Federal lawmakers are currently debating a variety of bills that could affect the workplace. Here’s a rundown of what’s on the table.
Arbitration
HR 540 would bar employers from requiring an employee to arbitrate a dispute as a condition of employment.
Benefits
S 9 would amend the Employee Retirement Income Security Act of 1974 (ERISA) and the tax code to add new worker protections for defined contribution plans such as 401(k)s. The measure would ensure that plan assets are adequately diversified and that employees receive detailed information about their retirement plans. HR 1000 similarly would give 401(k) participants more information about their accounts.
HR 660 and S 545 would authorize federally certified Association Health Plans (AHPs) to allow small businesses to band together to purchase group health insurance.
S 39 would provide grants for the development of healthcare purchasing cooperatives by two or more employers.
HR 450, S 53, and S 86 would establish tax credits and incentives for small-business employers to provide health insurance to their employees.
S 100 would give small-business tax credits for employee health insurance expenses and provide grants for health insurance purchasing groups, information dissemination, and access innovation.
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HR 176 would allow up to $2,000 that’s unused from health flexible spending arrangements to be carried over for use in subsequent plan years.
Discrimination
S 76 would strengthen remedies for violating the Equal Pay Act, which prohibits sex discrimination in wages.
HR 214 would prohibit employment discrimination based on sexual orientation.
Family and Medical Leave
S 18 and S 304 would extend Family and Medical Leave Act (FMLA) coverage to employers with at least 25 employees (down from the current requirement of 50) within a 75-mile radius. The bills would also allow leave for employees who must address the effects of domestic violence and for employees to participate in their children’s school activities (such as a parent-teacher conference).
HR 35 and S 320 would amend the FMLA to exclude protection for short-term illnesses and injuries and to permit employers to require that leave be taken in minimum increments of half a workday. Employers could also require that employees choose between unpaid FMLA leave, paid absence under a collective-bargaining agreement, or another sick-leave, sick-pay, or disability program.
Military Leave
HR 217, the Reservists Pay Security Act of 2003, would entitle federal employees who are called to duty in the uniformed services or the National Guard to receive from their agencies an amount that, when added to the pay and allowances for service, would equal their basic work pay had no interruption in employment occurred. And S 442 would provide new pay protections for members of the military reserves and National Guard.
HR 349, HR 350, and HR 454 would provide a business tax credit to employers for the value of the service not performed by employees who are away on duty as members of the Ready Reserve or the National Guard. And S 393 would grant a tax credit to employers whose employees participate in the military reserves.
Privacy
HR 637 would prohibit businesses from displaying Social Security numbers without the consent of the individual.
Safety
HR 439 would direct the Federal Trade Commission to make rules to assure businesses perform background checks on employees they send into people’s homes. Violations of the rules would carry a penalty of up to $1 million.
Taxes
HR 118 would permit the IRS to calculate FICA taxes due on employees’ tips based on a total estimate of all the tips customers have paid, rather than estimating each employee’s tip income separately. This measure counters a controversial U.S. Supreme Court ruling, U.S. v. Fior d’Italia.
Unemployment
A variety of bills on the table (including S 23, S 35, HR 162, HR 209, S 225, HR 228, S 270, and HR 682) would amend the Temporary Extended Unemployment Act of 2002 to provide additional weeks of unemployment benefits and to temporarily extend the program.
Unions
HR 93 would amend the National Labor Relations Act to require mediation and, if necessary, binding arbitration of initial contract negotiation disputes.
Wage and Hour
HR 965, S 20, and S 224 would increase the federal minimum wage to $5.90 an hour beginning on the 60th day after enactment of the legislation, and to $6.65 per hour 12 months later.
S 495 would clarify the exemption from overtime for certain computer professionals.
HR 1119 and S 317 would permit private-sector employers to offer compensatory time off instead of overtime pay. Under these measures, employees would be able to accrue up to 160 comp time hours, and employers would have to pay out unused comp time from the previous year.
Stay Tuned
We’ll keep you informed on the status of these and all other measures of importance to California employers.