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What I’ve Been Reading This Week


One of the more closely watched labor law topics since President Joe Biden came into office has been the Protect the Right to Organize Act (also known as the PRO Act).  For those unaware, the PRO Act amounts to a compilation of wish list items that labor advocates have long sought, including expanding joint employer classifications, overriding state right to work laws, overturning prohibitions on secondary boycotts, and prohibiting employers from replacing economic strikers or locking out employees, among other far reaching ideas.  A majority, if not all, portions of the PRO Act are strongly opposed by Republicans and employers.  However, with Democrats having majority control of the House and Senate, and President Biden indicating his support for the legislation, should the PRO Act actually become law, it would drastically rewrite labor laws across the country in an extremely unfavorable way for employers.  Given the potential ramifications of that legislation, I have two articles I want to highlight on the matter this week.

As always, below are a couple articles that caught my eye this week.


Working Remotely & Able to Move? West Virginia Will Pay You $12,000 to Move There

Say no more, the title of this article says it all.  As NPR reports, for workers that are working remotely and that will agree to live in West Virginia for at least two years, the state will pay them $12,000 to move there and work remotely.  The program, dubbed Ascend WV, seeks to bring in workers that are no longer tied down to a physical workplace because of the coronavirus.  With reports of large cities such as New York City and San Francisco seeing a notable number of people leaving the high cost of living for a more affordable option, perhaps the Ascend WV program might just catch on.


West Virginia Senator Gives Needed Boost to PRO Act

Earlier this week, Democratic West Virginia Senator Joe Manchin indicated he would co-sponsor the Senate version of the PRO Act.  The Los Angeles Times notes that while Senator Manchin’s support for the legislation was no sure thing, his willingness to support the legislation is a big step in moving its passage closer to reality.  Granted, there is still a possibility (if not likelihood) of a filibuster stalling the legislation.  However, with the House of Representatives having already approved the PRO Act, I would suspect things will start to ramp up in the Senate now that Senator Manchin is on board.


State Attorneys General Voice Opposition to PRO Act

As noted above, while the PRO Act will soon start working its way through the Senate, that has not stopped opposition at the local level.  Earlier this month, South Carolina Attorney General Alan Wilson sent a letter to the Senate to voice opposition to the PRO Act.  The South Carolina Attorney General, joined by Attorneys General from 13 other states, has sought to make it clear that passage of the PRO Act goes against the will of a majority of states that have passed right to work laws...something that the PRO Act would outlaw.  Whether this opposition will move the needle remains to be seen, but it is likely that pressure will mount against the PRO Act as it moves through the Senate.

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