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

"Politics is supposed to be the second-oldest profession. I have come to realize that it bears a very close resemblance to the first." ~Ronald Reagan

Highlights Small Businesses Encouraged to Challenge Overtime Rule House Republicans continued their campaign against the Labor Department's overtime regulation at a hearing June 23, this time focusing on its “damaging repercussions” for small businesses and their employees. “We're encouraging small businesses and others who have an interest in this to continue to comment, to continue to send their concerns to members of Congress so we can voice our concerns with the administration,” Small Business Committee Chairman Steve Chabot (R-Ohio) told Bloomberg BNA after adjourning the hearing. “This could be devastating to the economy, to small businesses across the country, so I would encourage people not to give up.” (BNA Compensation and Benefits Library, 06/24/2016) GOP Proposal for ACA Replacement A brief released on June 22

nd from a House task force presented an alternate replacement to the

Affordable Care Act (ACA). A key drawback to the proposal is that it could lead to taxation of employee health benefits. The proposal presumes a repeal of the ACA with all of its administrative burdens. Other elements of the proposal include:

Maintain a number of the ACA’s insurance reforms, such as allowing coverage of adult children up to age 26 through a parent’s coverage and banning pre-existing condition clauses.

Eliminate the Equal Employment Opportunity Commission's new regulations relating to workplace wellness programs.

Allow small businesses to band together for health insurance purposes, pooling their risks and leveraging economies of scale.

Allow people to buy policies across state lines.

Promote medical liability reform as a strategy to reduce health care costs.

Allow employers to use health reimbursement arrangements (HRAs) to reimburse employees’ premium costs for individual coverage, a practice barred by the ACA.

Expand allowed annual contributions to health savings accounts (HSAs)—currently $3,350 for HSAs linked to self-only coverage in 2016—up to the out-of-pocket expense limit for high-deductible health plans—$6,550 for self-only coverage in 2016.

Business groups generally had a favorable response to the elimination of the employer mandate and other rollback provisions, but not to one key portion of the GOP blueprint: limiting the tax exclusion employee premiums under employer-provided health care, partly to offset the loss of tax revenue from the Cadillac tax but also to hold down the rising cost of health insurance. The GOP proposal would subject employer-paid health insurance to payroll and income taxes once the value exceeds a yet-to-be-determined dollar amount. This cap would be adjusted based on the age of covered employees and would account for geographical differences in the cost of medical insurance. Unlike the Cadillac tax, the GOP proposal would not count the value of HSA contributions against the limit. The Society for Human Resource Management (SHRM) “opposes the proposed changes in the tax treatment of employer-provided health insurance that are included in the U.S. House Republican plan. Such a change would drive workers from employer plans and negatively affect the benefit offerings that employers so carefully create for their employees,” said Mike Aitken, SHRM’s vice president of government affairs, in a statement. “Any health care reform legislation must support employer flexibility and innovative strategies and preserve the favorable tax treatment of employer-sponsored coverage.” (Stephen Miller, “ACA Replacement Would End Mandates, Add Tax on Benefits”, SHRM HR Daily Newsletter, 06/27/2016) Small Business Health Care Relief Bill Passed by House On June 21, 2016, the House passed H.R. 5447, the Small Business Health Care Relief bill. Under the bill, small businesses with fewer than 50 employees would be able to give employees pre-tax dollars through a Health Reimbursement Arrangement (HRA) and employees could use those HRA funds to purchase a health plan in the individual market. Currently, employers that offer such HRA arrangements may be subject to an excise tax. Under the bill, employees would also be able to use the HRA funds to pay out-of-pocket costs for medical care and services. Reimbursement payments would be initially capped at $5,130 ($10,260 for arrangements providing for reimbursements for an employee’s family members), but indexed for inflation in future years. (Weekly Aon Hewitt Washington Report, 06/27/2016) FMLA Expansion Proposed A number of bills were introduced in the House during the month of June to expand the Family and Medical Leave Act. The Family Leave for Parental Involvement in Education Act (H.R. 5535) would amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities and for other purposes. Eligible

employees would be entitled to up to 8 hours of leave within any 30 day period and not to exceed 48 hours during any 12 month period. The Family and Medical Leave Inclusion Act (H.R. 5519) would amend the Family and Medical Leave Act of 1993 to entitle an eligible employee to leave to care for a domestic partner or his or her child, parent-in-law, adult child, sibling, grandparent, grandchild, or any other person related by blood or affinity whose close association with the employee is the equivalent of a family relationship, if that person has a serious health condition.

The Family and Medical Leave Enhancement Act of 2016 (H.R. 5518) amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 15 employees. The bill continues to exempt from FMLA coverage employees at worksites that employ fewer than 15 employees (currently 50), if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 15 (currently 50).

The Family and Medical Leave Act Protections for Part-time Workers Act of 2016 (H.R. 5496) amends the Family and Medical Leave Act of 1993 to make an employee eligible for coverage if that employee has been employed for at least 12 months by a covered employer from whom the leave is requested. The bill repeals the current requirement that the employee have served at least 1,250 hours during the 12-month period before the leave request.

New ERISA Retirement Option Proposed The American Savings Account Act of 2016 (H.R. 5450) amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish a new retirement option for all employees and self-employed individuals to be known as the American Savings Account Fund. This fund operates in a manner similar to the Thrift Savings Fund, which is available to federal employees.

Pending Legislation Last Update

Bill

06/27/2016 The Small Business Health Care Relief (H.R. 5447) bill would allow small businesses with fewer than 50 employees to give employees pre-tax dollars through a Health Reimbursement Arrangement (HRA) and employees could use those HRA funds to purchase a health plan in the individual market. Currently, employers that offer such HRA arrangements may be subject to an excise tax. Under the bill, employees would also be able to use the HRA funds to pay out-of-pocket costs for medical care and services. Reimbursement payments would be initially capped at $5,130 ($10,260 for arrangements providing for reimbursements for an employee’s family members), but indexed for inflation in future years. (Weekly Aon Hewitt Washington Report, 06/27/2016) Status: Passed House, goes to Senate

06/22/2016 Vetoed by President Failed to Pass Over Veto

Senate H.J. Res. 88 would nullify a Department of Labor rule regarding the definition of the term "fiduciary" and the conflict of interest rule with respect to retirement investment advice. The House had previously passed the resolution. In a White House Statement of Administration Policy, President Obama promised a veto. (Weekly Aon Hewitt Washington Report, 05/31/2016) Status: Vetoed by President Failed to pass over veto

06/20/2016 The Family Leave for Parental Involvement in Education Act (H.R. 5535)

would amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities and for other purposes. Eligible employees would be entitled to up to 8 hours of leave within any 30 day period and not to exceed 48 hours during any 12 month period. Status: Introduced. Referred to House Administration

06/20/2016 The Family and Medical Leave Act Protections for Part-time Workers Act of 2016 (H.R. 5496) amends the Family and Medical Leave Act of 1993 to make an employee eligible for coverage if that employee has been employed for at least 12 months by a covered employer from whom the leave is requested. The bill repeals the current requirement that the employee have served at least 1,250 hours during the 12-month period before the leave request.

Status: Introduced. Referred to House Administration

06/16/2016 The Family and Medical Leave Inclusion Act (H.R. 5519) would amend the Family and Medical Leave Act of 1993 to entitle an eligible employee to leave to care for a domestic partner or his or her child, parent-in-law, adult child, sibling, grandparent, grandchild, or any other person related by blood or affinity whose close association with the employee is the equivalent of a family relationship, if that person has a serious health condition. Status: Introduced. Referred to House Oversight and Government Reform

06/16/2016 The Family and Medical Leave Enhancement Act of 2016 (H.R. 5518) amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 15 employees. The bill continues to exempt from FMLA coverage employees at worksites that employ fewer than 15 employees (currently 50), if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 15 (currently 50).

An employee covered by FMLA may take up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to: (1) participate in or attend activities that are sponsored by a school or community organization, and (2) relate to a program of the school or organization that is attended by the employee's child or grandchild.

Such parental involvement leave may be used to meet routine family medical care needs, including: (1) such employee's medical and dental appointments, or their spouse, child, or grandchild; and (2) the care needs of their related elderly individuals, including visits to nursing homes and group homes.

An employee may elect, or an employer may require, substitution of any of the employee's paid or family leave or paid medical or sick leave for any leave allowed under this bill.

Nothing in this bill shall require an employer to grant paid sick leave or paid medical leave in situations where the employer would not normally grant it.

Status: Introduced. Referred to Education and the Workforce, Oversight and Government Reform, House Administration

06/16/2016 H.J. Res. 95 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to defining and delimiting the exemptions for executive, administrative, professional, outside sales, and computer employees. Status: Introduced. Referred to the House Committee on Education and the Workforce

06/16/2016 The Protecting Local Business Opportunity Act (S. 2686) amends the National Labor Relations Act to allow two or more employers to be considered joint employers for purposes of the 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: Referred to Committee on Small Business and Entrepreneurship

06/10/2016 The American Savings Account Act of 2016 (H.R. 5450) amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish a new retirement option for all employees and self-employed individuals to be known as the American Savings Account Fund. This fund operates in a manner similar to the Thrift Savings Fund, which is available to federal employees. The bill establishes an American Savings Account Board of Directors to establish policies for fund investment and management. The board shall select or establish a list of investment funds and options similar to those in the Thrift Savings Fund, among which participants may choose. The board shall establish an American Savings Account Fund Advisory Council to advise the board on matters relating to investment policies. The American Savings Account Fund is tax-exempt and contributions to, or distributions from, it are excludible from gross income. Status: Introduced. Referred to House Ways and Means

06/09/2016 S.J. Res. 35 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of Labor relating to ‘‘Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act’’. The sponsor is Sen. Jeff Flake of Arizona. Status: Introduced. Referred to Committee on Health, Education, Labor, and Pensions

06/08/2016 The Layoff Prevention Extension Act of 2016 (H.R. 5408) amends the Middle Class Tax Relief and Job Creation Act of 2012 with respect to state short-time compensation programs that allow employers to reduce the workweek of their employees in lieu of layoffs. The bill: (1) extends federal financing of the programs for an additional two years; and (2) extends through December 31, 2016, the deadline for a state to submit to the Department of Labor its application for a short-time compensation program grant. Status: Introduced. Referred to House Committee on Ways and Means

06/07/2016 S.J.Res.34 - A joint resolution providing for congressional disapproval

under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to defining and delimiting the exemptions for executive, administrative, professional, outside sales, and computer employees. Status: Introduced. Referred to Health, Education, Labor, and Pensions

05/13/2016 The Workplace Advancement Act (H.R. 5237) amends the Fair Labor Standards Act of 1938 to prohibit discharging or retaliating against any employee because such employee has inquired about, discussed, or disclosed comparative compensation information for the purpose of determining whether the employer is compensating an employee in a manner that provides equal pay for equal work. The prohibition does not apply to instances in which an employee who has access to the wage information of other employees as a part of the employee's job functions discloses such wages to an individual who has no access to them, except in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action with respect to prohibited sex discrimination, including an investigation conducted by the employer. Status: Introduced. Referred to House Education and the Workforce

05/19/2016 Signed by Governor

Arizona SB 1500 industrial commission of Arizona; omnibus eliminates Industrial Commission of Arizona (ICA) regulation of private employee agents and sunsets oversight of Boilers and Lined Hot Water Storage Heaters. Transfers adjudication of Arizona Division of Occupational Safety and Health (ADOSH) contests to the Office of Administrative Hearings (OAH). Specifies eligible activity, reporting and oversight required for ICA commissioner per diem compensation. Status: Signed by Governor

05/18/2016 H.J.Res.87 - Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the final rule of the Department of Labor relating to "Interpretation of the 'Advice' Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act" is a joint resolution that disapproves of the rule submitted by the Department of Labor relating to "Interpretation of the 'Advice' Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act."

The joint resolution declares that such rule shall have no force or effect.

(Under section 203 of the Labor-Management Reporting and Disclosure Act, an employer must report any agreement or arrangement with a third party consultant to persuade employees as to their collective bargaining rights or to obtain certain information concerning the activities of employees or a labor organization in connection with a labor dispute involving the employer. The consultant, also, is required to report concerning such an agreement or arrangement with an employer. Statutory exceptions to these reporting requirements are set forth in LMRDA section 203[c], which provides, in part, that employers and consultants are not required to file a report by reason of the consultant's giving or agreeing to give "advice" to the employer.)

Status: Introduced.

Ordered to be Reported by the House Committee on Education and the Workforce

05/17/2016 Signed by Governor

Arizona SB 1521 officers; employees; payroll deductions; appeals 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: Signed by Governor

05/12/2016 Signed by Governor

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: Signed by Governor

05/12/2016 Signed by Governor

Arizona HB 2114 declaration; independent business status permits an employing unit and contractor to create a rebuttable presumption of an independent contractor relationship. Businesses can have their independent contractors sign a Declaration of Independent Business Status (DIBS) to confirm that the relationship is that of an independent contractor and not as an employment arrangement. A business may create a rebuttable presumption by executing a signed written agreement establishing that an independent contractor is not entitled to workers’ compensation (A.R.S. § 23-902). The written agreement must declare that the business does not have the authority to supervise or control the actual work of the independent contractor or the independent contractor's employees. An insurance carrier may not collect a premium on payments by the business to the independent contractor unless the rebuttable presumption is overcome. The agreement must state that the business:

1) does not require the independent contractor to perform work exclusively for the business;

2) does not provide the independent contractor with any business registrations or licenses required to perform the specific services set forth in the contract;

3) does not pay the independent contractor a salary or hourly rate instead of an amount fixed by contract;

4) will not terminate the independent contractor before the expiration of the contract period, unless the independent contractor breaches the contract or violates the laws of this state;

5) does not provide tools to the independent contractor;

6) does not dictate the time of performance; 7) pays the independent contractor in the name appearing on the written

agreement; and

8) will not combine business operations with the person performing the services rather than maintaining these operations separately.

The bill requires that the Declaration Form state that the contractor acknowledges at least 6 of the following 10 factors:

a) that the contractor is not insured under the contracting party’s health insurance coverage or workers’ compensation insurance coverage;

b) that the contracting party does not restrict the contractor’s ability to accept and perform services for other parties;

c) that the contractor has the right to accept or decline requests for services by the contracting party;

d) that the contracting party expects that the contractor provides services for other parties;

e) that the contractor is not economically dependent on the services performed or in connection with the contracting party;

f) that the contracting party does not dictate the performance, methods or process the contractor uses to perform services;

g) that the contracting party has the right to impose quality standards and completion deadlines but the contractor may determine the days worked, time of work and other performance aspects;

h) that the contractor will be paid by the contracting party on the work established in the contract and that the contracting party is not providing the contractor with a regular salary or any minimum, regular payment;

i) that the contractor is responsible for providing and maintaining all tools and equipment associated with services performed; and

j) that the contractor is responsible for all expenses incurred in performing services.

Status: Signed by Governor

05/11/2016 Signed by Governor

Arizona HB 2222 employment security; omnibus streamlines the unemployment appeals process. Status: Signed by Governor

05/11/2016 Signed by Governor

Arizona HB 2579 nonwage compensation; minimum wage proposed 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: Signed by Governor

05/11/2016 Signed by President

The Defend Trade Secrets Act of 2016 (S. 1890) creates a private civil cause of action for trade secret misappropriation. Prior to this law, employers had no federal protection. Status: Signed by President

05/11/2016 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; Small Business and Entrepreneurship (hearings held)

05/06/2016 Arizona HCR 2014 minimum wage (originally convention; amendment; balanced federal budget) would, subject to voter approval, raise the minimum wage to $8.77 by January 1, 2018, $9.18 by January 1, 2019, and $9.50 by 2020 and prevent local political entities from adopting a minimum wage. Status: Failed in House on Final Passage

05/05/2016 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: Held in Rules

05/05/2016 Arizona HB 2680 Working opportunity income tax credits; employment of qualified ex-felons; limitations; definitions provides that for taxable years beginning from and after December 31, 2016 through December 31, 2019, and subject to the limitation prescribed by subsection D of this section, a credit is allowed against the taxes imposed by title 43, chapter 10 or 11, Arizona Revised Statutes, as applicable, for qualified employers who employ, during the taxable year, persons who are qualified ex-felons. The amount of the credit under this section is equal to:

1. Five percent of the first six thousand dollars in wages paid to each employee who is a qualified ex-felon and who worked at least one hundred twenty but less than four hundred hours during the taxable year.

2. Ten percent of the first six thousand dollars in wages paid to each employee who is a qualified ex-felon and who worked at least four hundred hours during the taxable year.

Status: Held in Rules

04/28/2016 The Pension Fund Integrity Act of 2016 (S. 2894) would amend the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to provide for salary reductions for certain employees of a pension plan in critical or declining status that reduces participant benefits Status: Introduced. Referred to Senate Health, Education, Labor, and Pensions

04/28/2016 Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary" (H.J. Res. 88) disapproves and nullifies a Department of Labor rule published on April 8, 2016, relating to the definition of the term "fiduciary" and the conflict of interest rule with respect to retirement investment advice. The rule defines who is a fiduciary with respect to pension and retirement plans. Under current law, a person who provides investment advice has a fiduciary obligation that requires the person to provide advice in the sole interest of plan participants and beneficiaries. The rule changes the definition of "investment advice" to treat people who provide investment advice to pension and retirement plans for a fee or other compensation as fiduciaries in a wider array of advice relationships. Status: Passed House

04/20/2016 To amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes (H.R. 5000). Status: Introduced. Referred to House Committee on Education and the Workforce.

04/20/2016

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: Reported out by Ways and Means; Education and the Workforce Placed on the Union Calendar

04/20/2016 The Affordable Retirement Advice Protections Act (H.R. 4293, S. 2502) amends the Employee Retirement Income Security Act of 1974 (ERISA) to define "investment advice," as it relates to fiduciary duties under such Act, as a recommendation that relates to: (1) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a pension plan (or Individual Retirement Account) by the plan, plan participants, or plan beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; (2) the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or (3) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the investment advisor to act in accordance with fiduciary standards under ERISA; or (2) a mutual agreement,

arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill allows an exemption from ERISA prohibited transactions rules for investment advice: (1) for which no more than reasonable compensation is paid; or (2) that is based on a limited range of investment options or may result in variable income to the investment advisor if a clearly-stated notice is provided to the advice recipient that the same or similar investments may be available at a greater or lesser cost from other sources. Status: Reported out by House Education and the Workforce Placed on the union calendar

04/18/2016 S.J.Res.33 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to the definition of the term "fiduciary" and the conflict of interest rule with respect to retirement investment advice. This joint resolution disapproves and nullifies a Department of Labor rule published on April 8, 2016, relating to the definition of the term "fiduciary" and the conflict of interest rule with respect to retirement investment advice.

(The rule defines who is a fiduciary with respect to pension and retirement plans. Under current law, a person who provides investment advice has a fiduciary obligation that requires the person to provide advice in the sole interest of plan participants and beneficiaries. The rule changes the definition of "investment advice" to treat people who provide investment advice to pension and retirement plans for a fee or other compensation as fiduciaries in a wider array of advice relationships.) Status: Introduced. Referred to the Committee on Health, Education, Labor, and Pensions

04/11/2016 The Gender Advancement in Pay (GAP) Act amends the Fair Labor Standards Act of 1938 to expand exceptions to the prohibition against sex discrimination to include payments pursuant to a differential based on expertise, shift, or a business-related factor other than sex, including but not limited to education, training, or experience.

The statute of limitations under the Portal-to-Portal Act of 1947 for a charge of prohibited sex discrimination, or an action by or on behalf of an employee for such discrimination, would be tolled until the earlier of: (1) the date on which the Equal Employment Commission or the Attorney General brings an action or notifies the employee concerned with respect to the charge under the Civil Rights Act of 1964, or (2) 270 days after the charge is filed.

Nonretaliation prohibitions are extended to cover inquiring about, discussing, or disclosing the wages of an employee or of another employee, or declining to discuss or disclose the employee's wages, with specified exceptions. An employer shall be considered to have committed an unlawful act if the employer requires an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages.

Civil penalties are established for violation of prohibitions against sex discrimination.

The Department of Labor, together with the Department of Education, would conduct a multistate study, through a grant to a nonprofit research institution, that includes strategies to increase the participation of women in high-wage, high-demand occupations and industries in which women are underrepresented.

The Government Accountability Office would also conduct a multistate study to develop such strategies.

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

04/04/2016 The Keep Estimated Extra Payments Act (S. 2741) amends the Employee Retirement Income Security Act of 1974 (ERISA) to permit the Pension Benefit Guaranty Corporation (PBGC) and the Department of Labor to elect not to recoup overpayments of benefits to participants in multiemployer and single employer pension plans. Status: Introduced. Referred to Health, Education, Labor, and Pensions

04/01/2016 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 Implementation continues unabated into 2016

03/30/2016 Signed by Governor

Arizona HCR 2021 right to work; repeal proposed an amendment to the state constitution to repeal Article XXV relating to the Right to Work. Status: Signed by Governor

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 (H.R. 3625) 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 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

03/16/2016 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

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: Substituted House Bill on Third Reading

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: Held in Committees

02/04/2016 The Affordable Retirement Advice Protections Act (S. 2502, H.R. 4293) amends the Employee Retirement Income Security Act of 1974 (ERISA) to define "investment advice," as it relates to fiduciary duties under such Act, as a recommendation that relates to: (1) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a pension plan (or Individual Retirement Account) by the plan, plan participants, or plan beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; (2) the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or (3) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the investment advisor to act in accordance with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services. The bill allows an exemption from ERISA prohibited transactions rules for investment advice: (1) for which no more than reasonable compensation is paid;

or (2) that is based on a limited range of investment options or may result in variable income to the investment advisor if a clearly-stated notice is provided to the advice recipient that the same or similar investments may be available at a greater or lesser cost from other sources. Status: Introduced in Senate. Referred to Health, Education, Labor, and Pensions

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.

02/02/2016 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: Held in Committees

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: Held in Rules

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: Held in Rules

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: Held in Rules

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: Held in Rules

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: Held in Rules

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: Held in Committees

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: Held in Committees

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: Held in Committees

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: Held in Committees

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: Held in Committees

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: Held in Committees

01/21/2016 Arizona HB 2006 marijuana; regulation; taxation would establish the rights of businesses regarding the use of marijuana by employees. Employers would not be required to allow or accommodate marijuana use in the workplace and allow disciplinary procedures against employees under the influence at work. Status: Held in Committees

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

https://www.littler.com/publication-press/publication/nlrb-imposes-new-indirect-control-joint-employer-standard-browning

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; Subcom