SAHRA Legislative Highlights Edited by Alex Wade, awade@yumaregional.org News Release – April 2, 2016

“NASA said it shows a growing interest in space exploration. Then people said, ‘Nah, we just wanna get off the planet before this election.'” –Jimmy Fallon

Highlights Senate and House Adjourned for Spring Break The Senate adjourned for Spring Break and will return to work on April 4

th. The House also

adjourned and will return on April 12th.

Arizona Minimum Wage Ballot Initiative A group called the Arizonans for Fair Wages and Healthy Families has filed with the Secretary of State papers to raise the state’s minimum wage to $10 by 2017, then $12 by 2020, and require paid sick leave to employees. The initiative will require 150,642 signatures by July 1 in order to appear on November’s ballot. Businesses of 15 or more employees would be required to offer 40 hours of paid sick leave per year. Smaller businesses would be required to offer 24 hours. (Phoenix Business Journal, 04/01/2016; Yuma Sun, 04/02/2016) California Nears Approval of $15 Minimum Wage Under an agreement, the state minimum wage, which was raised to $10 an hour on Jan. 1, would increase incrementally over the next six years, until reaching $15 in 2022. Small businesses would have an extra year to comply. This will be the first state to mandate a $15 minimum wage statewide. The governor is expected to sign in early April.

Arizona Bill to Define Wage Arizona H.B. 2579 nonwage compensation; minimum wage proposes that only the state can mandate nonwage compensation, which would include sick pay, bonuses, and pension contributions. The intent of the bill is to clarify the distinction between wage and nonwage compensation and what rules local governments can impose on employers. The bill defines minimum wage as the nondiscretionary minimum compensation given to an employee, excluding tips and gratuities. The measure adds nonwage compensation to the list of employee regulations that are of statewide concern and not subject to further regulation by any city, town or political subdivision of the state. H.B. 2579 would designate nonwage compensation as fringe benefits, welfare benefits, child/adult care plans, sick pay, vacation pay, severance pay, commissions, bonuses, retirement plan/pension contributions, other federal employment benefits, and other amounts more than the minimum compensation due an employee. The measure would also remove from the definition of wages: sick pay, vacation pay, severance pay, commissions, bonuses, and other amounts promised by an employer with a policy or practice of making such payments. Sick Leave Mandate for Federal Contractors Although not a legislative act and outside the normal scope of this newsletter, federal contractors and subcontractors need to be aware that the Department of Labor (DOL) is requiring all federal contractors to provide paid sick leave to staff beginning January 1, 2017. The regulations proposed by the DOL are to implement Executive Order 13706 signed by President Obama. The proposed regulations cover the following points:

Employees must accrue at least one hour of paid sick leave for every 30 hours worked up to 56 hours annually.

Unused sick leave must carry over from year to year.

Sick leave must be reinstated if an employee returns within one year after termination.

Sick leave may be used for a number of reasons including care for a child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent to a family relationship.

A contractor’s existing sick leave program can satisfy the Executive Order only if the policy meets or exceeds all requirements in the new regulations.

Senate Finance Committee Reviews Multiemployer Pension Reform Act The Senate Committee on Finance recently heard testimony regarding benefit cuts under the Multiemployer Pension Reform Act (MPRA). Under this Act, plans that are “critical and in declining status” can avoid insolvency by cutting costs, including payments to participants who are receiving benefits. At least one witness advocated higher PBGC rates. Another solution would be for such plans to switch to defined contribution plans. Bill to Halt Overtime Rule Changes Introduced The Protecting Workplace Advancement and Opportunity Act (S. 2707, H.R. 4773) would require the Secretary of Labor to nullify the revised white collar overtime exemption rules and provide an economic analysis to determine its impact on certain employers prior to implementation. This bill, even if passed, will likely be vetoed by the President.

Wage Theft Prevention and Wage Recovers Act Introduced The Wage Theft Prevention and Wage Recovery Act (H.R. 4763, S. 2697) would impose a number of pay-related requirements on employers, including requiring employers to make initial disclosures of the terms of employment to all employees; requiring employers to provide final paychecks within 14 days of separation from employment or by the payday for the pay period, whichever is earlier; increasing damages for FLSA violations; and allowing employees to recover additional compensation in the event the employer is found to be in violation of wage payment laws. (Littler, 03/18/2016).

New Bill to Require Additional Pay Stub Details

The Pay Stub Disclosure Act (S. 2630) would amend the Fair Labor Standards Act to require certain disclosures and additional details on pay stubs.

WAGE Act Introduced

The Wage Act (H.R. 3514) amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to award back pay and additional liquidated damages equal to double the back pay, without any reduction, to any employee against whom an employer has discriminated with regard to hiring or because the employee has filed charges or given testimony or if the employer has committed an unfair labor practice resulting in the employee's discharge or other serious economic loss.

Pending Legislation Last Update

Bill

03/30/2016 Arizona HB 2191 employee scheduling; preemption (was real estate; fund; prosecutor) would prohibit a city, town, or county from requiring an employer to alter any employee scheduling unless it is required by federal or state law. It would not prohibit a city, town, or county from altering schedules for their own employees. Status: Introduced. Passed House. Senate passed amended version. Transmitted to House. Majority and Minority Caucuses both concur recommendation

03/29/2016 Arizona HB 2579 nonwage compensation; minimum wage proposes that only the state can mandate nonwage compensation, which would include sick pay, bonuses, and pension contributions. The intent of the bill is to clarify the distinction between wage and nonwage compensation and what rules local governments can impose on employers. The bill defines minimum wage as the nondiscretionary minimum compensation given to an employee, excluding tips and gratuities. The measure adds nonwage compensation to the list of employee regulations that are of statewide concern and not subject to further regulation by any city, town or political subdivision of the state. H.B. 2579 would designate nonwage compensation as fringe benefits, welfare benefits, child/adult care plans, sick pay, vacation pay, severance pay, commissions, bonuses, retirement plan/pension contributions, other federal

employment benefits, and other amounts more than the minimum compensation due an employee. The measure would also remove from the definition of wages: sick pay, vacation pay, severance pay, commissions, bonuses, and other amounts promised by an employer with a policy or practice of making such payments. Status: Passed House Sent to Senate. Referred to Commerce and Workforce Development (Do Pass Amended); Rules (Proper for Consideration. Majority and Minority Caucuses Vote Yes

03/23/2016 The Wage Act (H.R. 3514) amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to award back pay and additional liquidated damages equal to double the back pay, without any reduction, to any employee against whom an employer has discriminated with regard to hiring or because the employee has filed charges or given testimony or if the employer has committed an unfair labor practice resulting in the employee's discharge or other serious economic loss. Civil penalties are established for violations of posting requirements and any violations causing serious economic loss to employees. Whenever it is charged that an employer has engaged in an unfair labor practice that significantly interferes with, restrains, or coerces employees in the exercise of guaranteed rights and involves discharge or other serious harm to an employee, the preliminary investigation of the charge shall be made forthwith and given priority generally over all other cases. The U.S. district court shall: (1) have jurisdiction to grant injunctive relief or a temporary restraining order to protect the rights guaranteed, and (2) shall grant the relief requested unless the court concludes that there is no reasonable likelihood that the NLRB will succeed on the merits of the NLRB's claim. A person injured by an unfair labor practice may bring a civil action in the appropriate district court. Unauthorized aliens may be paid back pay under a court order directing reinstatement of an employee. In any case where the NLRB finds that an election to determine a collective bargaining representative should be set aside because the employer committed a violation or otherwise interfered with a fair election, it shall issue an order requiring the employer to collectively bargain with the labor organization. The NLRB shall dismiss any petition to represent a unit if in an election a majority of the valid votes cast in an appropriate unit have not been cast in favor of representation by the labor organization. The NLRB shall promulgate regulations requiring each employer to post and maintain, in conspicuous places, a notice setting forth the rights and protections afforded employees under such Act. Each order of the NLRB shall take effect 30 days after notice of an NLRB order is given, unless the NLRB directs otherwise.

The NLRB shall apply to the district court in which an unfair labor practice or other subject of the order occurred for the enforcement of an order if any person or entity fails or neglects to obey it. Status: Introduced. Referred to the Subcommittee on Health, Employment,

Labor, and Pensions.

03/23/2016 The Black Lung Benefits Improvement Act of 2015 amends the Black Lung Benefits Act to revise requirements for miners' claims for pneumoconiosis (black lung) benefits. A mine operator must give a copy of the examining physician's report to miners required to have a medical examination of their respiratory condition. The Department of Labor must pay the attorneys' fees of prevailing parties on a qualifying black lung benefit claim. This bill revises: (1) the standards of medical evidence that establish a presumption that a miner is totally disabled by black lung, and (2) payments to miners (including their dependents) totally disabled by black lung. Status: Introduced. Referred to Education and the Workforce; Ways and Means; Subcommittee on Workforce Protections.

03/23/2016 The Healthy Employee Loss Prevention Act of 2015 or the HELP Act (H.R. 3689) would authorize groups to petition for eligibility to apply for adjustment assistance to the Critical Employment Advisory Commission (established by this Act) and the governor of a state. Status: Introduced. Referred to the Committee on Education and the Workforce, and in addition to the Committee on Oversight and Government Reform. Referred to Subcommittee on Workforce Protections.

03/23/2016 The Workplace Democracy Act (H.R. 3690 same as S. 2142) would amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations. Status: Introduced. Referred to the House Committee on Education and the Workforce; Subcommittee on Health, Employment, Labor, and Pensions.

03/23/2016 The Employee Empowerment Act (H.R. 3837) would amend the National Labor Relations Act to authorize a person alleging an unfair labor practice by an employer by discrimination regarding hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization, in addition to filing a charge alleging an unfair labor practice with the National Labor Relations Board, to bring a civil action against such employer in U.S. district court. The court may grant relief (including injunctive and equitable relief, back pay, and compensatory and punitive damages) and allow the prevailing party a reasonable attorney's fee (including expert witness fees) as part of the costs. Status: Introduced. Referred to House Education and the Workforce; Judiciary; Subcommittee on the Constitution and Civil Justice;

Subcommittee on Health, Employment, Labor, and Pensions.

03/23/2016 The National Labor Relations Board Reform Act (H.R. 4022) would amend the NLRB to reform the Board and the process for appellate review. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Health, Employment, Labor, and Pensions.

03/23/2016 The Pension Accountability Act (H.R. 4029) amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to revise rules for voting on the suspension of pension benefits under multiemployer plans in endangered or critical status. The bill changes the voting procedure for suspending plan benefits to provide that a suspension shall go into effect unless a majority of plan participants and beneficiaries who cast a vote (currently, a majority of all plan participants and beneficiaries) reject the suspension. The bill also eliminates the authority of the Department of the Treasury, in the case of systemically important plans, to override a vote of plan participants to reject a suspension. A plan is systemically important if projected financial assistance to the plan will exceed $1 billion if suspensions are not implemented. Status: Introduced. Referred to Education and the Workforce; Ways and Means; Subcommittee on Health, Employment, Labor, and Pensions.

03/23/2016 The Supporting Working Moms Act of 2015 (H.R. 4113 and S. 2321) would amend the Fair Labor Standards Act of 1938 regarding reasonable break time for nursing mothers. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Workforce Protections.

03/23/2016

The Women’s Pension Protection Act of 2015 (H.R. 4235) would amend the Employee Retirement Income Security Act of 1974 to provide for greater spousal protection under defined contribution plans. Status: Introduced. Referred to House Financial Services; Subcommittee on Health, Employment, Labor, and Pensions.

03/23/2016

The Freedom for Workers to Seek Opportunity Act (H.R. 4254) would prohibit employers from requiring grocery store employees to enter into covenants not to compete. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Workforce Protections.

03/23/2016 The Nurse and Health Care Worker Protection Act of 2015 (S. 2408 and H.R. 4266) would direct the Secretary of Labor to issue an occupational safety and health standard to reduce injuries to patients, nurses, and all other health care workers by establishing a safe patient handling, mobility, and injury prevention standard Status: Introduced. Referred to Health, Education, Labor, and Pensions; Subcommittee on Workforce Protections.

03/23/2016 The Pay Stub Disclosure Act (H.R. 4376) would require employers to provide

detailed information, much of which is commonly presented by most employers. Information may be provided electronically. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections.

03/23/2016 The Fair Wage Act (H.R. 4508) would amend the Fair Labor Standards Act of 1938 to increase the federal minimum wage for employees as follows:

$8.00 an hour 30 days after this Act's enactment date or January 1, 2017, whichever date is earlier;

$9.00 an hour, one year after the date the $8.00 an hour wage takes effect;

$10.00 an hour, after two years;

$11.00 an hour, after three years;

$12.00 an hour, after four years;

$13.00 an hour, after five years;

$14.00 an hour, after six years;

$15.00 an hour, after seven years; and

the amount determined by the Department of Labor (based on increases in the Consumer Price Index) eight years after such date and annually thereafter.

The bill further amends the Internal Revenue Code to allow an employer who pays at least $1 more per hour than the federal minimum wage, but not more than $15 per hour, a credit against the employment tax equal to 6.2% of wages paid by such employer during the calendar year. Status: Introduced. Referred to Education and the Workforce; Ways and Means; Subcommittee on Workforce Protections.

03/17/2016 Arizona SB 1521 technical correction; traffic violations would allow state officers and employees to authorize deductions from their salaries or wages for the payment of dues in an association composed principally of current or former state agency employees if the association’s membership meets one of the following criteria:

a) includes at least 1,000 state employees, other than employees of the state universities, the Department of Public Safety (DPS) and academic personnel of the Arizona state schools for the deaf and the blind; b) includes at least 25 percent of the academic personnel or of the nonacademic employees of any state university; c) includes at least 25 percent of the academic personnel of the Arizona state schools for the deaf and the blind; or d) includes at least 500 state employees who are certified as peace officers by the Arizona Peace Officer Standards and Training Board.

Status: Introduced. Referred to Military Affairs and Public Safety (Do Pass); Rules (Constitutional and in Proper Form)

03/17/2016 The Protecting Workplace Advancement and Opportunity Act (S. 2707, H.R. 4773) would require the Secretary of Labor to nullify the revised white collar overtime exemption rules and provide an economic analysis to determine its impact on certain employers prior to implementation. This bill, even if passed, will likely be vetoed by the President.

Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions

03/17/2016 The Protecting Workplace Advancement and Opportunity Act (H.R. 4773, S. 2707) would require the Secretary of Labor to nullify the revised white collar overtime exemption rules and provide an economic analysis to determine its impact on certain employers prior to implementation. This bill, even if passed, will likely be vetoed by the President. Status: Introduced. Referred to House Education and the Workforce

03/16/2016 The Wage Theft Prevention and Wage Recovery Act (H.R. 4763 also S. 2697) would impose a number of pay-related requirements on employers, including requiring employers to make initial disclosures of the terms of employment to all employees; requiring employers to provide final paychecks within 14 days of separation from employment or by the payday for the pay period, whichever is earlier; increasing damages for FLSA violations; and allowing employees to recover additional compensation in the event the employer is found to be in violation of wage payment laws. (Littler, 03/18/2016). Status: Introduced. Referred to House Education and the Workforce

03/16/2016 The Wage Theft Prevention and Wage Recovery Act (S. 2697 also H.R. 4763) would impose a number of pay-related requirements on employers, including requiring employers to make initial disclosures of the terms of employment to all employees; requiring employers to provide final paychecks within 14 days of separation from employment or by the payday for the pay period, whichever is earlier; increasing damages for FLSA violations; and allowing employees to recover additional compensation in the event the employer is found to be in violation of wage payment laws. (Littler, 03/18/2016). Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions

03/03/2016 The Pay Stub Disclosure Act (S. 2630) would amend the Fair Labor Standards Act to require certain disclosures and additional details on pay stubs. Status: Introduced. Referred to Committee on Health, Education, Labor, and Pensions

03/02/2016 Arizona HCR 2021 right to work; repeal proposes an amendment to the state constitution to repeal Article XXV relating to the Right to Work. Status: Filed

03/02/2016 Arizona HB 2680 employers; ex-felons; income tax credits proposes a credit against taxes for employers who employ individuals who are qualified ex-felons. The credits would apply for 2017, 2018, and period 2019. Status: Filed

03/02/2016 Arizona HB 2673 state employees; paid family leave would establish a pilot family leave pilot program for eligible state employees in the Department of Health Services. The program would offer short term disability coverage for a contracted amount. The leave could be used six weeks before and six weeks after the birth of

a child. Status: Filed

02/24/2016 The Health Savings Act of 2016 (H.R. 4469, S. 2499) would expand Health Savings Accounts. Provisions include the ability of both spouses to make catch-up contributions to the same Health Savings Account. Status: Introduced. Referred to House Ways and Means; Judiciary; Energy and Commerce.

02/16/2016 Signed by Governor

Arizona SB 1428 PSPRS modifications would make changes in both benefits and contribution costs for new employees. Status: Passed House and Senate Signed by Governor

02/15/2016 Arizona SCR 1019 public retirement system benefits provides an exception for certain adjustments to the Public Safety Personnel Retirement System (PSPRS) as provided for in SB 1428 PSPRS modifications (signed by the Governor on 02/16/2016). These changes include adjustments in both benefits and contribution costs for new employees. The proposition will need to go to the voters at a special election to be held May 17, 2016. Status: Passed House and Senate. Transmitted to the Secretary of State.

02/11/2016 Arizona SCM 1002 urges the U.S. Congress to repeal the annual tax on health insurance under the Affordable Care Act on each covered entity that is engaged in the business of providing health insurance coverage, beginning in 2014. The annual fee that each covered entity pays is based the covered entity’s share of the health insurance market during the previous calendar year. A covered entity is any entity that provides health insurance for any United States health risk and includes: 1) a health insurance issuer; 2) a health maintenance organization; and 3) an insurer that provides health coverage under Medicare Advantage, Medicare Part D or Medicaid. A covered entity does not include: 1) a self-insured employer; 2) a governmental entity; 3) certain nonprofit corporations; and 4) certain voluntary employees’ beneficiary associations. A United States health risk is the health risk of any individual who is: 1) a United States citizen; 2) a resident of the United States; or 3) located in the United States, with respect to the period such individual is so located (Internal Revenue Service). Status: Introduced. Referred to Financial Institutions (Do Pass); Rules (Proper for Consideration)

02/11/2016 The Safe Harbor for Reporting Violent Behavior Act of 2016 (H.R. 4532) would provide a safe harbor from lawsuits to those employers that, in good faith and based on objectively reasonable suspicion, make a report about violent or threatening behavior by an employee or former employee to a potential future employer. The bill is modeled after a 2007 law that provides a safe harbor from lawsuits to those who report suspicious behavior on public transportation systems. (SHRM HR Issues Update, 02/19/2016.) Status: Introduced. Referred to the House Committee on the Judiciary.

02/09/2016 The Empowering Patients First Act (S. 2519), companion legislation to a bill

introduced in the House of Representatives (H.R. 2300), would fully repeal and replace the Affordable Care Act (ACA). Status: Introduced. Referred to Committee on Finance.

02/08/2016 Arizona HB 2422 employment practices; consumer reports; limitation would prohibit employers from discrimination against employees due to their consumer credit reports. Status: Introduced. Referred to Commerce; Rules

02/04/2016 The Affordable Retirement Advice Protection Act (S. 2502) would provide that advisors who:

provide advice that is impermissible under the prohibited transaction provisions under section 406 of the Employee Retirement Income Security Act of 1974, or

breach the best interest standard for the provision of investment advice, are subject to liability under the Employee Retirement Income Security Act of 1974. Status: Introduced. Referred to Finance; Health, Education, Labor, and Pensions.

02/04/2016 The Health Savings Act of 2016 (S. 2499, H.R. 4469) would expand Health Savings Accounts. Provisions include the ability of both spouses to make catch-up contributions to the same Health Savings Account. Status: Introduced. Referred to Committee on Finance.

02/04/2016 The SAVERS Act of 2015 (S. 2505, H.R. 4294) would amend the Internal Revenue Code of 1986 to ensure that retirement investors receive advice in their best interests. Status: Introduced. Referred to Finance.

02/03/2016

The SAVERS Act of 2015 (H.R. 4294, S. 2505) would amend the Internal Revenue Code of 1986 to ensure that retirement investors receive advice in their best interests. Status: Introduced. Ordered to be Reported.

02/02/2016 The Affordable Retirement Advice Protection Act (H.R. 4293) defines and details the ability of an employer to provide investment advice and the employer’s fiduciary responsibility. Status: Introduced. Ordered to be Reported.

02/02/2016 Vetoed by President

The Restoring American’s Healthcare Freedom Reconciliation Act of 2015 (H.R. 3762) would repeal the excise tax on medical devices, eliminate the requirement for individuals to maintain minimum essential health insurance, eliminate the responsibility for certain large employers to make shared responsibility payments, terminate the Prevention and Public Health Fund, repeal the Cadillac Tax, and block funding for one year to the Planned Parenthood Foundation of America.

According to a report released on 01/04/2016 by the Congressional Budget Office and Joint Committee on Taxation, this bill would reduce the US deficit by $516 billion over the next 10 years. Status: Passed House and Senate Vetoed by President House failed to override veto (02/02/2016)

02/01/2016 Arizona SB 1436 employment and labor omnibus is a comprehensive bill that impacts employers in areas such as discrimination against employees for wage disclosure, consumer credit reports, gender, and the requirement to provide paid sick leave and flexible scheduling. Status: Introduced. Referred to Commerce Workforce Development; Rules

01/29/2016 Arizona HB 2413 employment discrimination, prohibition would add gender, gender identity or expression, or sexual orientation to the list of unlawful discriminatory practices. Status: Filed

01/29/2016 Arizona HB 2545 minimum wage; adjustment; uniformity would add an additional provision to the existing Arizona minimum wage rule that would assign a minimum wage for full time employees equal to at least 15% more than the federal poverty guideline for a family of four with two children. The wage would be adjusted every 4 years, but would not apply if the original minimum wage provision tied to the Consumer Price Index allows for a higher rate. Status: Filed

01/29/2016 Arizona HB 2546 minimum wage; fast food employees would require a minimum rate of $9 per hour beginning December 31, 2016. Increases of an additional $1 per hour would occur annually through December 31, 2022. Status: Filed

01/29/2016 Arizona HB 2569 employment and labor omnibus is a comprehensive bill that impacts employers in areas such as discrimination against employees for wage disclosure, consumer credit reports, gender, and the requirement to provide paid sick leave and flexible scheduling. Status: Filed

01/29/2016 Arizona SB 1199 employment; housing; public accommodations; antidiscrimination would add gender identity, mannerisms, or other gender-related characteristics of an individual to the list of prohibited discriminatory practices for employers. Status: Filed

01/28/2016 The American Savings Account Act of 2016 (S. 2472) would create an American Savings Account Fund for all employees with investments managed by a government board.

Status: Introduced. Referred to Finance.

01/27/2016 Arizona SB 1335 labor organizations; nonunion employees; representation would allow labor contracts to require that nonunion employees pay the union for actual costs of representation. Status: Introduced. Referred to Government, Rules

01/27/2016 Arizona HB 2416 wage disclosure; prohibitions would prohibit employers from discriminating against an employee who discloses his or her salary. Employers would be prohibited from requiring employees to sign non-disclosure agreements. Status: Introduced. Referred to Commerce, Rules

01/27/2016 Arizona SB 1340 hiring practices; limitation; criminal history would prohibit employers from enquiring about or considering criminal histories during the hiring process unless certain conditions are met. The conditions include that disclosure may not occur until after a conditional offer is made, that the act cannot be within the past 5 years, the conviction must be directly related to the type of position, and that the provision does not apply to jobs that require a fingerprint clearance card under Title 41, Chapter 12, Article 3.1. Status: Introduced. Referred to Commerce and Workforce Development, Rules

01/26/2016 Arizona HB 2177 paid sick and safe time (like HB 2196)would require employers to accrue paid sick leave time for employees. The time could be used for personal illness, mental health, or preventive medical care. The time could also be used for a family member. Furthermore, the time could be used for a child whose school or place of care has been closed due to a public health emergency, or if a family member has been exposed to a communicable disease. The accrual rate would be set at one hour for every thirty hours worked. Status: Introduced. Referred to Commerce, Rules

01/26/2016 Arizona HB 2196 paid sick and safe time (like HB 2177) would require employers to accrue paid sick leave time for employees. The time could be used for personal illness, mental health, or preventive medical care. The time could also be used for a family member. Furthermore, the time could be used for a child whose school or place of care has been closed due to a public health emergency, or if a family member has been exposed to a communicable disease. The accrual rate would be set at one hour for every thirty hours worked. Status: Introduced. Referred to Commerce, Rules

01/25/2016 Arizona HB 2195 unpaid leave; employee; military family would require employers to provide up to two consecutive weeks of unpaid leave for employees whose family members are honorably discharged or who are on leave from a combat zone. Status: Introduced. Referred to Commerce, Rules

12/18/2015

The Affordable Retirement Advice Protection Act (H.R. 4293) would amend the Employee Retirement Income Security Act of 1974 to ensure that retirement investors receive advice in their best interests

Status: Introduced. Referred to House Education and the Workforce

12/18/2015 The Nurse and Health Care Worker Protection Act of 2015 (H.R. 4266 and S. 2408) would direct the Secretary of Labor to issue an occupational safety and health standard to reduce injuries to patients, nurses, and all other health care workers by establishing a safe patient handling, mobility, and injury prevention standard Status: Introduced. Referred to House Ways and Means; Subcommittee on Health

12/15/2015 The Flexibility for Working Families Act (H.R. 1450) would authorize an employee to request from an employer a temporary or permanent change in the terms or conditions of the employee's employment if the request relates to: (1) the number of hours the employee is required to work, (2) the times when the employee is required to work or be on call for work, (3) where the employee is required to work, or (4) the amount of notification the employee receives of work schedule assignments. Sets forth certain employer duties with respect to such requests. Makes it unlawful for an employer to interfere with any rights provided to an employee under this Act. Authorizes an employee to file a complaint with the Secretary of Labor for any violations of such rights. Provides for the investigation and assessment of civil penalties or the award of relief for alleged violations, including the review in federal courts of appeal of orders of the Secretary. Requires the Secretary and certain federal agency administrative officers to provide information and technical assistance to employers, labor organizations, and the general public regarding compliance with this Act. Requires the Administrator of the Wage and Hour Division of the Department of Labor to issue guidance on compliance with the Fair Labor Standards Act that provides a flexible work environment through changes in employee terms and conditions of employment provided in this Act. Applies the requirements of this Act to certain classes of employees, including employees of the Government Accountability Office and the Library of Congress. Status: Introduced. Referred to House Committees on Education and the Workforce, House Administration, Oversight and Government Reform, and Judiciary; Subcommittee on Workforce Protections; Subcommittee on the Constitution and Civil Justice.

12/03/2015 The Restoring American’s Healthcare Freedom Reconciliation Act of 2015 (H.R. 3762) would repeal the excise tax on medical devices, eliminate the requirement for individuals to maintain minimum essential health insurance, eliminate the responsibility for certain large employers to make shared responsibility payments, terminate the Prevention and Public Health Fund, repeal the Cadillac Tax, and block funding for one year to the Planned Parenthood Foundation of America. The White House has promised a veto on this bill if passed. Status: Passed House Passed Senate as Amended. Sent back to House

12/01/2015 The Protecting Local Business Opportunity Act (H.R. 3459, S. 2015) seeks to

overturn a recent NLRB decision in Browning-Ferris. In this decision, the Board created a new "indirect control" standard for assessing joint employment under the National Labor Relations Act. The Board determined that if an entity affects the means and manner—either directly or indirectly—of the work terms and conditions of another entity's employees, it will be considered a joint employer with the other entity. Section 2(2) of the NLRA would be amended by adding the following language:

Notwithstanding any other provision of this Act, two or more employers may be considered joint employers for purposes of this Act only if each shares and exercises control over essential terms and conditions of employment and such control over these matters is actual, direct, and immediate.

Status: Introduced. Reported by the Committee on Education and the Workforce.

11/23/2015 H.Res.506 Expresses the sense of the House of Representatives that a working families agenda is established to:

raise the minimum wage, strengthen workers' right to organize, and protect workers from misclassification;

provide workers with paid sick days, paid family leave, flexible and stable schedules, access to high-quality early learning opportunities, and affordable child care; and

strengthen the law guaranteeing equal pay for equal work, ensure specified rights for pregnant workers, and ensure workers have explicit protections from discrimination based on their sexual orientation and gender identity.

Declares the sense of the House furthermore that hearings and votes should be held on specified House bills, including H.R. 2150, the Raise the Wage Act, and H.R. 1439, the Family and Medical Insurance Leave Act (FAMILY Act). Status: Introduced. Referred to Education and the Workforce; Ways and Means; House Administration; Oversight and Government Reform; Judiciary; Subcommittee on the Constitution and Civil Justice.

11/19/2015 The Supporting Working Moms Act of 2015 (S. 2321 and H.R. 4113) would amend the Fair Labor Standards Act of 1938 regarding reasonable break time for nursing mothers. Status: Introduced. Referred to Committee on Health, Education, Labor, and Pensions.

11/19/2015

The Driver Fatigue Prevention Act (S. 2322) would amend the Fair Labor Standards Act of 1938 to provide that over-the-road bus drivers are covered under the maximum hours requirements. Status: Introduced. Referred to Committee on Health, Education, Labor, and Pensions.

11/19/2015 The Church Plan Clarification Act (S. 2308 and H.R. 4085) would clarify the

application of certain tax laws and regulations to church pension plans. The provisions address how controlled group rules, grandfathered defined benefit plans, automatic enrollment, transfers between 403(b) and 401(a) plans, and 81-100 trusts would be handled for church plans. Status: Introduced. Referred to Committee on Finance

11/19/2015 The Church Plan Clarification Act (H.R. 4085 and S. 2308) would clarify the application of certain tax laws and regulations to church pension plans. The provisions address how controlled group rules, grandfathered defined benefit plans, automatic enrollment, transfers between 403(b) and 401(a) plans, and 81-100 trusts would be handled for church plans. Status: Introduced. Referred to House Committee on Ways and Means

11/17/2015 The Pension Accountability Act (H.R. 4029) would amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 with respect to participant votes on the suspension of benefits under multiemployer plans in critical and declining status. Status: Introduced. Referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means.

11/16/2015 The Empowering Patients First Act (H.R. 2300, S. 2519), would fully repeal and replace the Affordable Care Act (ACA). Status: Introduced. Referred to Energy and Commerce; Ways and Means; Education and the Workforce; Judiciary; Natural Resources; House Administration; Rules; Appropriations; Oversight and Government Reform; Subcommittee on Health, Employment, Labor, and Pensions

11/16/2015 H.R. 1432 – To amend the National Labor Relations Act and the Railway Labor Act to prohibit preemption of state identity theft laws would amend the National Labor Relations Act and the Railway Labor Act to declare that nothing in those Acts shall be construed to preempt a law of any state, U.S. territory, or the District of Columbia that prohibits, criminalizes, or creates a civil cause of action for identity theft or the release of an individual's personally identifiable information. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Health, Employment, Labor, and Pensions; House Transportation and Infrastructure; Subcommittee on Railroads, Pipelines, and Hazardous Materials.

11/16/2015 H.R.1440 - To amend the Age Discrimination in Employment Act of 1967 to treat employment as a field emergency medical service practitioner in the same manner as employment as a firefighter for purposes of such Act would amend the Age Discrimination in Employment Act of 1967 to treat field emergency medical service practitioners in the same manner as firefighters or law enforcement officers for purposes of exempting state employers from otherwise prohibited age discrimination practices. Allows an employer that is a state, political subdivision, and interstate agency to fail or refuse to hire, or to discharge, any such practitioner because of the individual's age if the employer provides the practitioner an annual opportunity to demonstrate physical and mental fitness by passing a job performance test

identified by the Department of Health and Human Services in order to continue employment. Defines "field emergency medical service practitioner" as an employee, the duties of whose position are primarily to perform work directly connected with the responsibility of administration of specialized pre-hospital emergency care for victims of acute illnesses or injury, including an employee engaged in such activity who is transferred to a supervisory or administrative position. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections

11/16/2015 The No Taxpayer Bailouts for Unsustainable State and Local Pensions Act (H.R. 1476) would prohibit the Secretary of the Treasury and the Board of Governors of the Federal Reserve System from providing loans, grants, or other forms of financial assistance to state and local government pension plan funds. Status: Introduced. Referred to House Education and the Workforce; Financial Services.

11/16/2015 The Union Integrity Act (H.R. 1513) would amend the Labor-Management Reporting and Disclosure Act of 1959 to provide whistleblower protection for union employees. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Health, Employment, Labor, and Pensions.

11/16/2015 The Paycheck Fairness Act (H.R. 1619 same as S. 862) would amend the portion of the Fair Labor Standards Act of 1938 known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience. States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation, (2) is job-related with respect to the position in question, (3) is consistent with business necessity, and (4) accounts for the entire deferential in compensation at issue. Makes such defense inapplicable where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and (2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the

employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. Amends the Civil Rights Act of 1964 to require the EEOC to issue regulations for collecting from employers compensation data and other employment-related data (including hiring, termination, and promotion data) disaggregated by the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey, (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity, and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. Directs the Secretary and the Commissioner [sic] of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act. Status: Introduced. Referred to House Committee on Education and the

Workforce; Subcommittee on Workforce Protections.

11/16/2015 The Fair Pay Act of 2015 (H.R. 1787) would amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, systems that measure earnings by quantity or quality of production, or differentials based on bona fide factors that the employer demonstrates are job-related or further legitimate business interests.) Prohibits the discharge of, or any other discrimination against, an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Directs the Equal Employment Opportunity Commission to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; and (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act. Makes conforming amendments relating to congressional and executive branch employees to the Congressional Accountability Act of 1995 and the Presidential and Executive Office Accountability Act. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 H.R. 1848 (same as S. 974) is entitled To amend the Fair Labor Standards Act of 1938 to prohibit employment of children in tobacco-related agriculture by deeming such employment as oppressive child labor. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 The Employee Benefits Protection Act of 2015 (H.R. 1856) would amend the Employee Retirement Income Security Act of 1974 (ERISA) to require the mandatory summary description of a group health plan to declare: (1) whether the plan permits either the plan sponsor or any participating employer to unilaterally modify or terminate plan benefits affecting employees, retirees, and beneficiaries; and (2) when and to what extent plan benefits are fully vested with respect to these individuals. Presumes that retiree health benefits cannot be modified or terminated as of the date an employee retires or completes 20 years of service with the employer. Allows this presumption to be overcome only upon a showing, by clear and convincing evidence, that the employee, before becoming a plan participant, was made aware, in clear and unambiguous terms, that the plan allowed for such a modification or termination of benefits. Amends the National Labor Relations Act to make it an unfair labor practice for a labor organization and employer to enter into a contract or agreement to modify a

previous agreement in a manner that results in a reduction or termination of retiree health insurance benefits, if the modification occurs after the retiree's retirement date. Directs the Government Accountability Office to report to Congress on strategies used by corporations to avoid obligations to pay promised employee and retiree benefits. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Health, Employment, Labor, and Pensions.

11/16/2015 The Protecting American Jobs Act (H.R. 1893) would amend the National Labor Relations Act to modify the authority of the National Labor Relations Board with respect to rulemaking, issuance of complaints, and authority over unfair labor practices. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Health, Employment, Labor, and Pensions.

11/16/2015 A bill entitled To amend the Occupational Safety and Health Act of 1970 to allow employers a grace period to abate certain occupational health and safety violations before being subject to a penalty under such Act (H.R. 1932) would amend the Occupational Safety and Health Act by inserting after the first sentence in Section 10(a) “No such penalty may be assessed for a violation that is determined not to be willful, repeated, or serious as described in section 17(k), during the period of time fixed for abatement of the violation in the citation issued under section 9(a) or final order issued under this section, as the case may be, and no such penalty may be assessed for such a violation if such violation shall have been abated by the employer in accordance with such citation or final order before the end of such time period.” Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 The 21st

Century Civilian Conservation Corps Act (H.R. 1966) would establish a Civilian Conservation Corps to employ unemployed or underemployed U.S. citizens in the construction, maintenance, and carrying on of works of a public nature, such as forestation of U.S. and state lands, prevention of forest fires, floods, and soil erosion, and construction and repair of National Park System paths and trails. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Higher Education and Workforce Training.

11/16/2015 The Employee Bonus Protection Act (H.R. 1981) would amend the Fair Labor Standards Act of 1938 to provide that an employee's `regular rate' for purposes of calculating overtime compensation will not be affected by certain additional payments. Section 7(e) of the FLSA would be amended by inserting before the semicolon at the end of paragraph (3) the following: ; or (d) the payments are made to reward an employee or group of employees for meeting or exceeding the productivity, quality, efficiency, or sales goals as specified in a gainsharing plan, incentive bonus plan, commission plan, or performance contingent bonus plan; and inserting at the end “A plan described in clause (d) of paragraph (3) shall be in writing and made available to employees, provided that the amount of the

payments to be made under the plan be based upon a formula that is stated in the plan, and be established and maintained in good faith for the purpose of distributing to employees additional remuneration over and above the wages and salaries that are not dependent upon the existence of such plan or payments made pursuant to such plan.” Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 The Intern Protection Act (H.R. 2034) would prohibit certain employers from refusing to employ, discriminating against, or harassing interns because of age, race, religion, color, national origin, sex, sexual orientation, military status, disability, gender identity, predisposing genetic characteristics, marital status, or status as a victim of domestic violence. Bars employers from compelling a pregnant intern to take a leave of absence, unless the intern is prevented by such pregnancy from performing internship activities in a reasonable manner. Prohibits employers from engaging in certain unwelcome sexual advances or other verbal or physical conduct of a sexual nature to an intern when: (1) submission is a condition for continuing the internship or a basis for employment decisions; or (2) the conduct unreasonably interferes with work performance by creating an intimidating, hostile, or offensive working environment. Makes the age discrimination prohibitions of this Act applicable only to individuals who are at least 40 years of age. Authorizes the Equal Employment Opportunity Commission, the Librarian of Congress, the Board of Directors of Congress's Office of Compliance, the Department of Justice, the President, the Merit Systems Protection Board, and U.S. courts to enforce this Act under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, the Congressional Accountability Act of 1995, and other laws granting rights and protections to certain applicants and employees. Status: Introduced. Referred to Education and the Workforce; Subcommittee on Workforce Protections; House Administration; House Oversight and Government Reform; House Judiciary; Subcommittee on Constitution and Civil Justice.

11/16/2015 The Protecting American Workers Act (H.R. 2090 same as S. 1112) would amend the Occupational Safety and Health Act of 1970 to expand coverage under the Act, to increase protections for whistleblowers, to increase penalties for high gravity violations, to adjust penalties for inflation, to provide rights for victims or their family members, and for other purposes. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 The Raise the Wage Act (H.R. 2150 same as S. 1150) would raise the minimum wage to $8.00 effective January 1, 2016, then $1 more for each following year to $12.00. Subsequent to these increases, the minimum wage would increase at the same rate as the increase in the median hourly wage of all employees, rounded to the nearest $0.05.

Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 The Outdoor Recreation Enhancement Act (H.R. 2215) would broaden an exemption to the minimum wage and maximum hours provisions of that Act for certain seasonal workers in national parks and forests. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 H.R. 2384 – To prohibit any appropriation of funds for the National Labor Relations Board. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Health, Employment, Labor, and Pensions.

11/16/2015 The Voluntary Protection Act (H.R. 2500) directs the Secretary of Labor to enter into cooperative agreements with employers to:

encourage establishment of comprehensive safety and health management systems to protect employees from occupational hazards, and

establish a voluntary protection program to encourage excellence and recognize its achievement in both the technical and managerial protection of employees from occupational hazards.

Requires the Secretary to take necessary steps for the orderly transition from Occupational Safety and Health Administration cooperative agreements and voluntary protection programs existing before enactment of this Act to agreements and programs authorized under this Act. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 A bill entitled To amend the Fair Minimum Wage Act of 2007 to stop a scheduled increase in the minimum wage applicable to American Samoa and to provide that any future increases in such minimum wage shall be determined by the government of American Samoa (H.R. 2574) describes its intent. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 The Pregnant Workers Fairness Act (H.R. 2654 same as S. 1512) is intended to eliminate discrimination and promote women's health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition. The Act declares that it is an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to:

fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation;

require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job;

deny employment opportunities based on the need of the entity to make such reasonable accommodations;

require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations; or

take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations.

Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. Prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this Act. Status: Introduced. Referred to House Education and the Workforce; House Administration: House Oversight and Government Reform; House Judiciary; House Subcommittee on the Constitution and Civil Justice; Subcommittee on Workforce Protections.

11/16/2015 A bill entitled To Amend the Fair Minimum Wage Act of 2007 to postpone a scheduled increase in the minimum wage applicable to American Samoa (H.R. 2575 similar to H.R. 2617) describes its intent. Section 8103 (b)(2)(C) of the Act would be amended by striking “and 2014” and inserting “2014, 2015, and 2016”. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 The Children’s Act for Responsible Employment of 2015 or the Care Act of 2015 (H.R. 2764) amends the Fair Labor Standards Act of 1938 to define "oppressive child labor," for purposes of the Act's child labor prohibitions, as the employment of any employee who is:

16 or 17 in any occupation found by the Department of Labor to be particularly hazardous for their employment or detrimental to their health or well-being;

14 or 15, unless the employment is confined to periods which do not interfere with the employee's schooling, health, or well-being; or

under 14. Revises the Act's exemptions to make the restrictions on oppressive child labor

inapplicable to the following:

employment in agriculture of an employee under age 18 by his or her parent, or by a person standing in the place of the parent, on a farm owned by the parent or person (current law uses an age- and consent-based scheme); and

employment of an employee under age 16 by a parent, or a person standing in place of a parent, other than in agriculture, manufacturing, mining, or any other employment the Department finds to be particularly hazardous for the employment of children age 16 or 17 or detrimental to their health or well-being. (Current law applies the child labor restrictions to particularly hazardous agricultural employment, except where the child is employed by a parent or a person standing in place of the parent on a farm owned or operated by such person).

Eliminates any waiver of such prohibitions for hand-harvesting of certain crops. Increases civil and establishes criminal penalties for child labor violations. Directs the Department to revise federal child labor regulations to prohibit the employment of children under age 18 in duties involving the handling of pesticides. Status: Introduced. Referred to Education and the Workforce Subcommittee on Workforce Protections.

11/16/2015 The Fair Access for Moms Act (H.R. 2836) would amend the Fair Labor Standards Act of 1938 to expand the number of employers required to provide a reasonable time and place for employees to express milk at the workplace. Status: Introduced. Referred to House Education and the Workforce.

11/16/2015 The PLUS Act (S. 1630) would amend the National Labor Relations Act and the Labor Management Relations Act, 1947 to deter labor slowdowns at ports of the United States, and for other purposes. Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions; Subcommittee on Workforce Protections.

11/16/2015 The Keep Our Pension Promises Act (H.R. 2844 same as S. 1631) would modify certain provisions to multiemployer pensions including the repeal of Section 201 of the Multiemployer Pension Reform Act of 2014. Section 201 deals with notice and approval requirements for benefit suspensions under plans in critical and declining status. Rules regarding the partition of such plans are also addressed. Status: Introduced. Referred to House Education and the Workforce, Ways and Means, Judiciary. Also referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law; Subcommittee on Health, Employment, Labor, and Pensions.

11/16/2015 The LADDER Act (H.R. 2873) would prohibit employers from requiring low-wage employees to enter into covenants not to compete, to require employers to notify potential employees of any requirement to enter into a covenant not to compete, and for other purposes.

Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 The Schedules that Work Act (H.R. 3071) is intended to allow employees to request work schedule changes without fear of retaliation and to ensure that employers consider their requests. Employers would also have to provide more predictable and stable schedules. The bill would also require employers to provide certain hourly workers in the food service, cleaning, and retail industries two weeks' advance notice of their work schedules. Employees required to be "on call" without the guarantee of additional work would be entitled to additional pay, as would employees who are sent home early, are scheduled for a “split shift;” or receive changes to their schedule with less than 24 hours’ notice. Status: Introduced. Referred to House Education and the Workforce, House Administration, Oversight and Government Reform and Judiciary. Also referred to Subcommittee on Constitution and Civil Justice; Subcommittee on Workforce Protections.

11/16/2015 The Pay Workers a Living Wage Act (H.R. 3164 same as S. 1832) would amend the FLSA to provide a minimum wage of no less than $9.00 in 2016, $10.50 the next year, then $12.00, $13.50, and $15.00 in the subsequent years. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Workforce Protections.

11/16/2015 The Employee Rights Act (H.R. 3222 same as S. 1874) would provide protections for workers with respect to their right to select or refrain from selecting representation by a labor organization. Status: Introduced. Referred to House Education and the Workforce; Subcommittee on Health, Employment, Labor, and Pensions.

11/16/2015 The Securing America’s Next Generation of Safe Loggers and Truckers Act (H.R. 3283) amends the Fair Labor Standards Act of 1938 to make the restrictions on oppressive child labor inapplicable to employment of an employee age 16 or 17 exclusively by a parent, or a person standing in place of a parent, in a logging operation owned or operated by that parent or person.. Status: Introduced. Referred to the Committee on Education and the Workforce, Committee on Transportation and Infrastructure; Subcommittee on Workforce Protections

11/16/2015 A bill entitled To amend the Fair Labor Standards Act of 1938 to ensure that employees are not misclassified as non-employees, and for other purposes (H.R. 3427 same as S. 1896) has been introduced. The bill includes provisions requiring notices to employees, prohibitions against discrimination for opposition to classifications, and fines of up to $1,100 or $5,000 for willful and repeated violations. Status: Introduced. Referred to Committee on Education and the Workforce; Committee on Ways and Means; Subcommittee on Workforce Protections.

11/16/2015 The PORTS Act (H.R. 3433 same as S. 1519) would amend the Labor Management Relations Act, 1947, to address slow-downs, strikes, and lock-outs occurring at ports in the United States.

Status: Introduced. Referred to House Education and the Workforce Committee; Subcommittee on Health, Employment, Labor, and Pensions.

11/04/2015 The Retirement Choice Protection Act of 2015 (H.R. 3922) would move the oversight of Individual Retirement (IRA) Accounts from the Department of Labor (DOL) to the Treasury Department. This bill is designed to work around the DOL’s proposed fiduciary rules. Status: Introduced. Referred to the House Education and the Workforce, and House Ways and Means Committee

11/03/2015 The Jobs! Jobs! Jobs! Act of 2015 (H.R. 3555) would provide tax relief to employers to “put workers back on the job.” Status: Introduced. Referred to Ways and Means; Small Business; Education and the Workforce; Judiciary; Transportation and Infrastructure; Financial Services; House Administration; Oversight and Government Reform; Budget; Subcommittee on the Constitution and Civil Justice

11/02/2015 Signed by President

The Bipartisan Budget Act of 2015 (H.R. 1314) is a budget deal in the works which has been approved by leaders in both the House and the Senate. One of the provisions includes a repeal of automatic enrollment for employers of 200+ employees under the ACA. This provision is currently under indefinite suspension by regulators. Defined benefit pension plan funding provisions allowed under MAP-21 are extended, PBGC premiums are increased, and custom mortality tables are allowed based on pension plan experience. Status: Passed by House Passed by Senate Signed by President

10/29/2015 The Employer Participation in Student Loan Assistance Act (H.R. 3861) would amend the Internal Revenue Service Code of 1986 to extend the exclusion for employer-provided educational assistance to employer payments of qualified education loans. Status: Introduced. Referred to House Ways and Means.

10/28/2015 The Wounded Warriors Federal Leave Act (H.R. 313, also S. 242) would provide the paid sick leave to military veterans with service-connected disabilities rated at 30 percent or more by the Department of Veterans Affairs. The aim is for veterans to be able to keep medical appointments during their first year of civilian federal employment without taking unpaid leave. Newly hired federal employees begin their federal government careers with a zero sick-leave balance. As a result, veterans with significant service-connected disabilities who have recently entered the federal workforce often don't have sufficient sick leave to attend medical appointments to treat their disabilities on a regular basis. Under the bill, employees would be required to submit eligibility certifications to their employing agencies as prescribed by the Office of Personnel Management or, for employees of the U.S. Postal Service, the postmaster general. Unused upfront leave provided to eligible veterans under the measure wouldn't

carry over into their second year of federal employment because by that time they would be expected to use the sick leave they accrued during their first year of employment. (BNA Highlights, 09/30/2015) Status: Passed by House. Passed by Senate Sent to President

10/27/2015 The Retail Investor Protection Act (H.R. 1090) would prohibit the Department of Labor (DOL) from finalizing its fiduciary rule until the Securities and Exchange Commission (SEC) finishes its own work regarding standards. President Obama is reported to be ready to veto this legislation. Status: Passed House Goes to Senate

10/26/2015 A bill To Amend the Fair Labor Standards Act of 1938 to strengthen equal pay requirements (S. 2200) would add prohibitions against retaliation for discussing compensation information. Status: Introduced

10/22/2015 Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015 (H.R. 3762) includes provisions that would repeal pieces of the Affordable Care Act. The bill would repeal the health care reform law’s individual and employer mandates, the “Cadillac” tax on high-cost insurance plans, as well as the medical device tax. The bill’s future in the Senate is uncertain but President Obama has stated that we will veto the bill if presented to him. Status: Passed House. Goes to Senate.

10/07/2015 The Pension Accountability Act (S. 2147) would amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 with respect to participant votes on the suspension of benefits under multiemployer plans in critical and declining status. Status: Introduced. Referred to Committee on Health, Education, Labor, and Pensions

10/07/2015 Signed by President

A bill entitled To Amend the Fair Minimum Wage Act of 2007 to postpone a scheduled increase in the minimum wage applicable to American Samoa (H.R. 2617 similar to H.R. 2575) describes its intent. Section 8103 (b)(2)(C) of the Act would be amended by striking “and 2014” and inserting “2014, 2015, 2016, and 2017”. Status: Passed House Passed Senate Signed by President .

10/07/2015 Signed by President

The Protecting Affordable Coverage for Employees Act (H.R. 1624) would define small group health plans under the ACA as 50 or fewer employees. The Congressional Budget Office stated that the bill should result in lower premiums for small companies. (BNA Highlights 10/02/2015.) Status: Signed by President

10/06/2015 The Workplace Democracy Act (S. 2142 same as H.R. 3690) would amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations. Status: Introduced. Referred to the Committee on Health, Education, Labor, and Pensions

10/01/2015 A bill to amend the Employee Retirement Income Security Act of 1974 to provide for greater spousal protection under defined contribution plans, and for other purposes (S. 2110) was introduced. Status: Introduced. Referred to Health, Education, Labor, and Pensions

09/30/2015 The Burdensome Data Collections Act (H.R. 414, related to S. 1722) would reverse an SEC rule requiring public companies to disclose the ratio of their CEO’s pay to the median pay of their employees. (BNA Highlights 10/02/2015.) Status: Introduced in House. Approved by House Financial Services Committee.

09/24/2015 The American Worker Health Care Tax Relief Act of 2015 (S. 2075) would repeal the Cadillac Tax. Status: Introduced. Referred to Senate Finance Committee

09/22/2015 The Workplace Action for a Growing Economy (WAGE) Act (S. 2042) would, among other things, provide employees with a private right to sue their employers in federal court for unfair labor practices, allow corporate officers to be held personally liable for NLRA violations, enhance the National Labor Relations Board's authority to seek redress for complainants, and authorize the award of civil fines against employers. While the measure has virtually no chance of being enacted this term, it serves as a "message" bill that will likely be referenced in the lead-up to the 2016 elections. Under the terms of the bill, an employer could be liable for back pay in addition to liquidated damages in the amount of double back pay. Violations deemed to result in "serious economic loss" to the employee could result in additional civil penalties of up to $50,000 per violation, or up to $100,000 per violation if the employer is a repeat offender. Corporate officers could be held personally liable. (Ilyse Schuman and Michael Lotito, “Bill Would Greatly Expand Penalties, Remedies for Unfair Labor Practices”, Littler Daily Publications Report, 9/16/2015.) Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions

09/17/2015 A bill to amend the Internal Revenue Code of 1986 to repeal the excise tax on high cost employer-sponsored health coverage (S. 2045) is a bi-partisan bill designed to eliminate the Cadillac Tax. Repealing the Cadillac tax is one of the few anti-ACA measures that garners Democratic support. Public service and labor unions have spoken out against the tax, saying it complicates collective bargaining agreements. Status: Introduced. Referred to Senate Finance

09/15/2015 The Federal Employees Paid Parental Leave Act (S. 2033) would give federal

employees the ability to take up to six weeks of paid leave for the birth, adoption, or foster placement of a child. Status: Introduced. Referred to the Senate Committee on Homeland Security and Governmental Affairs.

09/09/2015 The Protecting Local Business Opportunity Act (S. 2015, H.R. 3459) seeks to overturn a recent NLRB decision in Browning-Ferris. In this decision, the Board created a new "indirect control" standard for assessing joint employment under the National Labor Relations Act. The Board determined that if an entity affects the means and manner—either directly or indirectly—of the work terms and conditions of another entity's employees, it will be considered a joint employer with the other entity. Section 2(2) of the NLRA would be amended by adding the following language:

Notwithstanding any other provision of this Act, two or more employers may be considered joint employers for purposes of this Act only if each shares and exercises control over essential terms and conditions of employment and such control over these matters is actual, direct, and immediate.

Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions

08/05/2015 The TIME Act (S. 2001) is a bill to phase out special wage certificates under section 14(c) of the Fair Labor Standards Act of 1938 that allow individuals with disabilities to be paid at subminimum wage rates. Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions Committee

07/31/2015 Signed by President

The Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (H.R. 3236) has been enacted. The short-term measure will maintain transportation and highway funding through October 29, 2015. Among other items, the law includes a provision that will extend Internal Revenue Code Section 420 transfers of excess defined benefit pension plan assets to retiree health and life insurance accounts until 2025. Additionally, the law provides an exemption from the employer mandate for veterans under the Affordable Care Act. (Weekly Aon Hewitt Washington Report, 08/03/2015) Status: Signed by the President

07/31/2015 The Drive Act (H.R. 22 – formerly the Hire More Heroes Act of 2015) amends the Internal Revenue Code to add a provision to exempt any employee with coverage under a health care program administered by the Department of Defense, including the TRICARE program, or by the Veterans Administration, from classification as an eligible employee of an applicable large employer for purposes of the employer mandate under the Patient Protection and Affordable Care Act to provide such employees with minimum essential health care coverage. Status: Passed House. Passed Senate.

07/29/2015 The Payroll Fraud Prevention Act of 2015 (H.R. 3427) would add additional reporting requirements and penalties for employers. Employers would be required to give written notice to staff to specify whether they have been classified as an

employee or non-employee. Employee misclassifications could result in up to $1,100 in civil penalties. Repeated violations could incur penalties up to $5,000. Per ranking member Hon. Robert C. Scott: “Workers who are misclassified as independent contractors are denied the wages they’ve earned, the benefits to which they’re entitled, and protections they deserve under the law. Dishonest businesses that misclassify their workforce put law-abiding small businesses at a disadvantage when competing for contracts. “The Payroll Fraud Prevention Act would require proper classification of employees and make it a violation of the Fair Labor Standards Act to misclassify them. This bill is a responsible solution that helps both workers and businesses that play by the rules.” Status: Introduced. Referred to House Ways and Means Committee

07/29/2015 The Wounded Warriors Federal Leave Act (S. 242 also H.R. 313), approved by unanimous consent July 28, would provide 104 hours of paid sick leave to military veterans with service-connected disabilities rated at 30 percent or more by the Department of Veterans Affairs so they can receive medical attention during their first year of civilian federal employment without taking unpaid leave. Status: Passed Senate. Held at the desk House companion bill H.R. 313 passed so this bill likely dies

07/29/2015 The Regulations from the Executive in Need of Scrutiny Act of 2015 (HR. 427) revises "provisions relating to congressional review of agency rulemaking to require a federal agency promulgating a rule to include in its report to Congress and to the Comptroller General a classification of the rule as a major or non-major rule." Among other items, H.R. 427 establishes the congressional approval procedure for major rules and the congressional disapproval procedure for non-major rules. Any major regulation with an annual economic impact of $100 million would have to obtain congressional approval before becoming effective. The White House has threatened to veto the bill. (Weekly Aon Hewitt Washington Report, 08/03/2015) Status: Passed House. Goes to Senate.

07/29/2015 The Workforce Development Investment Act of 2015 (H.R. 3362) would allow employers a credit against income tax as an incentive to partner with community colleges or other educational institutions to improve workforce development and job training for students. Status: Introduced. Referred to House Ways and Means.

07/28/2015 The Employee Rights Act (S. 1874 same as H.R. 3222) would provide protections for workers with respect to their right to select or refrain from selecting representation by a labor organization. Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions.

07/22/2015 The Pay Workers a Living Wage Act (S. 1832 same as H.R. 3164) would amend the FLSA to provide a minimum wage of no less than $9.00 in 2016, $10.50 the next year, then $12.00, $13.50, and $15.00 in the subsequent years.

Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions.

07/21/2015 The Highway and Transportation Funding Act of 2015 (H.R. 3038) would extend the time period for using over-funded pension plan’s excess assets from 2021 to 2025 to pay for retiree medical accounts and retiree life insurance. Status: Passed House. Referred to Senate.

07/16/2015 The Be Open Act (H.R. 3112) would repeal a requirement that new employees of large employers (over 200 employees) be automatically enrolled in employer health plans. Specifically, Section 18A of the FLSA as added by section 1511 of the Patient Protection and Affordable Care Act would be repealed. Status: Introduced. Referred to House Committee on Education and the Workforce.

07/08/2015 The Salary Collection Regulatory Relief Act (S. 1722, related to H.R. 414) would repeal Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. In effect, this would reverse an SEC rule requiring public companies to disclose the ratio of their CEO’s pay to the median pay of their employees. Status: Introduced in Senate

07/01/2015 The Release the Kraken Act of 2015 authorizes the Department of Labor to conduct unfettered war against US business. Status: Apparently approved by the President

06/29/2015 Signed by President

The Trade Preferences Extension Act of 2015 (Trade Act – H.R. 1295 and S. 1267), which President Obama signed into law on June 29, 2015, included provisions that increase information reporting penalties, effective for information returns and payee statements due to be filed or provided after December 31, 2015. The penalties will apply to Affordable Care Act reporting required under Internal Revenue Code Sections 6055 and 6056 and other information reporting. The penalty increases are significant. For example, the current $100 penalty for failure to provide an information return will increase to $250, with the maximum penalty doubling to $3 million, up from $1.5 million. The Trade Act also extended the health coverage tax credit for workers receiving Trade Adjustment Assistance, including workers with certain COBRA coverage and spousal group health plan coverage. (Weekly Aon Hewitt Washington Report, 07/13/2015) Status: Signed by President

06/24/2015 The Vested Employee Pension Benefit Protection Act (S. 1658) is intended to amend the Internal Revenue Code of 1986 to protect employees in the building and construction industry who are participants in multiemployer plans. It basically provides that individuals in such plans will be allowed to take in-service distributions ate age 62 without causing the plan to fail its qualified status. Status: Introduced. Referred to Senate Finance.

06/18/2015 The Keep Our Pension Promises Act (S. 1631 same as H.R. 2844) would modify certain provisions to multiemployer pensions including the repeal of

Section 201 of the Multiemployer Pension Reform Act of 2014. Section 201 deals with notice and approval requirements for benefit suspensions under plans in critical and declining status. Rules regarding the partition of such plans are also addressed. Status: Introduced. Referred to Senate Finance.

06/18/2015 The Pregnancy Discrimination Amendment Act (H.R. 2800 same as S. 1590) would amend the “comparators” language in the Pregnancy Discrimination Act by clarifying that a pregnant employee temporarily unable to do her job due to the pregnancy must be treated the same as an employee who is temporarily impaired to do a job, in which the working conditions are similar and both employees are employed by the same employer. Status: Introduced.

06/18/2015 The Offshore Oil and Gas Worker Whistleblower Protection Act of 2015 (H. R. 2824) would provide whistleblower protections to certain workers in the offshore oil and gas industry. Status: Introduced. Referred to House Education and the Workforce.

06/17/2015 The Pregnancy Discrimination Amendment Act (S. 1590 same as H.R. 2800) would amend the “comparators” language in the Pregnancy Discrimination Act by clarifying that a pregnant employee temporarily unable to do her job due to the pregnancy must be treated the same as an employee who is temporarily impaired to do a job, in which the working conditions are similar and both employees are employed by the same employer. Status: Introduced. Referred to Committee on Health, Education, Labor, and pensions.

06/17/2015 The PORTS Act (S. 1519) would amend the Labor Management Relations Act, 1947 to address slowdowns, strikes, and lock-outs occurring at ports in the United States. Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions; Senate Commerce, Science, and Transportation; Senate Health, Education, Labor, and Pensions.

06/11/2015 The Guaranteed Paid Vacation Act (S. 1564) would require employers to provide no less than 10 days of paid vacation time to eligible employees. Eligible employees are those who have been employed for not less than one year and who worked not less than 1,250 hours in previous year. Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions.

06/04/2015 The Pregnant Workers Fairness Act (S. 1512 same as H.R. 2654) is intended to eliminate discrimination and promote women's health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition. The Act declares that it is an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to:

fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation;

require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job;

deny employment opportunities based on the need of the entity to make such reasonable accommodations;

require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations; or

take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations.

Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. Prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this Act. Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions.

06/04/2015 The Mobility and Opportunity for Vulnerable Employees Act (S. 1504) would prohibit employers from requiring low-wage employees to enter into covenants not to compete, to require employers to notify potential employees of any requirement to enter into a covenant not to compete. The “livable hourly rate referred to in the legislation is $15 for the first fiscal year and adjusted for inflation thereafter. Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions.

06/04/2015 The PORTS Act (S. 1519 same as H.R. 3433) would amend the Labor Management Relations Act, 1947, to address slow-downs, strikes, and lock-outs occurring at ports in the United States. Status: Introduced. Referred to Senate Commerce, Science, and Transportation, Senate Health, Education, Labor, and Pensions.

05/22/2015 The Stop Blood Tomatoes Act (H.R. 2385) would require certain large companies to submit to an independent annual audit of their supply chains to verify that their supply chains are free of child and forced labor. Status: Introduced. Referred to House Energy and Commerce; Subcommittee on Commerce, Manufacturing and Trade.

05/21/2015 The Permanently Ending Receipt by Prisoners Act (H.R. 2503) would prevent

payment of unemployment benefits to prisoners. Status: Introduced. Referred to House Ways and Means.

05/15/2015 A bill entitled To ensure receipt of all health insurance benefits to which a member of a union is entitled (H.R. 2349) would, for the purpose of collective bargaining agreements, all monies designated for health insurance plans or funds shall be, without exception, fully reciprocated to a worker’s home health plan or fund. Status: Introduced. Referred to House Education and the Workforce.

05/13/2015 “A bill to amend the Employee Retirement Income Security Act of 1974 to require a lifetime income disclosure” aka the Lifetime Income Disclosure Act (S. 1317) which would require 401(k) plan sponsors “to inform participating workers of the projected monthly income they could expect at retirement based on their current account balance.” Status: Introduced. Referred to Senate Finance.

05/06/2015 Budget resolution S. Con. Res. 11 An original concurrent resolution setting forth the congressional budget for the United States Government for fiscal year 2016 and setting forth the appropriate budgetary levels for fiscal years 2017 through 2025 includes wording to repeal the Affordable Care Act. Status: Agreed to in the House. Passed Senate. Message sent to the House.

05/01/2015 The Opportunity Kindling New Options for Career and Knowledge Seekers Act (H.R. 2219) is intended to ensure that individuals who are in an authorized job training program or completing work for a degree or certificate remain eligible for regular unemployment compensation. Status: Introduced. Referred to House Ways and Means.

04/30/2015 The Raise the Wage Act (S. 1150 same as H.R. 2150) would raise the minimum wage to $8.00 effective January 1, 2016, then $1 more for each following year to $12.00. Subsequent to these increases, the minimum wage would increase at the same rate as the increase in the median hourly wage of all employees, rounded to the nearest $0.05. Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions.

04/30/2015 The Robert C. Byrd Mine Safety Protection Act of 2015 (S. 1145) is intended to improve compliance with mine safety and health laws, empower miners to raise safety concerns, prevent future mine tragedies. Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions.

04/29/2015

The Promotion and Expansion of Private Employee Ownership Act of 2015 (H.R. 2096) includes provisions to encourage owners of S Corporations to sell their stock to an ESOP, expand financing opportunities for S Corporation ESOPs,

provide technical assistance for companies that may be interested in forming an S Corporation ESOP, and ensure that small businesses that become ESOPs retain their Small Business Association certification. (NewsDash from PLANSPONSOR.com, 05/01/2015) Status: Introduced. Referred to House Committees on Education and the Workforce, Small Business, and Ways and Means.

04/29/2015 The Raise Act (H.R. 1003 and S. 507) would amend the National Labor Relations Act to permit employers to pay higher wages to their employees. Status: Introduced. Referred to House Committee on Education and the Workforce and Subcommittee on Health, Employment, Labor, and Pensions. Referred to Subcommittee on Health, Employment, Labor, and Pensions.

04/29/2015 The TIME Act (H.R. 188) would phase out special wage certificates under the Fair Labor Standards Act of 1938 under which individuals with disabilities may be employed at subminimum wage rates. Status: Introduced. Referred to House Committee on Education and the Workforce, and also the Subcommittee on Workforce Protections.

04/29/2015 The Healthy Families Act (H.R. 932 and S. 497) would require employers with at least 15 employees to allow workers to earn up to 7 days of paid sick leave annually. Status: Introduced. Referred to House Committees on Education and the Workforce, House Administration, House Oversight and Government Reform, also Subcommittees on Health, Employment, Labor, and Pensions, and Workforce Protections. Also referred to Subcommittee on Health, Employment, Labor, and Pensions.

04/29/2015 The Working Families Act of 2015 (H.R. 465 same as S. 233) would amend the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year. Requires an employer to give employees 30-day notice before discontinuing compensatory time off. Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time. Makes an employer who violates such requirements liable to the affected

employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used. Directs the Comptroller General to report to Congress every three years on: (1) the extent to which employers provide compensatory time off and employees opt to receive it; (2) the number of complaints filed by an employee with the Secretary of Labor alleging a violation of the requirements as well as enforcement actions commenced by the Secretary on behalf of an aggrieved employee; (3) the disposition of such complaints and actions; and (4) any unpaid wages, damages, penalties, injunctive relief, or other remedies sought by the Secretary in connection with such actions. Status: Introduced. Referred to House Committee on Education and the Workforce, and Subcommittee on Workforce Protections.

04/29/2015 A bill entitled To amend the Employee Retirement Income Security Act of 1974 to permit multiemployer plans in critical status to modify plan rules relating to withdrawal liability, and for other purposes (H.R. 458) would revise requirements permitting multiemployer plans to adopt alternative rules for computing the payment of an employer's withdrawal liability to include a plan in critical status whose plan sponsor determines it cannot be expected to emerge from that status by the end of the rehabilitation period. Status: Introduced. Referred to House Committee on Education and the Workforce, and also the Subcommittee on Health, Employment, Labor, and Pensions.

04/29/2015 The New Chance for a New Start in Life Act of 2015 (H.R. 78) would authorize the Secretary of Labor to make grants to States, units of local government, and Indian tribes to carry out employment training programs to assist long-term unemployed job hunters obtain the skills and training to reenter the workforce and fill jobs in high-growth sectors of the economy. Status: Introduced. Referred to the House Committee on Education and the Workforce, and also the Subcommittee on Higher Education and Workforce Training.

04/29/2015 A bill entitled To amend the Black Lung Benefits Act to provide equity for certain eligible survivors, and for other purposes (H.R. 130) would amend the Black Lung Benefits Act, with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981, to eliminate exceptions to: (1) the applicability of certain provisions regarding rebuttable presumptions; and (2) the prohibition against requiring eligible survivors of a miner determined to be eligible for black lung benefits to file a new claim or refile or otherwise revalidate the miner's claim. The amendments made by this Act would apply to claims filed after January 1, 2005, that were pending on or after March 23, 2010. Status: Introduced. Referred to House Committee on Education and the Workforce, and also the Subcommittee on Workforce Protections.

04/29/2015 A bill entitled To amend the Internal Revenue Code of 1986 to modify safe harbor requirements applicable to automatic contribution arrangements, and for other purposes (H.R. 557) was introduced in House. In short, the legislation would help facilitate the adoption of private multi-employer pension plans among small employers. The legislation would encourage defined contribution plans to

adopt auto-enrollment and auto-escalation features, as well as allowing employers to use a “stretch match” to incent employees to save for retirement. Additionally, the bill would expand tax incentives for small businesses to offer retirement plans and make it easier for more individuals to access the Savers’ Credit. Status: Introduced. Referred to House Committees on Education and the Workforce, Ways and Means, and the Subcommittee on Health, Employment, Labor, and Pensions.

04/29/2015 The National Right to Work Act (H.R. 612 same as S. 391) is intended to preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities. Status: Introduced. Referred to House Committee on Education and the Workforce, also the Subcommittee on Health, Employment, Labor, and Pensions.

04/29/2015 The Original Living Wage Act of 2015 (H.R. 122) states that: (1) the federal minimum wage should, as a minimum, be adjusted every four years so that a person working for it may earn an annual income at least 15% higher than the federal poverty threshold for a family of four; (2) it should be set at a level high enough to allow two full-time minimum wage workers to earn an income above the national housing wage; and (3) Congress, any of the several states, the District of Columbia, any U.S. territories or possessions, any Indian tribe, or local or state government may establish a higher minimum wage requirement than that established in this Act.

The bill amends the Fair Labor Standards Act of 1938 to increase the federal minimum wage to at least the amount determined by the Secretary of Labor according to the formula prescribed by this Act beginning September 1, 2015.

The bill requires the Secretary to determine such minimum wage rate by June 1, 2015, and once every four years thereafter. It would prohibit any adjustment if the determination would result in a minimum wage lower than the current one.

Requires the minimum wage so determined to be the minimum hourly wage sufficient for a person working for it 40 hours per week, 52 weeks per year, to earn an annual income 15% higher than the federal poverty threshold for a four-person household, with two children under age 18, and living in the 48 contiguous states, as published for each such year by the Census Bureau.

Status: Introduced. Referred to the House Committee on Education and the Workforce, and also the Subcommittee on Workforce Protections.

04/29/2015 A bill entitled To repeal the Patient Protection and Affordable Care Act and health-care related provisions in the Health Care and Education Reconciliation Act of 2010, and for other purposes (H.R. 596) would repeal the ACA. The bill would also provide direction on drafting replacement legislation within 180 days of the bill’s passage. President Obama has stated that he will veto the bill if passed by the Senate. (Weekly Aon Hewitt Washington Report, 02/09/2015) Status: Passed House. Received in Senate.

04/29/2015 The Worksite Reporting Act (H.R. 128) would direct the Secretary of Labor to

revise certain regulations under the Occupational Safety and Health Act of 1970 so as to require site-controlling employers to keep a site log for all recordable injuries and illnesses occurring among all employees on the particular site, whether such employees are employed directly by the site-controlling employer or are employed by contractors or temporary help or employee leasing services. Status: Introduced. Referred to the House Committee on Education and the Workforce, and also the Subcommittee on Workforce Protections.

04/28/2015 The Protecting American Workers Act (S. 1112 same as H.R. 2090) would amend the Occupational Safety and Health Act of 1970 to expand coverage under the Act, to increase protections for whistleblowers, to increase penalties for high gravity violations, to adjust penalties for inflation, to provide rights for victims or their family members, and for other purposes. Status: Introduced. Referred to Senate Committee on Health, Education Labor, and Pensions.

04/28/2015 H.R. 2050 is entitled To amend the Internal Revenue Code of 1986 to repeal the excise tax on high cost employer-sponsored health coverage. Status: Introduced. Referred to Committee on Ways and Means.

04/20/2015 The Preserving Freedom and Choice in Health Care Act (S. 1016) would allow the extension of federal tax credits for ACA coverage elections for the months after December 31, 2013, and prior to September 2017. Status: Introduced. Referred to Senate Committee on Finance.

04/16/2015 S. 974 (same as H.R. 1848) is entitled To amend the Fair Labor Standards Act of 1938 to prohibit employment of children in tobacco-related agriculture by deeming such employment as oppressive child labor. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

04/14/2015 The Workforce Democracy and Fairness Act (S. 933 same as H.R. 1768) would amend the National Labor Relations Act with respect to the timing of elections and pre-election hearings and the identification of pre-election issues, and to require that lists of employees eligible to vote in organizing elections be provided to the National Labor Relations Board. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

04/14/2015 The Workforce Democracy and Fairness Act (H.R. 1768 same as S. 933) would amend the National Labor Relations Act with respect to the timing of elections and pre-election hearings and the identification of pre-election issues, and to require that lists of employees eligible to vote in organizing elections be provided to the National Labor Relations Board. Status: Introduced. Referred to House Committee Education and the Workforce.

04/14/2015 The Employee Privacy Protection Act (H.R. 1767) would amend the National

Labor Relations Act to require the National Labor Relations Board, not earlier than seven days after it makes a final determination of the appropriate bargaining unit in a proposed election regarding collective bargaining representation, to acquire from the employer a list of all employees eligible to vote in the election, which shall:

(1) be made available to all parties, and

(2) include the employees' names as well as not more than one additional form of personal contact information (such as telephone number, email address, or mailing address) chosen by the employee in writing.

Status: Introduced. Referred to House Committee on Education and the Workforce.

04/14/2015 The America Star Act (S. 938) would establish a voluntary recognition program within the Department of Labor for companies supporting the US workforce in the previous calendar year. The bill sets forth proposes a detailed scoring system and ineligibility standards. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

04/13/2015 The Truth in Employment Act of 2015 (H.R. 1746) would amend the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status. Status: Introduced. Referred to House Committee on Education and the Workforce; Subcommittee on Health, Employment, Labor, and Pensions.

03/31/2015 Pocket Vetoed by President

S.J.Res 8 A Joint Resolution Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures. This resolution Disapproves and nullifies the rule submitted by the National Labor Relations Board and published December 15, 2014, relating to representation case procedures. The “S.J.Res.” in “S.J.Res. 8” means this is a Senate joint resolution in the United States Congress. A joint resolution is often used in the same manner as a bill. If passed by both the House and Senate in identical form and signed by the President, it becomes a law. Joint resolutions are also used to propose amendments to the Constitution. President Obama is expected to veto the resolution. A two-thirds vote in both the House and Senate would be required to override a presidential veto. SHRMA filed a lawsuit in December of 2014 to try to block the ambush rule. Status: Passed Senate. Passed House. Sent to President – Pocket Vetoed.

03/26/2015 The Workplace Advancement Act (S. 875) would amend the Fair Labor

Standards Act of 1938 to strengthen equal pay requirements. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

03/25/2015 The Paycheck Fairness Act (S. 862 same as H.R. 1619) would amend the portion of the Fair Labor Standards Act of 1938 known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience. States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation, (2) is job-related with respect to the position in question, (3) is consistent with business necessity, and (4) accounts for the entire deferential in compensation at issue. Makes such defense inapplicable where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential, and (2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills

training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. Amends the Civil Rights Act of 1964 to require the EEOC to issue regulations for collecting from employers compensation data and other employment-related data (including hiring, termination, and promotion data) disaggregated by the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey, (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity, and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. Directs the Secretary and the Commissioner [sic] of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

03/24/2015 The Preserving Employee Wellness Programs Act (H.R. 1189 and S. 620), proposes to reaffirm existing law (as opposed to recent EEOC interpretations), which allows for employee wellness programs tied to a financial reward. H.R. 1189 and S.620 clarify that an employee’s spouse may participate in the program as well. They also provide employees up to 180 days to request and complete an alternative wellness program if it is medically inadvisable or unreasonably difficult for an employee to participate in the original wellness program. In addition, the proposal does not limit the EEOC’s authority to investigate and litigate complaints of employment discrimination. Status: Introduced. Referred to House Committees on Education and the Workforce, Energy and Commerce, and Ways and Means. Also referred to the House Education and the Workforce Subcommittee on Workforce Protections.

03/24/2015 The EEOC Transparency and Accountability Act (H.R. 550) would direct the Equal Employment Opportunity Commission to maintain up-to-date information on its website regarding charges and actions brought by the Commission.

Status: Introduced. Referred to the House Committee on Education and the Workforce. Also referred to the Workforce Protections Subcommittee.

03/19/2015 The Family Friendly and Workplace Flexibility Act of 2015 (S. 803) would amend the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of at least 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time off only in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. Prohibits an employee from accruing more than 160 hours of compensatory time. Requires such an employee, however, to receive overtime compensation for any such time in excess of 160 hours. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year. Requires an employer to give employees 30-day notice before discontinuing a policy of compensatory time off. Prohibits an employer from intimidating, threatening, or coercing an employee in order to interfere with the employee's right to: (1) use or refrain from using accrued compensatory time off in lieu of receiving monetary compensation, or (2) refrain from entering into an agreement to accrue such compensatory time. Authorizes an employer to establish a flexible credit hour program for employees to accrue flexible credit hours and, in lieu of monetary compensation, reduce the number of hours the employee works in a subsequent day or week at a rate of one hour for each hour of employment for which overtime compensation is required to be paid. Authorizes an employer to carry out a flexible credit hour program only in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused flexible credit hour accrued during the preceding year. Requires an employer to give employees 30-day notice before discontinuing a policy of flexible credit hour program. Prohibits an employer from intimidating, threatening, or coercing an employee in order to interfere with the employee's right to: (1) elect or not to elect to participate in a flexible credit hour program or to work flexible credit hours, or (2) use or refrain from using accrued flexible credit hours. Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of unused compensatory time or each unused flexible credit hour accrued, plus an equal amount as liquidated damages. Prescribes certain employee protections for unused compensatory time off and unused flexible credit hours during a bankruptcy proceeding.

Directs the Comptroller General to report to Congress every three years on: (1) the extent to which employers provide compensatory time off and flexible credit hours and employees opt to receive them; (2) the number of complaints filed by an employee with the Secretary of Labor alleging a violation of the requirements as well as enforcement actions commenced by the Secretary on behalf of an aggrieved employee; (3) the disposition of such complaints and actions; and (4) any unpaid wages, damages, penalties, injunctive relief, or other remedies sought by the Secretary in connection with such actions. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

03/19/2015 The Representation Fairness Restoration Act (S. 801) would amend the National Labor Relations Act to revise requirements for determination by the National Labor Relation Board (NLRB) of an appropriate bargaining unit before an election of collective bargaining representation. (In effect reverses the NLRB's August 26, 2011, decision in Specialty Healthcare and Rehabilitation of Mobile and its June 22, 2011, rulemaking regarding proposed changes to procedures involving the election of collective bargaining representation.) Replaces the current restriction in the meaning of collective bargaining unit to employer unit, craft unit, plant unit, or subdivision. Requires the NLRB, instead, to determine a unit as appropriate for collective bargaining if it consists of employees that share a sufficient community of interest. Specifies factors the NLRB must consider when making such determinations. Prohibits exclusion of employees from the unit unless the group's interests are sufficiently distinct from those of other employees to warrant the establishment of a separate unit. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions

03/18/2015 The Flexibility for Working Families Act (S. 777) would authorize an employee to request from an employer a temporary or permanent change in the terms or conditions of the employee's employment if the request relates to: (1) the number of hours the employee is required to work, (2) the times when the employee is required to work or be on call for work, (3) where the employee is required to work, or (4) the amount of notification the employee receives of work schedule assignments. Sets forth certain employer duties with respect to such requests. Makes it unlawful for an employer to interfere with any rights provided to an employee under this Act. Authorizes an employee to file a complaint with the Secretary of Labor for any violations of such rights. Provides for the investigation and assessment of civil penalties or the award of relief for alleged violations, including the review in federal courts of appeal of orders of the Secretary. Requires the Secretary and certain federal agency administrative officers to provide information and technical assistance to employers, labor organizations, and the general public regarding compliance with this Act.

Requires the Administrator of the Wage and Hour Division of the Department of Labor to issue guidance on compliance with the Fair Labor Standards Act that provides a flexible work environment through changes in employee terms and conditions of employment provided in this Act. Applies the requirements of this Act to certain classes of employees, including employees of the Government Accountability Office and the Library of Congress. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

03/18/2015 The Family and Medical Insurance Act (S. 786 same as H.R. 1439) would establish the Office of Paid Family and Medical Leave within the Social Security Administration (SSA), to be headed by the Deputy SSA Commissioner. Entitles every individual to a family and medical leave insurance (FMLI) benefit payment for each month beginning on the first day of the first month in which the individual meets the criteria specified below and ending 365 days later (benefit period), not to exceed 60 qualified caregiving days per period. Qualifies for such a benefit payment any individual who: is insured for disability insurance benefits under the Social Security Act at the time his or her application is filed; has earned income from employment during the 12 months before filing it; has filed an application for a FMLI benefit in accordance with this Act; and was engaged in qualified caregiving (any activity, except regular employment, for a reason entitled to leave under the Family and Medical Leave Act of 1993), or anticipates being so engaged, during the 90-day period before the application is filed or within 30 days after. Prescribes a formula for determination of an individual's monthly FMLI benefit payment, as well as for the maximum and the minimum monthly benefit amounts. Requires a FMLI benefit payment to be coordinated with any periodic benefits received from temporary disability insurance or family leave insurance programs under any state law or plan, local government, or an instrumentality of two or more states. Prescribes criteria that makes an individual ineligible for a FMLI benefit payment.

Specifies prohibited acts by an employer, and penalties for violations. Establishes the Federal Family and Medical Leave Insurance Trust Fund in the Treasury. Requires FMLI benefit payments to be made only from this Fund. Prohibits the use of amounts from the Social Security Trust Fund or appropriated to the SSA to administer Social Security programs for FMLI benefits or administration. Amends the Internal Revenue Code to impose a tax on every individual and employer, all self-employment income, and every railroad employee, employee representative, or railroad employer to finance the Federal Family and Medical Leave Insurance Trust Fund in the Treasury for FMLI benefits. Status: Introduced. Referred to Senate Committee on Finance.

03/18/2015 The Family and Medical Insurance Act (H.R. 1439 same as S. 786) would establish the Office of Paid Family and Medical Leave within the Social Security Administration (SSA), to be headed by the Deputy SSA Commissioner. Entitles every individual to a family and medical leave insurance (FMLI) benefit

payment for each month beginning on the first day of the first month in which the individual meets the criteria specified below and ending 365 days later (benefit period), not to exceed 60 qualified caregiving days per period. Qualifies for such a benefit payment any individual who: is insured for disability insurance benefits under the Social Security Act at the time his or her application is filed; has earned income from employment during the 12 months before filing it; has filed an application for a FMLI benefit in accordance with this Act; and was engaged in qualified caregiving (any activity, except regular employment, for a reason entitled to leave under the Family and Medical Leave Act of 1993), or anticipates being so engaged, during the 90-day period before the application is filed or within 30 days after. Prescribes a formula for determination of an individual's monthly FMLI benefit payment, as well as for the maximum and the minimum monthly benefit amounts. Requires a FMLI benefit payment to be coordinated with any periodic benefits received from temporary disability insurance or family leave insurance programs under any state law or plan, local government, or an instrumentality of two or more states. Prescribes criteria that makes an individual ineligible for a FMLI benefit payment.

Specifies prohibited acts by an employer, and penalties for violations. Establishes the Federal Family and Medical Leave Insurance Trust Fund in the Treasury. Requires FMLI benefit payments to be made only from this Fund. Prohibits the use of amounts from the Social Security Trust Fund or appropriated to the SSA to administer Social Security programs for FMLI benefits or administration. Amends the Internal Revenue Code to impose a tax on every individual and employer, all self-employment income, and every railroad employee, employee representative, or railroad employer to finance the Federal Family and Medical Leave Insurance Trust Fund in the Treasury for FMLI benefits. Status: Introduced. Referred to House Committee on Ways and Means.

03/04/2015 H.J. Res. 29 Providing for congressional disapproval under chapter 8 of chapter 5, United States Code, of the rule submitted by the National Labor Relations Board relating to representation case procedures disapproves and nullifies the rule submitted by the National Labor Relations Board and published December 15, 2014, relating to representation case procedures. Status: Introduced. Referred to House Committee on Education and the Workforce, and the Subcommittee on Health, Employment, Labor and Pensions.

03/02/2015 The Preserving Employee Wellness Programs Act (S. 620 and H.R. 1189), proposes to reaffirm existing law (as opposed to recent EEOC interpretations), which allows for employee wellness programs tied to a financial reward. H.R. 1189 and S.620 clarify that an employee’s spouse may participate in the program as well. They also provide employees up to 180 days to request and complete an alternative wellness program if it is medically inadvisable or unreasonably difficult for an employee to participate in the original wellness program. In addition, the proposal does not limit the EEOC’s authority to investigate and litigate complaints of employment discrimination.

Status: Introduced. Referred to Committee on Health, Education, Labor, and Pensions.

02/27/2015 Signed by President

The Protecting Volunteer Firefighters and Emergency Responders Act (H.R. 33) would amend the Internal Revenue Code to exclude services rendered by bona-fide volunteers providing firefighting and prevention services, emergency medical services, or ambulance services to a state or local government or a tax-exempt charitable organization from the category of services usually rendered by an employee of an applicable large employer subject to the mandate to provide minimum essential health care coverage under the Patient Protection and Affordable Care Act (PPACA), thus exempting such employers from PPACA requirements with respect to such volunteers. The bill defines "bona fide volunteer" as an employee of any government entity and any tax-exempt charitable organization whose only compensation is in the form of: (1) reimbursement for (or reasonable allowance for) reasonable expenses incurred in the performance of volunteer services, or (2) reasonable benefits (including length-of-service awards) and nominal fees customarily paid by similar entities for the services of volunteers. Status: Signed by President.

02/25/2015 The Ax the Tax on Middle Class Americans’ Health Plans Act (H.R. 879) would repeal the Cadillac Tax provision under the Affordable Care Act, and would also repeal reporting requirements for Cadillac plans for calendar years beginning after December 31, 2014. Status: Introduced. Referred to House Committee on Ways and Means.

02/12/2015 The Raise Act (S. 507 and H.R. 1003) would amend the National Labor Relations Act to permit employers to pay higher wages to their employees. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

02/12/2015 The Healthy Families Act (S. 497 and H.R. 932) would require employers with at least 15 employees to allow workers to earn up to 7 days of paid sick leave annually. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

02/05/2015 The Family Care Savings Act (H.R. 750) would amend the Internal Revenue Code of 1986 to increase the amount excluded from gross income for employer-provided dependent care assistance to $10,000 and provide for an inflation adjustment after 2015. Status: Introduced. Referred to House Committee on Ways and Means.

02/05/2015 The National Right to Work Act (S. 391 same as H.R. 612) is intended to preserve and protect the free choice of individual employees to form, join, or assist labor organizations, or to refrain from such activities. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

02/02/2015 The ObamaCare Repeal Act (S. 336) would repeal the ACA and the Health Care

and Education Act of 2010. Status: Introduced. Referred to the Senate Committee on Finance.

02/02/2015 The Radiation Exposure Compensation Act Amendments of 2015 (S. 331) would amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining. Status: Introduced. Referred to Senate Committee on Judiciary.

01/29/2015 The American Job Protection Act (S. 305) would repeal the ACA requirement for employers of at least 50 full-time equivalent employees, or at least 100 for 2015, to offer affordable health insurance of at least minimum essential coverage to full-time employees and their dependents. The bill would not fully repeal the ACA. Status: Introduced. Referred to the Senate Committee on Finance.

01/28/2015 The National Labor Relations Board Reform Act (S. 288) would add a sixth member to the NLRB. This is a Republican initiative to make the NLRB less partisan but may promote gridlock, some sources report. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

01/27/2015 A bill entitled A bill to amend the Internal Revenue Code of 1986 to modify safe harbor requirements applicable to automatic contribution arrangements (S. 266) was introduced in both the Senate. In short, the legislation would help facilitate the adoption of private multi-employer pension plans among small employers. The legislation would encourage defined contribution plans to adopt auto-enrollment and auto-escalation features, as well as allowing employers to use a “stretch match” to incent employees to save for retirement. Additionally, the bill would expand tax incentives for small businesses to offer retirement plans and make it easier for more individuals to access the Savers’ Credit. Status: Introduced. Referred to Senate Committee on Finance.

01/25/2015 The Automatic IRA Act of 2015 (S. 245) would require employers who do not sponsor qualifying retirement plans to make available to employees a payroll direct deposit Individual Retirement Account (IRA). Status: Introduced. Referred to Senate Committee on Finance.

01/22/2015 The Working Families Flexibility Act of 2015 (S. 233 same as H.R. 465) Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the

preceding year. Requires an employer to give employees 30-day notice before discontinuing compensatory time off. Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation, or (2) require an employee to use such compensatory time. Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used. Directs the Comptroller General to report to Congress every three years on: (1) the extent to which employers provide compensatory time off and employees opt to receive it; (2) the number of complaints filed by an employee with the Secretary of Labor alleging a violation of the requirements as well as enforcement actions commenced by the Secretary on behalf of an aggrieved employee; (3) the disposition of such complaints and actions; and (4) any unpaid wages, damages, penalties, injunctive relief, or other remedies sought by the Secretary in connection with such actions. Status: Introduced. Referred to Senate Committee on Health, Education, Labor, and Pensions.

01/16/2015 The Regulatory Accountability Act of 2015 (H.R. 185) would amend the Administrative Procedure Act to revise and expand the requirements for federal agency rulemaking by requiring agencies, in making a rule, to base all preliminary and final factual determinations on evidence and to consider the legal authority under which the rule may be proposed, the specific nature and significance of the problem the agency may address with the rule, any reasonable alternatives for the rule, and the potential costs and benefits associated with such alternatives. The bill requires agencies to publish advance notice of proposed rulemaking in the Federal Register for major rules and for high-impact rules (rules having an annual cost on the economy of $100 million or $1 billion or more, respectively) and for negative-impact on jobs and wages rules and those that involve a novel legal or policy issue arising out of statutory mandates. The notice must include a written statement identifying the nature and significance of the problem the agency may address with a rule, the legal authority under which the rule may be proposed, the nature of and potential reasons to adopt a novel legal or policy position, and a solicitation for written data, views, or arguments from interested persons. Additionally, the bill: (1) sets forth criteria for issuing major guidance (agency guidance that is likely to lead to an annual cost on the economy of $100 million or more, a major increase in cost or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or ability to compete) or guidance that involves a novel legal or policy issue arising out of statutory mandates; and (2) expands the scope of judicial review of agency rulemaking by allowing immediate review of rulemaking not in compliance with notice requirements and establishing a substantial evidence standard for affirming agency rulemaking decisions. Status: Passed House.

Received in Senate. Referred to Senate Committee on Homeland Security and Governmental Affairs.

01/12/2015 The Save American Workers Act (H.R. 30) would increase the threshold for full-time employment under the Affordable Care Act to 40 hours a week from 30 hours. A previous version of the bill was approved by the House but did not advance in the Senate.

ACA rules require organizations with at least 50 full-time employees to provide health care coverage under what is known as the employer mandate. A change in the law, which requires employers to offer full-time workers health insurance or face a tax penalty, could reduce the number of employers that would need to provide insurance. The White House opposes the measure and has pledged to veto the bill. (BNA Highlights, 01/08/2015) Status: Passed House. Received in Senate. Referred to Committee on Finance.

01/07/2015 The End Pay Discrimination Through Information Act (S. 83) would amend the Fair Labor Standards Act of 1938 to loosen non-retaliation provisions relating to equal pay requirements. Section 15(a)(3) of the Fair Labor Standards Act of 1938 (FLSA) would have the phrase “employee has filed” stricken and insert language to allow employees who have made a charge, filed a complaint, inquired about, discussed, disclosed the wages of another employee, etc. Status: Introduced. Referred to the Senate Committee on Health, Education, Labor, and Pensions.

01/06/2015 The Forty Hours is Full Time Act of 2015 (S. 30) would amend the Internal Revenue Code, with respect to the employer mandate to provide health care coverage, to: (1) modify the formula for calculating the number of full-time employees employed by an applicable large employer subject to the mandate; and (2) define a "full-time employee" as an employee who is employed on average at least 40 hours per week (currently, 30 hours). Status: Introduced. Referred to Senate Committee on Finance.

How to Get More Information on Bills You can easily search any Senate or House bill by name or number at the following sites: US: www.govtrack.us/congress/legislation.xpd Click on the Subject tab, then Labor and Employment, or use Search Box with bill number (include S or HR)

www.beta.congress.gov.gov/ This is the Library of Congress site. You can use the Search box with Bill number (include S or HR) AZ: www.azleg.gov

How to Identify Your Arizona Legislators You can easily identify the district and the names of your representatives by going to www.azleg.gov and click on “How to Find or Contact my Legislators”. You enter your address and zip code to find out your district. Once you know your district, you can look up your legislators at this site by clicking on the “Members” link.

Arizona Legislative District Map

How to Write Your Representatives Representatives are flooded with emails, letters and postcards. Correspondence

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make sure that you indicate that you live in Yuma, Arizona.

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Yuma Representatives:

Position

Incumbent

AZ State Senators

Lynne Pancrazi Democrat, District 4 Room 308, 1700 W Washington Phoenix, AZ 85007 1-602-926-3004 1-602-417-3179 fax lpancrazi@azleg.gov

Committees:

Education

Finance

Health and Human Services

Water and Energy

Don Shooter Republican, District 13 Room 200, 1700 W Washington Phoenix, AZ 85007 1-602-926-4139 1-602-417-3024 fax

dshooter@azleg.gov

Committees:

Appropriations, Chair

Natural Resources, Vice-Chair

AZ State Rep’s

Charlene Fernandez Democrat, District 4 Room 126, 1700 W Washington Phoenix, AZ 85007 1-602-926-3098 1-602-417-3218 fax

cfernandez@azleg.gov

Committees:

Commerce

Transportation and Infrastructure

Darin Mitchell Republican, District 13 Room 313, 1700 W Washington Phoenix, AZ 85007 1-602-926-5894 1-602-417-3012 fax dmitchell@azleg.gov

Committees:

Agriculture, Water and Lands, Vice-Chair

Federalism and State’s Rights

Ways and Means, Chair

Steve Montenegro Republican, District 13 Room 208, 1700 W Washington Phoenix, AZ 85007 1-602-926-5955 1-602-417-3168 fax smontenegro@azleg.gov Majority Leader

Committees:

Agriculture, Water and Lands

Education

Rules, Vice-Chair

Lisa Otondo Democrat, District 4 Room 123, 1700 W Washington Phoenix, AZ 85007 1-602-926-3002 1-602-417-3124 fax lotondo@azleg.gov

Committees:

Agriculture, Water and Lands

Education

Insurance

Arizona Representatives in Congress:

Position

Incumbent

US Rep. Representative Paul Gosar 504 Cannon House Office Bldg Washington DC 20515-0304 1-202-225-2315 1-202-226-9739 fax

Committees:

Oversight & Government Reform

Natural Resources

Representative Raul Grijalva 1511 Longworth House Bldg Washington DC 20515 1-202-225-2435 1-202-225-1541 fax

Committees:

Natural Resources

Education and the Workforce

US Senators Senator John McCain 241 Russell Senate Bldg Washington DC 20510 1-202-224-2235 1-202-228-2862 fax john_mccain@mccain.senate.gov

Committees:

Committee on Indian Affairs

Select Committee on Intelligence

Committee on Armed Services, Chair

Committee on Homeland Security and Governmental Affairs

Senator Jeff Flake B85 Russell Senate Office Bldg Washington DC 20515 1-202-224-4521 1-202-228-0515 fax

Committees:

Special Committee on Aging

Committee on Energy and Natural Resources

Committee on Foreign Relations

Committee on the Judiciary

Arizona House Roster

Name District

Party Email Room

Phone (602)

Fax (602)

J. Christopher

Ackerley 2 R Send Email 127 926-3077 417-3277

John M. Allen 15 R Send Email 131 926-4916 417-3150

Lela Alston 24 D Send Email 330 926-5829 417-3115

Richard C. Andrade 29 D Send Email 125 926-3130 417-3292

Brenda Barton 6 R Send Email 114 926-4129 417-3010

Jennifer D. Benally 7 D Send Email 121 926-3079 417-3278

Reginald Bolding Jr. 27 D Send Email 116 926-3132 417-3274

Sonny Borrelli 5 R Send Email 113 926-5051 417-3153

Russell "Rusty"

Bowers 25 R Send Email 309 926-3128 417-3290

Paul Boyer 20 R Send Email 129 926-4173 417-3153

Kate Brophy McGee 28 R Send Email 304 926-4486 417-3170

Noel W. Campbell 1 R Send Email 345 926-3124 417-3287

Mark A. Cardenas 19 D Send Email 122 926-3014 417-3048

Heather Carter 15 R Send Email 303 926-5503 417-3107

Ken Clark 24 D Send Email 115 926-3108 417-3285

Regina Cobb 5 R Send Email 335 926-3126 417-3289

Doug Coleman 16 R Send Email 306 926-3160 417-3151

Diego Espinoza 19 D Send Email 118 926-3134 417-3273

Karen Fann 1 R Send Email 316 926-5874 417-3001

Eddie Farnsworth 12 R Send Email 224 926-5735 417-3122

Charlene R. Fernandez 4 D Send Email 126 926-3098 417-3281

Mark Finchem 11 R Send Email 337 926-3122 417-3286

Randall Friese 9 D Send Email 325 926-3138 417-3272

Rosanna Gabaldón 2 D Send Email 117 926-3424 417-3129

Sally Ann Gonzales 3 D Send Email 331 926-3278 417-3127

David M. Gowan Sr. Speaker of the House

14 R Send Email 223 926-3312 417-3130

Rick Gray 21 R Send Email 224 926-5993 417-3225

Albert Hale 7 D Send Email 323 926-4323 417-3160

Anthony Kern 20 R Send Email 341 926-3102 417-3282

Matthew A. Kopec 9 D Send Email 324 926-5683 417-3147

Jonathan R. Larkin 30 D Send Email 318 926-5058 417-3015

Jay Lawrence 23 R Send Email 339 926-3095 417-3280

Vince Leach 11 R Send Email 342 926-3106 417-3284

David Livingston Majority Whip

22 R Send Email 207 926-4178 417-3154

Phil Lovas 22 R Send Email 110 926-3297 417-3004

Stefanie Mach 10 D Send Email 329 926-3398 417-3126

Debbie McCune Davis 30 D Send Email 333 926-4485 417-3014

Juan Jose Mendez 26 D Send Email 120 926-4124 417-3017

Javan D. "J.D."

Mesnard 17 R Send Email 308 926-4481 417-3152

Eric Meyer Minority Leader

28 D Send Email 320 926-3037 417-3111

Darin Mitchell 13 R Send Email 313 926-5894 417-3012

Steve Montenegro

Majority Leader 13 R Send Email 208 926-5955 417-3168

Jill Norgaard 18 R Send Email 128 926-3140 417-3265

Justin Olson 25 R Send Email 204 926-5288 417-3161

Lisa A. Otondo 4 D Send Email 123 926-3002 417-3124

Warren H. Petersen 12 R Send Email 312 926-4136 417-3222

Celeste Plumlee 26 D Send Email 119 926-4334 417-3009

Franklin M. Pratt 8 R Send Email 226 926-5761 417-3023

Rebecca Rios Minority Whip

27 D Send Email 322 926-3073 417-3288

Tony Rivero 21 R Send Email 344 926-3104 417-3283

Bob Robson Speaker Pro Tempore

18 R Send Email 222 926-5549 417-3157

Macario Saldate 3 D Send Email 332 926-4171 417-3162

Andrew C. Sherwood 26 D Fill the vacancy in the Senate on 11/5/2015

Thomas "T.J." Shope 8 R Send Email 112 926-3012 417-3123

Victoria Steele 9 D Resigned on 1/11/2016

David W. Stevens 14 R Send Email 205 926-4321 417-3146

Bob Thorpe 6 R Send Email 130 926-5219 417-3118

Kelly Townsend 16 R Send Email 302 926-4467 417-3018

Michelle B. Ugenti-

Rita 23 R Send Email 111 926-4480 417-3155

Ceci Velasquez 29 D Send Email 124 926-3144 417-3245

Jeff Weninger 17 R Send Email 338 926-3092 417-3279

Bruce Wheeler Assistant Minority Leader

10 D Send Email 321 926-3300 417-3028

Arizona Senate Roster

Name District

Party Email Room

Phone (602)

Fax (602)

Ed Ableser 26 D Resigned on 9/30/2015

Sylvia Allen President Pro Tempore

6 R Send Email 303 926-5409 417-3105

Nancy Barto 15 R Send Email 307 926-5766 417-3261

Carlyle Begay 7 R Send Email 315 926-5862 417-3099

Andy Biggs President

12 R Send Email 205 926-4371 417-3248

David Bradley 10 D Send Email 315 926-5262 926-3429

Judy Burges 22 R Send Email 302 926-5861 417-3104

Olivia Cajero Bedford 3 D Send Email 314 926-5835 417-3262

Lupe Contreras Minority Whip

19 D Send Email 313 926-5284 417-3106

Andrea Dalessandro 2 D Send Email 312 926-5342 417-3169

Jeff Dial 18 R Send Email 304 926-5550 417-3120

Susan Donahue 5 R Send Email 304 926-4138 417-3067

Adam Driggs 28 R Send Email 309 926-3016 417-3007

Steve Farley

Assistant Minority Leader

9 D Send Email 213 926-3022 417-3128

David C. Farnsworth 16 R Send Email 304 926-3020 417-3119

Gail Griffin Majority Whip

14 R Send Email 212 926-5895 417-3025

Katie Hobbs Minority Leader

24 D Send Email 213 926-5325 417-3149

John Kavanagh 23 R Send Email 303A 926-5170 417-3108

Debbie Lesko 21 R Send Email 302 926-5413 417-3109

Barbara McGuire 8 D Send Email 314 926-5836 417-3131

Robert Meza 30 D Send Email 311 926-3425 417-3114

Catherine Miranda 27 D Send Email 311 926-4893 417-3116

Lynne Pancrazi 4 D Send Email 308 926-3004 417-3179

Steve Pierce 1 R Send Email 301 926-5584 417-3101

Martin Quezada

Minority Whip 29 D Send Email 313 926-5911 417-3113

Andrew C. Sherwood 26 D Send Email 305 926-3028 417-3038

Don Shooter 13 R Send Email 200 926-4139 417-3024

Steve Smith 11 R Send Email 303 926-5685 417-3167

Kelli Ward 5 R Resigned on 12/15/2015

Bob Worsley 25 R Send Email 310 926-5760 417-3091

Steve Yarbrough Majority Leader

17 R Send Email 212 926-5863 417-3121

Kimberly Yee 20 R Send Email 300 926-3024 417-3110

SOURCES: Email sources:

AzHHA Health-E-News (members only) SHRM HR Issues Update (members only) SHRM HR Voice (members only) SHRM HR Week (members only) SHRM Legislative Update (members only) BNA Benefits & Compensation Update (subscription) BNA Highlights (subscription) Ballard Spahr alerts (free – www.ballardspahr.com) Employee Benefit Advisor (free – eba.benefitnews.com) Employee Benefit News (free – www.benefitnews.com) HR Benefits Alert (free – www.hrbenefitsalert.com) Littler Mendleson alerts (free – www.littler.com) NewsDash (free – www.plansponsor.com) Ogletree Deakins alerts (free – www.ogletreedeakins.com) Steptoe & Johnson alerts (free – www.steptoe.com) Weekly Aon Hewitt Washington Report (free – www.aon.com)

Internet Sites:

http://www.govtrack.us/congress/legislation.xpd http://beta.congress.gov.gov/ http://www.azleg.gov/

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