“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.”

"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]

“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?"

“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.”

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

“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.”

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

• 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.

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."

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.

[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."

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.

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.

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.

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.

“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.”

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.