subsidize 65% of COBRA premiums for employees who were laid off between Sept. 1 and the end of this year. If you delayed signing up for COBRA coverage when you lost your job, you have 60 days to re-enroll after you receive a notice from your employer.

Read the rest of the article for additional important information about eligibility and COBRA expiry.

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.

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).

(This is a guest blog post by Rep. Phil Hare, a member of the Committee on Education and Labor.)

If one thing was made clear by today’s hearing it is this: violence against workers in Colombia continues to rage at unacceptable levels.

Here in the United States, we will soon consider legislation intended to make the system for joining unions fairer. But I know people on both sides of that debate would shudder to think that in some places in the world exercising your fundamental right to organize could cost you your life. 

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

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.

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.

The House gave final approval to the Lilly Ledbetter Fair Pay Act today by a vote of 250-177. The measure will be the first bill sent to President Obama's desk for his signature.  The Lilly Ledbetter Fair Pay Act will reverse a Supreme Court ruling that has made it more difficult for Americans to pursue pay discrimination claims.  It clarifies 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 Ledbetter v. Goodyear Supreme Court ruling was a painful step backwards for civil rights in this country. Today, the House will correct this injustice, and send President Obama his first bill to sign into law," Chairman George Miller said today.

Watch Chairman Miller's January 9, 2009 statement about the Lilly Ledbetter Fair Pay Act on the House floor:



















Watch Lilly Ledbetter's 2007 testimony before the Committee:

“What happened to me is not only an insult to my dignity, but it had real consequences for my ability to care for my family. Every paycheck I received, I got less than what I was entitled to under the law.

“The Supreme Court said that this didn’t count as illegal discrimination, but it sure feels like discrimination when you are on the receiving end of that smaller paycheck and trying to support your family with less money than the men are getting for doing the same job.

“And according to the Court, if you don’t figure things out right away, the company can treat you like a second-class citizen for the rest of your career. That isn’t right.” -- Lilly Ledbetter.

The Lilly Ledbetter Fair Pay Act is expected to be considered on the House floor today, January 27, for final approval before being sent to President Obama's desk for signature into law.

After the Senate passed the measure on January 22 by a vote of 61-36, Chairman Miller said:

“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.”

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.

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.

On January 9, the House of Representatives passed the Lilly Ledbetter Fair Pay Act by a vote of 247-171, and the Paycheck Fairness Act by a vote of 256-163.

“The Supreme Court’s misguided decision is already having very harmful consequences far beyond Ms. Ledbetter’s case and must not stand.  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.” -- Chairman George Miller



“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.  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.” -- Rep. Rosa DeLauro, sponsor of the Paycheck Fairness Act

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.
 

 

The House is scheduled to vote on the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act today, January 9.

Lilly Ledbetter Fair Pay Act:

On May 29, 2007, in its 5-4 Ledbetter v. Goodyear decision, the Supreme Court severely restricted the rights of employees to challenge unlawful pay discrimination. The Lilly Ledbetter Fair Pay Act restores employee rights to challenge pay discrimination.

The Court’s misguided decision is already having very harmful consequences far beyond Ms. Ledbetter’s case. According to The New York Times, the Ledbetter decision was cited in at least 300 cases in the 19 months after the Supreme Court's ruling. Not only have pay discrimination cases been adversely impacted, but Fair Housing, Title IX, and even the Eighth Amendment also have been affected. More on the Lilly Ledbetter Fair Pay Act »

Paycheck Fairness Act:

The Paycheck Fairness Act would help end the discriminatory practice of paying men and women unequally for performing the same job. The bill, which was introduced by Rep. Rosa DeLauro, will strengthen the Equal Pay Act and close the loopholes that have allowed employers to avoid responsibility for discriminatory pay.

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 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 found that this wage disparity will cost women anywhere from $400,000 to $2 million over a lifetime in lost wages. More on the Paycheck Fairness Act »

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.  

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.

The House of Representatives gave final approval today for legislation to stop discrimination against individuals with disabilities by restoring the original intent of the Americans with Disabilities Act.   By a voice vote, the House passed the ADA Amendments Act (S. 3406) to reverse several U.S. Supreme Court decisions that have undermined the Americans with Disabilities Act. Since the ADA’s enactment nearly two decades ago, courts have dramatically reduced the numbers of workers who are protected from employment discrimination under the law. The bill now goes to President Bush for his signature.

Chairman George Miller sent a letter Friday to Colombia’s President Álvaro Uribe, asking his government to address concerns that Colombia has failed to adequately address the nearly 2,700 murders of labor union leaders in his country. President Uribe will meet with Miller and other members of Congress this week in Washington.

The House passed the Paycheck Fairness Act today, by a vote of 247-178.  This bill will help end the discriminatory practice of paying a woman less than a man for performing the same job by strengthening the landmark Equal Pay Act and closing the loopholes that have allowed some employers to avoid responsibility for discriminatory pay.

On Wednesday, July 30, the Health, Employment, Labor, and Pensions Subcommittee will hold a hearing on the proposed merger of Delta and Northwest Airlines and the merger’s potential impact on workers of those airlines.

"The Proposed Delta/Northwest Airlines Merger: The Impact on Workers”
Wednesday, July 30, 2008, 10:30 a.m. EDT

The Committee passed the Paycheck Fairness Act today to help end the discriminatory practice of paying men and women unequally for performing the same job, by a 26 to 17 vote.  The bill, which was introduced by Rep. Rosa DeLauro, will strengthen the Equal Pay Act and close the loopholes that have allowed employers to avoid responsibility for discriminatory pay.  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 77 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.

On Thursday, July 24, the Committee will vote on legislation to help end the discriminatory practice of paying men and women differently for performing the same job.  The Paycheck Fairness Act (H.R. 1338), introduced by Rep. Rosa DeLauro (D-CT), will strengthen the Equal Pay Act and close the loopholes that have allowed employers to avoid responsibility of discriminatory pay.  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 problem for women in the U.S. workforce. According to the U.S. Census Bureau, women only make 77 cents for every dollar earned by a man. The Institute of Women’s Policy Research found that this wage disparity will cost women anywhere from $400,000 to $2 million over a lifetime in lost wages.

Markup on "H.R. 1338, Paycheck Fairness Act"
Thursday, July 24, 2008, 1:00 p.m. EDT
 

The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on Immigration and Custom Enforcement workplace raids and the effects of the raids on local communities, including the impact on children, most of whom are American citizens. Witnesses explored how immigration enforcement could be improved in order to protect children.

The Workforce Protections Subcommittee of the House Education and Labor Committee held a hearing on the federal Occupational Safety and Health Administration’s lack of adequate enforcement and oversight of workplace safety and health conditions within large, multiple-facility corporations.

Witnesses explored events at the Cintas Corporation, the largest uniform supplier in North America. In 2007, a worker died at the company’s Tulsa facility despite previous evidence, known to both OSHA and Cintas, of similar hazards at other Cintas facilities and industrial laundries. The death resulted in the largest service sector fine in OSHA’s history and was followed by additional citations of similar problems at other Cintas facilities.