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.

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.

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.

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.

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.

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.

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.

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.