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One to Keep An Eye On: The HEROES ACT (U.S. Congress)


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Recently, Democrats in the House of Representatives unveiled H.R 6800 (116), also known as the HEROES Act. This legislation has many notable proposals including allocating nearly $1 trillion for state and local governments dealing with the coronavirus, additional direct payments to many Americans, and additional funding for worker training.

While all of those proposals in the HEROES Act likely merit their own discussion, there is one section in particular that I want to highlight.  Under this proposed legislation, the Occupational Safety and Health Administration (“OSHA”) would be charged with issuing a mandatory workplace health standard to protect workers from the coronavirus.  Readers might recall that over the past few months, there have been several protests, sick outs, and related measures by workers that have sought to draw attention to their perceived lack of employer provided protections to combat the coronavirus in the workplace.

Many expect that Democrats in the House will seek to advance this legislation quickly.  However, with a Senate controlled by Republicans, I would expect this legislation will falter if it advances that far.  With much of the debate over how to provide economic stimulus measures to combat the coronavirus becoming a partisan issue, a Democratic backed HEROES Act might not get too far in a divided U.S. Congress.



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