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WASHINGTON, D.C. – On Wednesday, November 17, the Workforce Protections Subcommittee of the House Education and Labor Committee will examine state workers’ compensations systems. Workers’ compensation traditionally provides financial assistance and job training to workers injured on the job and aid to the surviving family of a worker killed on the job.

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.

WHAT:         
Hearing on “Developments in State Workers’ Compensation Systems”

WHO:            
Emily Spieler, dean, Northeastern University School of Law, Boston, Mass.
John Burton, professor emeritus, School of Management and Labor Relations, Rutgers University; professor emeritus, School of Industrial and Labor Relations, Cornell University, Princeton, N.J.
Christopher Godfrey, Iowa Workers Compensation Commissioner, Des Moines, Iowa
Dr. John Nimlos, occupational medicine consultant, Shoreline, Wash.
Additional Witnesses TBA

WHEN (UPDATED, 11/16):        
Wednesday, November 17, 2010
8:45 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 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.

401 (k) Fees Get Some Clarity: News of the Day

The Associated Press reported important news for workers today, “Quarterly 401(k) statements are going to start offering more guidance about exactly where your money is going.” Yesterday, the Department of Labor unveiled a rule that will require 401 (k) accounts to disclose all fees taken from the account’s value – in plain language.

In response to the new Department of Labor rule, Chairman Miller stated:

“I am pleased that the Department of Labor has taken another step to expose hidden fees contained in America’s 401(k) plans.  While families are making difficult choices to put something away for their retirement, it is essential that they know how fees may be eating away at their savings and potentially delaying their retirement plans.”

Chairman Miller has fought for 401 (k) fee disclosure for years. Miller authored the 401(k) Fair Disclosure and Pension Security Act in 2009, and pushed for fee disclosure provisions to be included in similar Senate legislation.

USA Today underscored the importance of the new rule:

“Until now, even if workers were given abundant retirement plan investment information they did not always receive it in a user-friendly format. The new rule for 401(k)-type retirement plans will provide workers with tools to easily match up one investment option with another.”
In January of 2007, Chairman Miller celebrated House passage of the Fair Minimum Wage Act, legislation he authored that was signed into law over three years ago. The law increased the federal minimum wage from $5.15 per hour to $7.25 per hour in three equal steps and has benefited millions of our nation’s most vulnerable workers during the economic downturn.

After the final minimum wage adjustment in the Fair Minimum Wage Act increased hourly wages from $6.55 per hour to $7.25 per hour in July 2009, the non-partisan Economic Policy Institute wrote that the increase was expected to significantly boost consumer spending across the country.

Today, Chairman Miller is standing up for the minimum wage as some Republican congressional candidates threaten the law. The Huffington Post reported:

“Rep. George Miller (D-Cali.), who led the effort in Congress to raise the minimum wage in 2007, is taking issue with Republican candidates' recent statements that the federal policy should be rolled back and hasn't helped improve the economic position of the country.

“‘Well, it [their statements] sort of shows two things," Miller told The Huffington Post on Tuesday. ‘One, how clearly they're captive of the billionaire boys club, and two, how disconnected they are from working people in this country, who are trying to get [ahead for] for their families.’

“Alaska Senate candidate Joe Miller attracted national attention on Monday for saying that the federal minimum wage should be abolished. ‘That is not within the scope of the powers that are given to the federal government,’ he told ABC News. Late last week, Connecticut Senate candidate Linda McMahon was quoted as saying, in vague terms, that she'd be open to the idea of adjusting the federal minimum wage laws. West Virginia Senate candidate John Raese, who has long advocated that it be abolished, also said the federal law ‘hasn't worked’.”

Miller continued:

"When a national debate is over giving tax cuts to millionaires and billionaires, and these people think that it's people working at the minimum wage that's holding people back, it's an outrage." 
The House is expected to vote on the Work-Life Balance Award Act on Tuesday, June 15.  This measure would establish an annual Work-Life Balance Award at the Department of Labor to be given out annually by the Secretary of Labor to employers with exemplary work-life workforce policies.

On Wednesday, June 16, Chairman Miller will urge the Senate to put the 401(k) fee disclosure provision back into H.R. 4213 by delivering pies to each Finance Committee Senator with a slice missing representing the fees Wall Street takes from accountholders.

The 401(k) fee disclosure provisions were part of the American Jobs and Closing Tax Loopholes Act (H.R. 4213), important legislation that the House of Representatives approved and sent to the Senate on May 28. Last week, Sen. Max Baucus introduced proposed changes to the legislation that included the elimination of the requirement that 401(k)-type plans disclose all fees that participants pay.

On Thursday, June 17, 2010, the Committee will hold a hearing to examine recent reports from the Inspector General of the U.S. Department of Education looking at how higher education accrediting agencies review institutions’ policies on credit hours and program length.

Subcommittee to Examine Strategies to Support a Healthy Work-Life Balance

The date and witness list for this hearing have been updated after postponement.

Achieving a healthy work-life balance is a real challenge for many American families. On Tuesday, March 23, the Workforce Protections Subcommittee of the House Committee on Education and Labor will examine the Work-Life Balance Award Act of 2010 (H.R. 4855). The legislation, authored by subcommittee chairwoman Rep. Lynn Woolsey and committee chairman Rep. George Miller, recognizes on an annual basis exemplary employers that provide their employees the ability to achieve a work-life balance through the creation of a Work-Life Balance Award within the Department of Labor.

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. For more information on H.R. 4855, click here.

WHAT:        
Hearing on “H.R. 4855, Work-Life Balance Award Act”
               
WHO (updated):           
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
Portia Wu, vice-president, National Partnership for Women, Washington, D.C.
Additional Witnesses TBA                       

WHEN (updated)
        
Thursday, April 22, 2010
10:00 a.m. EST
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. 

Work-Life Balance Award Act of 2010

(Note: Updated on June 15, 2010)

The Work-Life Balance Award Act (H.R. 4855), introduced in March 2010, establishes an annual Work-Life Balance Award at the Department of Labor to be given out annually by the Secretary of Labor to employers with exemplary work-life workforce policies.  These policies are defined as workplace practices “designed to enable employees to achieve a satisfactory work-life balance.”  Any public or private employer of any size is eligible for the award, as long as they are in compliance with federal and state labor and employment laws.

Criteria for the award will be developed by a bipartisan advisory board consisting of representatives from the public, state and local government, industry and industry organizations, not-for-profit employers, labor, and advocates for children and families. 
Awarding Companies with Exemplary Work-Life Balance Policies

  • The Work-Life Balance Award will, for the first time on a nationwide basis, recognize private, state and local government employers of any size for their exemplary work-life balance policies.  Not only will the award set a standard for best practices, it will shine a light on the needs of working families.
  • With the exception of the Family and Medical Leave Act, which provides unpaid leave to qualifying employees, there is no national policy promoting work-life balance.  This Award will advance awareness among employers and the public of the importance of these issues to today’s workers.
  • The family dynamic has changed over the past 40 years; women now make up one-half of the workforce, making balancing work and family a greater challenge than ever before.  Men have also taken on a greater share of family responsibilities, and their need for work-life balance policies is equally urgent.  This award recognizes companies with those policies that have adapted to the needs of the 21st century working families.

Incentivizing Other Companies to Improve their Work-Life Balance Policies

  • The Work-Life Balance Award will incentivize companies to improve their current work-life policies.
  • According to Workplace Flexibility 2010, an initiative at Georgetown Law School, awards like the Work-Life Balance Award reinforce employers' actions by recognizing and rewarding employees for their efforts and also foster healthy competition among employers that will wish to be known as employers of choice. 
  • For example, the Malcolm Baldrige Award established by Congress in 1987, which recognizes performance excellence in organizations in the areas of business, health care, education, and non-profit, has incentivized many businesses to adopt best practices.
  • In addition, Working Mother Magazine’s annual list for the 100 Best Companies has been a highly effective incentive for companies to adopt work-life practices.  According to Carol Evans, the CEO and Founder of Working Mother Media, these awards not only set the standard for best practices but the prestige associated with them is very high.
  • Work-life balance policies improve the employer’s bottom line, by increasing retention rates, decreasing absenteeism, and improving productivity and morale.
  • According to a study conducted by the Families and Work Institute, in 1998, eight out of 10 companies reported that providing work-life balance policies either outweigh costs or have no fiscal impact.

Importance of the Work-Life Balance


  • Working people have a great need for policies that accommodate their work and family lives:
    • More than 2/3 of households have mothers serving as the primary breadwinner or co-breadwinner of the family;
    • Dual-earning couples on average work 63.1 hours a week while 70% of couples work more than 80 hours a week;
    • The recent economic recession has forced more men out of the workforce; as a result, more women are going to work or working more hours in the workplace to help support the family.

Supporters of H.R. 4855:


"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.

Jobs for Main Street Act Introduction

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Chairman Miller: It yields to the concerns that we have echoed in our Caucus every week as Members come back from their local communities.  Yes, we have a few positive indicators — hopefully they will continue — on unemployment, but we hear in the private analyst community and among many people concerned about unemployment in this country — economists and others — that that could be overwhelmed if we do not do something to support local government.  That we could have a wave of unemployment created by the cuts that they may face because of the fact that they are close to $300 billion underwater in their budgets.  

And this bill makes an effort — I think a good effort — in making sure that we can assure the health and safety of our communities and the education of our children.  We’re watching as every year now as we get the reports from across the country — from thousands and thousands of schools districts and hundreds of thousands of schools — the gains that young people in America are making in terms of the proficiency in reading and mathematics and elsewhere.  We cannot afford to lose that because of unemployment in the school districts.  We cannot afford to lose that because of the downturn in the economy.  Most business leaders will tell you that it’s in this kind of atmosphere where you want to make your investment for the future. We need to continue the investments that we have been making in the education of America’s young children by making sure that we do not lose hundreds of thousands of teachers across the American landscape and then children are put in an environment where they cannot continue to make those kinds of gains.

So this legislation on public service jobs addresses the need — as you heard from our leaders — of the health and safety of our community, the education of young people, and also to provide opportunities in this coming summer for young people who have graduated in many cases from school, are looking for jobs and haven’t been able to find them, but to give them that opportunity to receive training and job opportunities.  I think the mix of this legislation, with the emphasis on infrastructure, jobs, and public service jobs is what we need in our states, in our localities, in our economy, at this time.  And looking forward to a good vote in our Caucus on behalf of Jobs for Main Street bill.

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This Week: Hearing on H1N1 and Sick Leave Policies, and Hearing on Literacy Skills

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.

News of the Day: For many ill with the flu, staying home isn't an option

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.

News of the Day: CNN Reports on H1N1 Flu Emergency Sick-Leave Bill



You're sick with H1N1 flu and even sicker over being out of work without pay. At least one U.S. Congressman wants to help with that. He's proposing emergency legislation now to grant swine flu victims five days of paid leave. How's it gonna work? CNN's Lisa Sylvester has details.

Reporter: If you come down with the flu, you are told to stay home until you get better. That's the advice of doctors, the Centers for Disease Control, even many bosses are saying stay away.

The day of being a hero by coming in sick those days are over. The message now needs to be your a hero if you're sick and you stay home so please don't come to work.

Reporter: According to the National Partnership for Women and Families, 57 million American workers have no paid sick leave. Missing work can mean a deep cut in a monthly paycheck or even possibly a pink slip. Congressman George Miller has introduced the H1N1 Flu Emergency Sick-Leave bill. The legislation would grant five days of sick leave a year if an employer directs a sick worker to stay home or go home. It would apply to companies with 15 or more employees that do not already provide that amount of sick leave. Part-time workers would also be eligible on a pro-rated basis. The emergency law would sunset after two years, but businesses would have to foot the bill. Representative Miller says it's in their interest to keep sick workers out of the workplace and away from customers.

We have thousands -- tens of thousands of workers who are working with the public every day in food service, in cafeterias, school lunch programs and airports and hospitality. Those people are generators of additional infections of H1N1 so we got to get them get home, get well, and then go back.

Reporter: According to the Centers for Disease Control, a sick worker can infect 10% of co-workers. Congressman Miller has scheduled a hearing in two weeks on the bill. The legislation will have an impact on some of the workers in the service industry, restaurant and hotel workers who may not currently have a sick leave policy. Now, we did receive a comment from the American Hotel and Lodging Association. They said that while most of their members know it is better to let sick employees go home to recover, they do see this bill as "nothing more than an excuse to force more paid leave mandates on employers in an already weak economy."

Lisa Sylvester. CNN. Washington.

As always, we would love to know what you think about this. We kind of thought it was a talker this morning. Do you actually think that Congress should pass some sort of bill that would mandate employers grant their employees emergency sick leave with direct reference to H1N1? Leave us your comments. You can go to cnn.com/heidi and leave your comments there. We, of course, will share some of them with you a little bit later on, right here in the CNN Newsroom.
Earlier today, Chairman Miller and Rep. Lynn Woolsey, chair of the Workforce Protections Subcommittee, announced emergency temporary legislation today that will guarantee 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.

The Wall Street Journal reports, "House Education and Labor Committee Chairman George Miller said his bill would ensure that workers wouldn't miss out on wages if they contract the illness. The employer would be required to pay for the sick leave, and there would be no cost to the taxpayer, Mr. Miller said.

The bill wouldn't oblige employers to pay for workers' time off. It would tell them that, if they intend to send employees who are ill home, they must then pay for them to have up to five days' leave.

Mr. Miller said his panel would hold a hearing on the legislation the week of Nov. 16. If the bill is successfully enacted by Congress, it would take effect 15 days after being signed into law, and expire in two years."

Explaining why this bill is needed, Contra Costa Times quotes Chairman Miller, "Sick workers advised to stay home by their employers shouldn’t have to choose between their livelihood, and their co-workers’ or customer’s health. This will not only protect employees, but it will save employers money by ensuring that sick employees don’t spread infection to co-workers and customers, and will relieve the financial burden on our health system swamped by those suffering from H1N1.”

And the next steps according to Reuters are, "Miller said the committee would hold a hearing the week of November 16 and he would press to have a full vote as soon as possible.

Miller said at least 50 million American workers are not paid for time taken off sick, 'many in lower-wage jobs that have direct contact with the public such as the food-service and hospitality industry, schools and health care fields.'"

For more background on who does and doesn't get sick leave, see this post on the New York Times' Economix blog.

News of the Day: Teen Unemployment Hits 25.9%, Congress Lends an Ear

The Wall Street Journal's Blog highlights our hearing from on economic opportunities for young Americans last week.

The unemployment rate for 16 to 19-year-olds hit 25.9% in September, the highest rate recorded since at least 1948 (the earliest data the Labor Department supplies).

Lately, their plight hasn’t been falling on deaf ears. The House Education and Labor Committee held a hearing earlier this week to address low unemployment among young people.

“Indeed, because of the horrible economy, younger workers are now competing with more experienced workers for positions traditionally [in] the domain of the young and less experienced,” Rep. George Miller, a California Democrat and the committee chairman, said according to prepared remarks. “Until the economy as a whole turns around, younger workers will continue to be hit the hardest.”

While there are big concerns about unemployment and underemployment for young Americans, there is a silver lining.

At least things don’t appear to be getting worse for the 20-somethings lately. The unemployment rate for 20 to 24-year-olds dropped to a still-high 14.9% in September. It’s the second month the group’s unemployment rate decreased.
We encourage you to read the entire blog post, as well as view the testimony from the hearing, visit the hearing page and view the pictures.

Hearing on Ensuring Economic Opportunities for Young Americans

Today, the House Education and Labor will eold a hearing to examine the impact on declining rate of youth employment and strategies to ensure that there are economic opportunities available for young Americans.

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.

The hearing page has a complete list of all witnesses, testimony, statements, videos, photos and an archived webcast.

News of the Day: Small 401(k) Plans Often Pay Big Fees

The Wall Street Journal has an article today about how small 401(k) plans often pay big fees. In an effort to ensure transparency, the Committee passed the 401(k) Fair Disclosure and Pension Security Act of 2009 to the House floor in June of this year. This bill will help small business owners like Mr. Maccani:

Some small employers say that it’s difficult to get a handle on exactly what they pay in fees, and that it often requires digging through documents or calling the various parties involved.

Gordon Maccani, chief executive of Digital Telecommunications Corp., in Van Nuys, Calif., says he thought he was paying only $3,600 a year to a third-party recordkeeper to manage his company’s 15-year-old 401(k) plan, which has about $920,000 in assets and 38 participants.

But Mr. Maccani says he recently started reviewing his annual plan statements from Transamerica Retirement Services and noticed there’s an array of other fees paid out of assets, including a 1.2% “contract asset fee,” $8,500 in “charges and fees” and about $1,400 in partner distribution fees. He originally didn’t get a clear answer, he says, when he called the company to inquire. But Transamerica called Mr. Maccani and gave him a comprehensive fee breakdown after being contacted by The Wall Street Journal. The company is a unit of Transamerica Life Insurance Co., owned by Aegon NV, a multinational Dutch insurance firm.

Transamerica’s recently provided breakdown shows Digital Telecommunications’ 401(k) plan actually paid about $16,300 in fees last year.
We encourage you to read the entire article and learn more about the 401(k) Fair Disclosure and Pension Security Act of 2009.
I am proud to announce that millions of Americans will receive a much-needed pay raise today.

Almost four and a half million workers in 31 states will see a bigger paycheck when the federal minimum wage increases from $6.55 per hour to $7.25 per hour. This is the final of three increases to be implemented under a law enacted by the Democratic Congress in 2007.

This law provided the first minimum wage increase in a decade for our lowest-paid workers and their families. The buying power of the minimum wage had fallen to a 51-year low, and families were struggling with rising housing costs, unpredictable energy bills, and skyrocketing health care premiums.  

We have seen where the low road of low wages and rising inequality leads – to an unbalanced, unhealthy, and unsustainable economy.

Today’s pay raise comes as even more Americans are struggling to make ends meet and provide for their families.

  • Three-quarters of those who will benefit from this wage increase are 20 years old or older.
  • More than half are families with yearly incomes of less than $35,000.
  • Over sixty percent of them are women, and over 400,000 of them are single parents with kids under 18. And over two million children will benefit from this boost in their parents’ wages.
The average minimum wage worker brings home the lion-share of their family’s earnings. In fact, about half of all minimum wage workers work full time and another third work between 20 and 34 hours per week. In the wealthiest country in the world, it is an outrage that anyone who works full-time still winds up in poverty.

Unlike tax cuts for the wealthy, a higher minimum wage increases consumer spending on local businesses, which is good for everyone. In fact, a recent study by economists at the Federal Reserve Bank of Chicago found that every dollar increase in the minimum wage leads to an $800 increase in spending per quarter by families with minimum wage workers.

The Economic Policy Institute estimated that this increased purchasing power will boost consumer spending by more than $5.5 billion over the next 12 months. This increase will provide millions of families with about $120 in extra monthly income to help pay their grocery bills or fill up their cars.  

Especially in this economy, Congress will continue to look at solutions that will help all Americans build a better life for themselves and their families.

Subcommittee to Hold Hearing on Family Leave Policies

The House Workforce Protections Subcommittee will hold a hearing on Thursday, June 11 to examine proposals for expanding workers’ access to paid family and sick leave. While more than 80 percent of Americans support having paid sick days, the U.S. is the only country among the 22 nations ranked high in economic and human development that doesn’t guarantee paid sick leave to workers.

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. 
WHAT:          
Hearing on “H.R. 2339, the Family Income to Respond to Significant
Transitions Act, and H.R. 2460, the Healthy Families Act”

WHO:           
U.S. Representative Rosa DeLauro (D-CT), sponsor H.R. 2460,
Healthy Families Act
Rajiv Bhatia, director, Occupational and Environmental Health, Department of Public Health, San Francisco, CA
Deborah Frett, CEO, BPW Foundation, Washington, DC
Debra Ness, president, National Partnership for Women, Washington, DC
Sandra Poole, deputy director, California Employment Development Department Disability Insurance Branch
Additional Witnesses TBA
                                                             
WHEN:         
Thursday, June 11, 2009
10:00 a.m., EDT
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. Access the webcast when the hearing begins at 10:00 am EDT » 

News of the Day: Janitors, science center battle over unionization

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.

News of the Day: Artists get stimulus help

San Francisco's KGO station ran an excellent story about how artists are benefiting from the American Recovery and Reinvestment Act.

The recession is affecting artists, dancers and musicians everywhere, including the Bay Area, but hope is on the way. A House committee in Washington is examining how communities everywhere are being affected. $50 million has been set aside to give a boost to the arts and entertainment industry. The arts are big business generating 5.7 million jobs and $166 billion in economic activity each year. The House Education and Labor Committee, chaired by Congressman George Miller (D) of Concord, was told artists are unemployed and need their share of the stimulus package.

Watch the full report here.

News of the Day: Wage Theft

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Corresponding with our committee's hearing today about the GAO’s undercover investigation into wage theft of America’s vulnerable workers, ABC News has an article and corresponding video about how the Department of Labor's Wage and Hour division under the previous administration failed to investigate legitimate complaints by employees. Building upon this investigation the New York Times has an article highlighting the problems with procedures and staff training which cost employees lost wages.

Hearing on GAO Undercover Wage Theft Investigation

The Committee will hold a hearing tomorrow, Wednesday, March 25, 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.
WHAT:          
Hearing on "GAO’s Undercover Investigation: Wage Theft of America’s Vulnerable Workers

WHO:            
Greg Kutz, managing director of forensic audits and special investigations, U.S. Government Accountability Office
                                                                                                         
WHEN:          
Wednesday, March 25, 2009
10:00 a.m, EDT
                       
WHERE:       
House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

 
US News and World Reports has an article answering the 8 Questions You May Have About the New COBRA Subsidy. It is a good addendum to our Our Frequently Asked Questions on the COBRA Premium Reduction.

Michelle Andrews wrote:

Anxious readers who had lost their jobs wanted to know how they could apply for the subsidy, which will cover 65 percent of laid-off workers' COBRA health insurance premiums if they choose to continue their health insurance under their former employer's plan. The reason for their concern is no mystery: The federal law known as COBRA that permits them to extend their health insurance also requires them to pay 100 percent of the premium, plus an administrative fee of 2 percent. For people trying to get by on an unemployment insurance check of around $325 a week, shelling out $1,000 or more a month for health insurance is often not feasible. Even a helping hand of 65 percent doesn't make COBRA cheap, but for some the subsidy will at least make coverage affordable.
If you have questions about the COBRA subsidy make sure to visit our FAQ, the article and the Department of Labor's COBRA website.
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.

Economy May Slip Into Deep Recession Without Immediate Action, Witnesses Say

georgemiller2.jpgThe American economy could slip into a deeper recession unless immediate action is taken to stem the tide of rising unemployment and falling family incomes, witnesses told the Committee in a hearing today.

Economists predicted that, based on past recession trends unemployment could soon reach eight percent or higher, and middle-class families’ incomes could drop by more than $2,000 this year.

“It is urgent that we prepare now to take the next steps to rescue the economy by creating jobs, providing immediate relief to the states and small businesses, and by making real investments in energy, technology and education,” Chairman George Miller said. “We must have a plan that speaks directly to the needs of American families and workers today.”

The number of out-of-work Americans has increased by 2.2 million in the last year. They join more than 2 million workers who have been unemployed longer than 27 months. In October, many workers began exhausting their unemployment insurance benefits.  By the end of this month, an estimated 775,000 workers will be left without a safety net, and a total of 1.1 million workers will be in the same straits by the end of the year.

In a letter to Chairman Miller released at the hearing, economist Alan Blinder of Princeton University predicted that “unemployment will top out in the 8-8.5 percent range” if the coming recession is as severe as the recessions of 1981-82 and 1973-75.  “My worry,” wrote Blinder, “is that we may be heading in that direction.”

“We are clearly in the early stages of a potentially very serious recession that will likely be as deep as anything we have experienced in a generation,” said Ron Blackwell, chief economist of the AFL-CIO. “Just how deep and protracted this recession will be depends on a timely, aggressive and well-focused economic recovery package.”

To help families make ends meet while they look for a new job, the Democratic Congress voted to extend unemployment benefits in early October. Unfortunately, that effort was blocked by Senate Republicans. The Bush administration threatened to veto the extension claiming it would encourage out of work Americans not to find a new job.

“There is nothing enjoyable about being up at night worrying about how you are going to make ends meet,” said Dana Stevens, an unemployed worker from Thorofare, NJ. “For anyone to suggest that receiving unemployment is like getting a free vacation is insulting and degrading to the millions like myself who are desperately trying to get back to work.”

Millions of workers not only lose their jobs during a recession, but household incomes for those with a job also decline on an average of four percent. Jared Bernstein, director of the Living Standards Program at the Economic Policy Institute, said that if past trends repeat themselves this time around, middle-class families’ who earn around $60,000 will see their income fall about $2,500 this year.

“Due to factors regarding job loss, fewer hours, and the slower wage growth driven by the weaker job market, incomes usually fall in recessions,” said Bernstein.

In September, the House of Representatives also approved an economic rescue and job creation package to help head off a deeper recession. It would have created good-paying jobs by investing in new energy technology and infrastructure.  The bill would have also provided access to job training and helped working families with grocery and health care bills. Senate Republicans and the Bush administration also opposed this effort.

Many economists say that making infrastructure investments are some of the most effective uses of federal dollars that create jobs in both the short-term and the long-term.

Robert Pollin, a professor of economics at the University of Massachusetts-Amherst, said a $150 billion job creation program will create 2.9 million jobs in the short-term alone.

“In the midst of the severe financial crisis and deepening recession, it is imperative that the federal government take action as soon as possible to counteract the downturn,” said Pollin.

Pollin’s latest research also reveals that infrastructure investment produces a second wave of private sector job creation within two years, pushing the 2.9 million new jobs up to 3.3 million new jobs in a two-year time frame.

To encourage long-term job creation, investments are needed to build the nation’s technological backbone that will help foster growth in the emerging high-tech industry and green economy.

“Advanced networks will allow increased opportunities for the creation of even more highly skilled technology jobs to invent new products and improve existing ones in the vital areas of energy, health care, education, public safety and services,” said Christopher Hansen, president and CEO of AeA. “These are the jobs of the future.”

House Passes Bill to Increase Access to Mental Health Treatment

Ensuring better access to treatment for people suffering from mental illness, the House of Representatives today passed the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act (H.R. 6983) by a vote of 376 to 47.
The bill requires group health insurance plans that cover mental and addiction health benefits to put those benefits on equal footing with physical ailments. Private health insurers generally provide less coverage for mental illnesses than for other medical conditions.  H.R. 6983 prohibits employer group health plans from imposing limitations on coverage for mental illnesses that they do not impose on physical illnesses. For example, the legislation would require that group health plans offer the same terms for deductibles, limits on hospital stays and outpatient visits, and co-payments.  The measure will allow employers to offer more comprehensive mental health coverage without significant additional cost, while significantly reducing out-of-pocket costs for plan participants.

Some states already have strong requirements for the coverage and treatment of mental illness. H.R. 6983 would not affect state laws that offer stronger consumer protections.

The bill is named after the late Sen. Paul Wellstone (D-MN) and current Sen. Pete Domenici (R-NM), both longtime advocate of mental health awareness and parity.

"Today, approximately forty-four million Americans suffer from mental illness, but only one-third receive treatment. One reason is that private health insurers generally provide less coverage for mental illnesses and substance abuse than for other medical conditions.  This bill is an important step towards ending the stigma attached to mental illness and providing fair coverage to those in need.” -- Chairman George Miller

House to Vote on Bill to Ensure Better Access to Mental Health Treatment Today

The House is expected to vote today, September 23, on the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. This measure will help ensure better access to treatment for people suffering from mental illness by requiring group health insurance plans that cover mental and addiction health benefits to put those benefits on equal footing with physical ailments.

House Expected to Vote Today on Paycheck Fairness Act

The House is expected to vote today on the Paycheck Fairness Act. The Committee passed the measure on July 24 to help end the discriminatory practice of paying men and women unequally for performing the same job.  Loopholes created by courts and weak sanctions in the law have allowed many employers to avoid liability for engaging in gender-based pay discrimination. 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 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.

Upcoming Hearing: Subcommittee Hearing on the Growing Middle Class Income Gap

On Thursday, July 31, the Workforce Protections Subcommittee will hold a hearing on the growing income equality and its effects on the middle class. Stagnant wages have contributed to income inequality. The rapidly rising costs of food and energy have put additional pressures on families already struggling to make ends meet.  Income inequality has been rising since the late 1970’s when the top 1 percent of wage earners earned less than 10 percent of all income. But since then, these top earners have increasingly accounted for a larger portion of the income pie:  By 2006, the top 1 percent earned more than 20 percent of our nation’s wealth.

“The Growing Income Gap in the American Middle Class”
Thursday, July 31, 2008, 10:00 a.m. EDT

Today, the national minimum wage increases by 70 cents, from $5.85 per hour to $6.55 per hour.  I am proud to say that this is the second of three increases due to take effect under the Fair Minimum Wage Act, enacted by this Democratic Congress and signed into law on May 25, 2007.

The increase in the minimum wage comes at an important time for the millions of Americans struggling to make ends meet. Real incomes have dropped since 2001, while the costs of gasoline, health insurance, and attending college have skyrocketed. With today’s increase, Americans who most urgently need a pay raise will get a badly needed boost.
These pay increases aren’t just about helping workers provide for their families. Unlike tax breaks for the wealthy, the minimum wage increase for American workers will be spent locally, which is good for local businesses, large and small, and good for a struggling economy.

Democrats in Congress have been working to ensure that all Americans are able to share in the benefits provided by their hard work. We will keep working toward those goals in order to help grow and strengthen America’s middle class. So far, Congress has enacted a stimulus package to try to get our economy back on the right track, approved legislation to make college more affordable, and pushed efforts to lower energy and health care costs.

In the wealthiest country in the history of the world, it is an outrage that anyone who works full-time would still wind up in poverty. Democrats will continue to look at solutions that will help all Americans build a better life for themselves and their families.
 

Labor Department Not Effectively Fighting Wage Theft

The U.S. Government Accountability Office (GAO), testified at a hearing today that findings from two separate investigations indicate that the U.S. Department of Labor is failing to effectively enforce the nation’s wage and hour laws.  The two investigations found that the Wage and Hour Division of the Labor Department -– the agency responsible for investigating complaints of wage, hour, and child labor violations -– is failing to fully investigate and properly address violations of the law.  The GAO calculated that actions initiated by the Department on wage and hour violations have dropped from approximately 47,000 in 1997 to fewer than 30,000 in 2007.  Also, the use of fines that punish repeat or egregious offenders declined by nearly 50 percent from 2001 to 2007. 


Other findings:

- Thousands of cases may have been mishandled by the agency over the past decade, which may have resulted in workers receiving reduced or no back pay at all. In one case, the GAO uncovered that the Wage and Hour Division dropped investigations when employers refused to pay or claimed no funds to pay back wages, even though the business was still in operation. Although the agency has the ability to take employers to court in order to force recalcitrant employers to issue back pay, the agency refused to do so in most cases.

- Hundreds of cases where the agency did not assign an investigator for more than a year after the initial complaint. It cited one example where a truck driver who was not paid for overtime had to wait for 17 months to be assigned an investigator. The case against the truck driver’s employer was dropped because the agency could no longer locate the truck driver.
 
The investigations were conducted by the GAO at the request of Chairman George Miller.

 

The Committee will hold 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 will highlight the results of two separate investigations requested by Chairman George Miller 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.

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