House Passes Labor-Friendly Provisions

?The U.S. House of Representatives on July 14 passed several labor-friendly amendments as part of the National Defense Authorization Act (NDAA) for fiscal year 2023. The amendments now move to the Senate, where passage is uncertain. We’ve gathered articles on the news from SHRM Online and other media outlets.

Union-Friendly Amendments

One approved amendment to the NDAA would prohibit the U.S. Department of Defense from contracting with “union busting” employers. The House also approved an amendment that would give preference to contractors with union neutrality agreements. In addition, the House approved a proposal to make all agencies boycott contractors with two or more Fair Labor Standards Act violations in the past five years.

(Bloomberg Law)

Employer Opposition

Some employer groups opposed the labor-friendly amendments. The Coalition for a Democratic Workplace wrote a letter saying the proposals “do not belong on this bill.” Littler’s Workplace Policy Institute heads Shannon Meade and Michael Lotito wrote, “These partisan labor amendments contain previously failed policies that are overreaching and overly restrictive.”

(Bloomberg Law)

Prior Successful Ban-the-Box NDAA Amendment

NDAA amendments have previously included labor-friendly amendments. A prohibition against employers with federal contracts asking about a job applicant’s criminal history—part of a defense funding bill signed in late 2019—took effect in the last days of 2021. The “ban-the-box” provision was inserted into the NDAA for fiscal year 2020 and signed by former President Donald Trump. The provision means that federal contractors can no longer inquire about an applicant’s criminal history before extending a conditional job offer. The provision is intended to make it easier for people with a criminal record to gain employment.

(SHRM Online)

Paid Parental Leave Law for Federal Employees

The NDAA for fiscal year 2020 also included provisions for many federal employees to be eligible for paid parental leave. The new law doesn’t cover paid leave for medical reasons or employees outside the federal government.

(SHRM Online)

Billion-Dollar Entitlement

The paid parental leave entitlement is valued at about $1 billion a year. The right will let most federal employees take paid time off for part or all of 12 weeks over a 12-month period, effective with births, adoptions or foster placements. Previously, these workers could take 12 weeks of unpaid time available under the Family and Medical Leave Act.

(The Washington Post)

Few Men Take Much Parental Leave

When employers offer paid time off to new parents, the percentage of women using maternity leave following the birth or adoption of a child is likely to be at or near 100 percent, while only a fraction of men take all the paternity leave available to them. Researchers at Ball State University have found that less than 5 percent of men take two or more weeks of parental leave.

(SHRM Online)

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