Skip to main content

What I’ve Been Reading This Week: President Biden Edition

 

Several months into his presidency and Joe Biden has been quite active in regard to labor & employment law matters.  Following his abrupt termination of Peter Robb at the National Labor Relations Board and unsuccessful efforts to get Congress to approve a $15/hour minimum wage rate, President Biden has been full steam ahead in recent weeks to push more employee and labor friendly initiatives.  In doing so, I think it is appropriate to focus this post on several recent developments that have come out of the White House.

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


Executive Order Issued to Increase Federal Contract Worker Pay Rate

This past Tuesday, President Biden signed an executive order to increase the pay rate for federal contract workers to $15/hour, up from its current base rate of $10.95/hour.  A few things to note here.  First, it is estimated that nearly 400,000 federal contractors will receive a higher wage.  As well, all federal agencies will be required to include this higher wage rate in all contract offerings starting January 30 of next year.   In addition, the tipped minimum wage rate of $7.65/hour for federal contractors would be replaced in 2024 with the standard minimum ($15/hour +, depending upon the indexed inflation rate.)  Notably, the wage hike is indexed to inflation and will increase each year.  While President Biden has yet to get the federal minimum wage rate up to $15/hour, this is a step in the right direction for minimum wage advocates.


Emergency COVID Workplace Safety Rules One Step Closer to Reality

Upon coming into office, President Biden made workplace safety a key talking point, given the ongoing coronavirus pandemic.  While the new administration gave the Labor Department until March 15th to decide whether mandatory workplace safety rules were needed, that deadline came and went.  However, upon being confirmed by the Senate, new Labor Secretary Marty Walsh has gotten to work.  On Monday, the Labor Department sent proposed safety standards to the Office of Management and Budget (“OMB”) for review.  According to reports, the proposed safety standards would require employers to provide workers with masks, have a written plan to avert exposure to the coronavirus in the workplace, and take other related safety precautions.  It is expected the OMB will take two weeks before the safety rules are published, which would then likely take effect immediately.  Upon taking effect, these new safety rules will be in place for the next six months.


Paid Leave Proposal Part of $1.8 Trillion Spending Plan

On Wednesday, President Biden announced his support of a paid leave plan which would provide twelve weeks of paid leave per year for workers that take time off to recover from a health issue or serious illness, to deal with a family member’s military deployment, to address domestic violence, to care for a new child, to care for an ill family member, or following the death of a loved one.  The proposal, estimated to cost $225 billion (which is part of the $1.8 trillion spending plan), would replace two thirds of a workers’ average wages up to $4,000/month.  As a result, a worker could receive as much as $12,000 over the course of the twelve week paid leave program.  Of course, announcing this proposal does not make it law...but with President Biden pushing for it (and an apparent appetite in Congress to get some sort of paid leave law passed), this has the possibility of making it through Congress.  Stay tuned.

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum, it was noted that emplo

What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per