simply collecting signature cards from a majority of the workers rather than having a private ballot election administered by the National Labor Relations Board ( NLRB ). This provision is known as the “ card check ” proposal . This proposal also allows the unions to collect signatures anywhere – at the workers home , at work , or even at the grocery store . The bill also requires employers to hand over private personal information of their employees to unions such as home addresses , mobile phone numbers and private email addresses .
The PRO Act would also nullify the ruling from NLRB issued in 2020 about what constitutes a joint employer and codify the decision in the case know as the Browning-Ferris ( BFI ). The BFI decision rewrote the definition of a joint employer under the National Labor Relations Act ( NLRA ). Under the BFI definition of joint employer both a franchise and the franchisor would be determined to both be employers of the workers at the franchise .
The PRO Act also prohibits employers from having their employees sign arbitration agreements that waive their right to participate in class-action lawsuits . The Supreme Court affirmed this right of employers in Epic Systems Corporation v . Lewis .
On February 28 , 2023 , President Biden nominated the current Deputy Secretary of Labor Julie Su to be the next Secretary of the Department of Labor . Su would be the first Asian American Cabinet Secretary in the Biden Administration if confirmed .
Julie Su was formerly the Labor Commissioner for the state of California and served as the head of the California Labor and Workforce Development Agency . During her service as Labor Secretary in California , the state legislature passed Assembly Bill 5 ( AB5 ) which forced independent contractors to be classified as W-2 workers in the state . Julie Su was seen as the architect of that law and aggressively enforced it as Labor Secretary .
This nomination is considered to be quite controversial .
HELP ’ s Ranking Member , Senator Cassidy , has questioned her ability to effectively lead the Department given her “ troubling record ” saying that the Committee should have a “ full and thorough hearing process ” on her nomination . Moreover , there will likely be strong opposition to her nomination from the business community in Washington targeting the conservative and moderate Democratic and Independent Senators .
The Workforce Innovation and Opportunity Act ( WIOA ) is likely to be considered in this Congress . WIOA was last reauthorized in 2014 and there is a desire to rewrite this statute given the changes in our workforce since the law was last reauthorized . WIOA is a federal-state partnership that allows and funds states ’ efforts to access employment , education , training , and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy .
The House Ways and Means Committee is looking to put together an “ economic ” tax bill for consideration later this spring or early summer . The package ’ s goals and outlines have not been released but Members who serve on the committee are identifying their priorities should a large tax bill be written . CLDA
Have an issue that ’ s affecting your business or a concern about legislation ? Get in touch with Mark Cossack , chair of CLDA ’ s Government Affairs Committee . Better yet why not join and become an active part of defending our industry ? The work of this committee is funded by CLDA ’ s Advocacy Fund . Your donation to this committee supports their year-round advocacy for your business success . Contribute today to keep this valuable work going .
10 customized logistics & delivery Magazine I spring 2023