Core Provisions: The CARE Act would amend the Fair Labor Standards Act (”FLSA”) to (1) narrow the exemption for agricultural work to the employment of children working on their families’ farms; (2) increase civil penalties for child labor violations; (3) impose special criminal penalties for aggravated child labor violations; (4) require the Secretary of Labor to gather and analyze data on work-related injuries to children employed in agriculture; (5) impose additional employer reporting requirements for work-related injuries for employees who are minors; and (6) incorporate a pesticide-related worker protection standard.

Status: Rep. Roybal-Allard (D-CA) introduced H.R. 2674 on June 12, 2007, and it was referred to the House Committee on Education and Labor.  The legislation was referred to the Workforce Protections Subcommittee on July 24, 2007.

Core Provisions: This Act would allow a union to secure certification as a bargaining representation by presenting the Board with authorization cards from a majority of employees in a proposed bargaining unit. In addition, the Act provides new procedures to ensure employers and unions reach an initial agreement. In particular, bargaining must begin within ten days of a written request by the union and, if the parties are unable to reach an initial collective bargaining agreement within 90 days, then either party can request mediation. If the mediation is unsuccessful after 30 days, the dispute will be resolved through arbitration, which will have a binding effect for two years. Finally, the Act strengthens enforcement requirements and remedies with respect to unfair labor practices during union organizing drives. For example, the Act imposes liquidated damages in the amount of twice the back pay awarded and civil penalties of $20,000 for each time an employer willfully or repeatedly violates the employees’ right to organize.

Status: Rep. Miller (D-CA) introduced H.R.800 on February 5, 2007. The bill passed in the House of Representatives by a roll call vote on March 1, 2007. On March 29, 2007, S.1041 was introduced in the Senate by Sen. Kennedy (D-MA) and it was referred to the Committee on Health, Education, Labor and Pensions. On June 26, 2007, a Senate cloture vote to proceed on H.R.800 failed after supporters only were able to muster 51 votes in favor of cloture.  On February 28, 2007, the White House announced that President Bush would veto H.R.800 if presented to him.

Core Provisions: This Act would amend the National Labor Relations Act to expressly mandate that the statute not be interpreted to require employers “to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status.” This legislation is intended to address Supreme Court precedent protecting the practice of “salting,” wherein union organizers apply for jobs with the specific intent to organize the workplace.

Status: H.R.2670 was introduced by Rep. King (R-IA) on June 12, 2007 and is currently in the House Subcommittee on Health, Employment, Labor and Pensions. S.1570 was introduced by Sen. DeMint (R-SC) on June 7, 2007 and referred to the HELP Committee. H.R.2670 currently has 15 co-sponsors, while S.1570 has one co-sponsor.

Core Provisions: Proposed in response to the NLRB’s decision in Oakwood Healthcare, Inc., 348 NLRB No. 37 (Sept. 29, 2006), holding that employees spending only 10 percent of their time in a supervisory capacity may be considered “supervisors” and thus not entitled to unionize, the RESPECT Act would narrow the definition of supervisor under the NLRA. The RESPECT Act would delete the terms “assign” and “responsibly to direct” from the definition of supervisor - terms that the NLRB expanded to support its rulings - and would also require that statutory supervisors spend a majority of their workday performing supervisory duties.

Status: S.969 was introduced in the Senate by Sen. Dodd (D-CT) on March 22, 2007 and referred to the HELP Committee. In the House, the Committee on Education and Labor reported the bill out of committee on Sept. 19, 2007, by a vote of 26-20.