Recently in Wages and Benefits
These systems have undergone numerous changes in the past decade as many states have begun strictly limiting workers’ compensation benefits – changes that may be stressing the Social Security Disability Insurance (SSDI) program. Additionally, the American Medical Association’s (AMA) guide to assessing injured workers has undergone significant changes in its latest edition, which has made consequential changes to injured workers’ evaluation procedure.
Witnesses:
- Emily Spieler » Dean Northeastern University School of Law Boston, MA
- John Burton » Professor Emeritus, School of Management and Labor Relations, Rutgers University Professor Emeritus, School of Industrial and Labor Relations, Cornell University Princeton, NJ
- Christopher Godfrey » Iowa Workers Compensation Commissioner Des Moines, IA
- Dr. John Nimlos » Occupational Medicine Consultant Shoreline, WA
- W. Frederick Uehlein » Founder and Chairman Insurance Recovery Group Osterville, MA
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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.
Witnesses:
- Gail E. Aldrich » Member AARP Board of Directors
-
Eric Dreiband »
Former General Counsel of the U.S. Equal Employment Opportunity Commission
Partner
Jones Day Law Firm -
Michael Foreman »
Clinical Professor and Director of the Civil Rights Appellate Clinic
Dickinson School of Law
Penn State University University Park, PA - Jack Gross » Plaintiff in Gross v. FBL Financial Services Des Moines, IA
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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.
Witnesses:
- Honorable John Burton » Former Member of the United States Congress and former President Pro Tempore of the California State Senate
- Dwaine Duckett » Vice President for Human Resources University of California
- Dr. John-Paul Ferguson » Assistant Professor Stanford University Graduate School of Business
- Bradley W. Kampas » Attorney Jackson Lewis LLP San Francisco CA
- Mr. Mike Miller » International Representative United Auto Workers
- Dr. Ludmila Tyler » Postdoctoral Researcher Plant and Microbial Biology Department University of California at Berkeley
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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.
Witnesses:
- Jordan Barab » Deputy Assistant Secretary of Labor for Occupational Safety and Health Washington, D.C.
- Lloyd B. Chinn » Partner Proskauer Rose LLP New York, New York
- Tonya Ford » Niece of Robert Fitch, a worker killed at an Archer Daniels Midland plant Lincoln, Nebraska
- Neal Jorgensen » whistleblower formerly employed at Plastic Industries Preston, Idaho
-
Dr. Celeste Monforton »
Assistant Research Professor
Department of Environmental and Occupational Health The George Washington University Washington, D.C. - Dennis J. Morikawa » Morgan, Lewis & Bockius LLP Philadelphia, Pennsylvania
- Lynn Rhinehart » General Counsel AFL-CIO Washington, D.C.
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A bipartisan advisory board representing both private and public employees, labor and family advocates will develop the award’s criteria. The board will be appointed by the Secretary of Labor based on recommendations by Congressional leaders. Any employer, public or private, of any size may apply for the award. More information on H.R. 4855.
Witnesses:
- Carol Evans » President Working Mother Media New York, N.Y.
- China Miner Gorman » Chief Global Member Engagement Officer Society for Human Resource Management Alexandria, VA
- The Honorable Victoria Lipnic » Washington, D.C.
- Portia Wu » Vice-President National Partnership for Women Washington, D.C.
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A bipartisan advisory board representing both private and public employees, labor and family advocates will develop the award’s criteria. The Board will be appointed by the Secretary of Labor based on recommendations by Congressional leaders. Any employer, public or private, of any size may apply for the award.
Witnesses:
- Carol Evans President Working Mother Media New York, N.Y.
- Victoria Lipnic Counsel Seyfarth Shaw, LLP Washington, D.C.
- China Miner Gorman Chief Global Member Engagement Officer Society for Human Resource Management Alexandria, VA
- Portia Wu Vice-President National Partnership for Women Washington, D.C.
A bipartisan advisory board – selected by the Secretary of Labor based on recommendations by congressional leaders of both parties that represent both private and public employers, labor, and family advocates – will develop the award’s criteria. No more than four members of the advisory committee may belong to the same political party.
Any employer, public or private, of any size may apply for the award. The Department of Labor will publish the list of awardees on its website.
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.
Witnesses:
- Dr. Georges Benjamin » Executive Director American Public Health Association
- A. Bruce Clarke » President and CEO Capital Associated Industries
- Debra Ness » President National Partnership for Women and Families
- Dr. Anne Schuchat » Assistant Surgeon General of the United States, and the Director of National Center for Immunization and Respiratory Diseases Centers for Disease Control and Prevention
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While the recession has disproportionately impacted young adults, the employment rate among 16 to 24 year-olds has steadily declined by nearly 20 percent over the past decade to its lowest level since World War II. The consequences of reduced work opportunities among young Americans results in fewer long-term employment prospects, less earnings and a decrease in productivity.
Witnesses:
- Jane Oates » Assistant Secretary of Labor for Employment and Training Administration U.S. Department of Labor
- Algernon Austin » Director of the race, ethnicity, and the economy program Economic Policy Institute
- Matthew Segal » Founder & Co-Chair 80 Million Strong
- Dorothy Stoneman » President and founder YouthBuild USA
- D. Mark Wilson » Principal Applied Economic Strategies, LLC
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The FIRST Act, H.R. 2339, provides grants to the states to implement and improve their paid family leave programs. Healthy Families Act, H.R. 2460, mandates that businesses with 15 or more employees provide up to 7 days of paid sick days to their employees.
Witnesses:
- U.S. Representative Rosa DeLauro (D-CT) »
- U.S. Representative Alan Grayson (D-FL) »
- Rajiv Bhatia » Director Occupational and Environmental Health Department of Public Health San Francisco, CA
- China Miner Gorman » Chief Operating Officer Society for Human Resource Managers Alexandria, VA
- Deborah Frett » CEO BPW Foundation Washington, DC
- Hon. Victoria A. Lipnic, Esq. » U.S. Chamber of Commerce
- Debra Ness » President National Partnership for Women Washington, DC
- Sandra Poole » Deputy Director California Employment Development Department Disability Insurance Branch
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The House Education and Labor Committee will hold a hearing to examine the findings of the Government Accountability Office’s undercover investigation into the Labor Department’s ability to enforce and investigate violations of our nation’s minimum wage, overtime and child labor laws.
The committee held a hearing last July that identified failures by the Bush administration to properly protect workers from the problem of “wage theft” by adopting weak enforcement strategies and reducing funding and staffing levels of the Wage and Hour Division. This agency is responsible for investigating complaints of wage, hour, and child labor violations. For more information on July’s hearing, click here.
Witnesses:
- Greg Kutz » Managing Director of Forensic Audits and Special Investigations U.S. Government Accountability Office
Witnesses:
- Eileen Appelbaum » Director of the Center for Women and Work Rutgers University
- Michelle Bernard » President and CEO Independent Women’s Forum
- Heather Boushey » Senior Economist Center for American Progress Action Fund
- Rebia Mixon Clay » Home Health Care Worker Chicago
Witnesses:
-
Jared Bernstein »
Director
Living Standards Program
Economic Policy Institute -
Diana Furchtgott-Roth »
Senior Fellow
Center for Employment Policy
Hudson Institute - Robert Greenstein » Executive Director Center on Budget & Policy Priorities
- Nell Minow » Editor and Co-Founder The Corporate Library
The House Education and Labor Committee held a hearing on Tuesday, July 15 to examine the U.S. Department of Labor's record of enforcing the nation's wage and hour laws. The Government Accountability Office highlighted the results of two separate investigations requested by the chairman of the committee, U.S. Rep. George Miller (D-CA), into the Labor Department’s failures to fully investigate and properly address violations of the law.
Seventy years ago last month, President Franklin Roosevelt signed the landmark Fair Labor Standards Act into law. The law has provided generations of Americans with basic rights to minimum wages, overtime pay, and a ban on oppressive child labor. However, critics say that the Bush administration has failed to protect workers from a growing problem of "wage theft" by adopting weak approaches to enforcement and reducing funding and staffing levels of the Wage and Hour Division, the agency responsible for investigating complaints of wage, hour, and child labor violations.
Witnesses:
- Kim Bobo » Founder and Executive Director Interfaith Worker Justice
- Greg Kutz » Managing Director of Forensic Audits and Special Investigations Government Accountability Office
- Anne-Marie Lasowski » Acting Director of Education, Workforce and Income Security Issues Government Accountability Office
- Alexander Passantino » Acting Administrator, Wage and Hour Division U.S Department of Labor
Witnesses:
- Donna Dolan » Chair New York State Paid Family Leave Coalition New York, New York
- Julienne Condos » Director of Program & Development for Rehabilitation St. Charles Hospital Rocky Point, New York
- George Blekas » Outside Field Technician Verizon Manorville, New York
- Barbara Wankoff » Director of Workplace Solutions KPMG Montvale, New Jersey
Witnesses:
- The Honorable Leon R. Sequeira » Assistant Secretary for Policy U.S. Department of Labor Washington, DC
-
William L. Carlson, Ph.D. »
Administrator
Office of Foreign Labor Certification
Employment and Training Administration
U.S. Department of Labor Washington, DC - Bruce Goldstein » Executive Director Farmworker Justice Washington, DC
- Javier Riojas » Attorney/Branch Manager Texas RioGrande Legal Aid Eagle Pass, Texas
- John Young » Past Executive Director New England Apple Council Goffstown, New Hampshire
-
Dr. Andrew Sum »
Director/Professor
Center for Labor Market Studies
Northeastern University Boston, Massachusetts - Bill Beardall » Director Equal Justice Center Austin, Texas
Witnesses:
- The Honorable Victoria Lipnic » Assistant Secretary for Employment Standards U.S. Department of Labor Washington, D.C.
-
The Honorable Pat Schroeder »
Former U.S. Representative (D-CO)
Original sponsor of the Family and Medical Leave Act Washington, DC - Chante Lasco » New Mother Easton, Maryland
- Jennifer Hunt » Airline Attendant Richmond, Virginia
- Brenda Cossette » Testifying on behalf of the Society for Human Resource Management Alexandria, Virginia
- Debra Ness » President National Partnership for Women and Families Washington, DC
Witnesses:
- Nancy Davenport-Ennis » CEO National Patient Advocate Foundation Washington, DC
- John Farrell » Founder J.J. Farrell Associates Cheshire, Connecticut
- Rita Gould » Retired Professor Killingworth, Connecticut
- Donna Horoschak » Vice President of Product Policy America's Health Insurance Plans
- James Stirling » CEO Stirling Benefits Milford, Connecticut
- Robert Tessier » Executive Director Connecticut Coalition of the Taft-Hartley Health Fund Cheshire, Connecticut
Witnesses:
- Bradford P. Campbell » Assistant Secretary of Labor Employee Benefits Security Administration
- David Certner » Director of Federal Affairs AARP
- Jon Chambers » Principal Schultz, Collins, Lawson, Chambers, Inc.
- Lew Minsky » Senior Attorney Florida Power & Light Co.
-
Matthew H. Scanlan »
Managing Director
Americas Institutional Business Barclays Global Investors - Tommy Thomasson » President and CEO Daily Access Corporation
Witnesses:
- Honorable Christopher Dodd » U.S. Senator for the State of Connecticut
- Honorable Hillary Rodham Clinton » U.S. Senator for the State of New York
- Honorable Darrell Issa » U.S. Representative for the 49th District of California
- Sarah Wade » Chapel Hill, North Carolina
-
Jessica Perdew »
Deputy Director
Government Relations National Military Family Association Alexandria, Virginia - Christine Vion-Gillespie » Society of Human Resource Management Cary, North Carolina
- Debra L. Ness » President National Partnership for Women & Families Washington, D.C.
Witnesses:
-
Dr. Evelyn Murphy »
President
WAGE Project, Inc.
Resident Scholar Women’s Research Center
Brandeis University Boston, Massachusetts - Joseph Sellers » Partner Cohen, Milstein, Hausfeld & Toll, PLLC Washington, DC
- Marcia Greenberger » Co-President National Women’s Law Center Washington, DC
- Camille A. Olson » Partner Seyfarth Shaw, LLP Chicago, Illinois
Witnesses:
- Congressman Patrick Kennedy » First District of Rhode Island
- Congressman Jim Ramstad » Third District of Minnesota
-
Rosalynn Carter »
Former First Lady of the United States
Chairwoman Carter Center’s Mental Health Task Force Atlanta, Georgia -
David Wellstone »
Son of Former U.S. Senator Paul Wellstone
Co-Founder
Wellstone Action Saint Paul, Minnesota - Sean Dilweg » Insurance Commissioner State of Wisconsin Madison, Wisconsin
- Amy Smith » Vice President Mental Health Association of Colorado Denver, Colorado
- Steve Melek » Actuary Milliman, Inc. Denver, Colorado
- Neil Trautwein » Employee Benefits Policy Counsel National Retail Federation Washington, DC
- Jon Breyfogle » Executive Principal Groom Law Group Washington, DC
Items Submitted for the Record:
Witnesses:
- Maria McFarland » Principal Specialist on Colombia Human Rights Watch
- Daniel Kovalik, Esq. » Associate General Counsel United Steelworkers
- Edwin Guzman » Former Sergeant National Army, Republic of Colombia
- Francisco Ramirez » President Sintraminercol
- Ambassador Otto J. Reich » President Otto Reich Associates, LLC
Protection and Money: U.S. Companies, Their Employees, and Violence in Colombia »
Subcommittee on Health, Employment, Labor, and Pensions & Subcommittee on Workforce Protections Joint Hearing with the Foreign Affairs Subcommittee on International Organizations, Human Rights and Oversight & Subcommittee on the Western Hemisphere
Thursday, June 28, 2007
Witnesses:
- Congresswoman Rosa DeLauro » Third District of Connecticut
- Congresswoman Judy Biggert » Thirteenth District of Illinois
- Missy Quarberg » Amery, Wisconsin
-
Barbara Wankoff »
Director
Workplace Solutions KPMG Montvale, New Jersey - Melissa Lindsay » Bookkeeper Marlin Steel Wire Products Baltimore, Maryland
- Kristen Rowe Finkbeiner » Co-Founder Moms Rising Kirkland, Washington
Witnesses:
- Lilly Ledbetter » Plaintiff in Ledbetter v. Goodyear Former Goodyear Employee
- Wade Henderson » President and CEO Leadership Conference on Civil Rights
- Prof. Deborah Brake » University of Pittsburgh School of Law
- Neal D. Mollen » On Behalf of the US Chamber of Commerce
Witnesses:
- Congressman Dale Kildee » 5th Congressional District of Michigan
- Kevin O’Connor » Assistant to the General President International Association of Firefighters (IAFF) Washington, D.C.
- Wayne Seybold » Mayor Marion, Indiana
-
Paul Nunziato »
Police Officer
NY/NJ Port Authority
Vice President
Police Benevolent Association (PBA) New York City, New York - Professor William Banks » Syracuse University Syracuse, New York
- R. Theodore Clark, Jr. » Partner Seyfarth Shaw, LLP Chicago, Illinois
- Neil Reichenberg » Executive Director International Public Management Association for Human Resources Arlington, Virginia
Witnesses:
- Congressman John Tierney » Sixth District of Massachusetts
- Congressman Tom Price » Sixth District of Georgia
- Congresswoman Tammy Baldwin » Second District of Wisconsin
-
Mila Kofman, J.D. »
Associate Research Professor
Health Policy Institute
Georgetown University Washington, D.C. -
John Colmers »
Secretary
Department of Health and Mental Hygiene (MDHMH)
State of Maryland Baltimore, Maryland -
Steven Goldman »
Commissioner
Department of Banking and Insurance
State of New Jersey Trenton, New Jersey - John Morrison » Auditor and Commissioner of Insurance and Securities State of Montana
- Amy Moore » Partner Covington & Burling, LLP Washington, DC
-
Kevin Covert »
Vice President and Deputy General
Counsel for Human Resources Honeywell International, Inc.
Witnesses:
- Roger King » Jones Day San Diego, California
- Sarah Fox » AFL-CIO Washington, D.C.
- Lori Gay » Salt Lake City, Utah
- Bill Tambussi, Esquire » Cooper University Hospital Camden, New Jersey
Witnesses:
- The Honorable Rose DeLauro » U.S. Congresswoman Third District of Connecticut
- The Honorable Eleanor Holmes Norton (No Written Testimony Available) U.S. Congresswoman Washington, D.C.
- Catherine Hill » Research Director American Association of University Women Washington, D.C.
- Heaher Boushey » Senior Economist Center for Economic and Policy Research Washington, D.C.
- Dedra Farmer » Plaintiff in the Walmart Sex-Discrimination Class Action Suit Lawrence, Kansas
- Diana Furchtgott-Roth » Director Center for Employment Policy Hudson Institute Washingt, D.C
Witnesses:
-
Joan Alker »
Deputy Executive Director
Center for Children and Families Senior Researcher
Health Policy Institute Georgetown University
Washington, DC - Brian England » Owner British American Auto Repair Columbia, Maryland
- Andrew Webber » President and Chief Executive Officer National Business Coalition on Health Washington, D.C.
- Linda Blumberg, Ph.D » Economist and Principal Research Associate Urban Institute Washington, DC
Witnesses:
- Richard Trumka » Secretary-Treasurer AFL-CIO
- Judy Feder » Dean Georgetown Public Policy Institute Georgetown University
- William T. Archey » President and Chief Executive Officer AeA
- Dr. Lynn A. Karoly » Senior Economist Rand Corporation
Witnesses:
- Jacob Hacker, Ph.D » Professor Yale University
- Eileen Applebaum » Director Center for Women and Work Rutgers University
- Christian Weller » Senior Economist Center for American Progress
- Rosemary Miller » Flight attendant
- Diana Furchtgott-Roth » Director Center for Employment Policy
- Kellie Johnson » President ACE Clearwater Enterprises, Inc.
Witnesses:
- Panel I:
- Congresswoman Louise Slaughter » Sponsor of the Genetic Non-Discrimination Information Act (GINA) 28th Congressional District of New York
- Congresswoman Judy Biggert » Lead co-sponsor of the Genetic Non-Discrimination Information Act 13th Congressional District of Illinois
- Panel II:
- Karen Rothenberg » Dean and Marjorie Cook Professor of Law University of Maryland School of Law Baltimore, MD
- David Escher » Former employee Burlington Northern Santa Fe Railroad Reno, NV
-
Harriet Pearson »
Vice President
Corporate Affairs and Chief Privacy Officer IBM Corporation Washington, DC -
Burton J. Fishman »
Partner
Fortney Scott LLP
Genetic Information Nondiscrimination in Employment (GINE) Coalition