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The Employee Free Choice Act
This report discusses legislative attempts to amend the National Labor Relations Act ("NLRA") to allow for union certification without an election, based on signed employee authorizations. The Employee Free Choice Act ("EFCA") has been introduced in the past three Congresses to allow union certification based on signed authorizations, provide a process for the bargaining of an initial agreement, and prescribe new penalties for certain unfair labor practices.
The Haitian Economy and the HOPE Act
This report discusses the HOPE Act as it relates to the Haitian economy and U.S. trade policy. In providing preferential access to Haitian apparel imports, the HOPE Act, as amended, gives Haitian firms a competitive (price) advantage over other foreign producers who must pay U.S. duties on apparel exports made from yarns and fabrics supplied by non-regional (e.g., Asian) producers.
Labor, Health and Human Services, and Education: FY2009 Appropriations
This report discusses budget appropriations that is one part of a complex federal budget process that includes budget resolutions, appropriations (regular, supplemental, consolidated, and continuing) bills, rescissions, and budget reconciliation bills. This report is a guide to one of the 13 regular appropriations bills that Congress considers each year. It is designed to supplement the information provided by the House and Senate Labor, Health and Human Services, and Education Appropriations Subcommittees.
Proposed Colombia Free Trade Agreement: Labor Issues
This report examines three labor issues and arguments related to the pending U.S.-Colombia free trade agreement (CFTA, H.R. 5724): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians.
Federal Employees: Pay and Pension Increases Since 1969
Under the terms of the Federal Employees' Pay Comparability Act of 1990 (P.L. 101-509), pay for civilian federal employees is adjusted each year to keep the salaries of federal workers competitive with comparable occupations in the private sector. The annual increases in federal employee pay are based on changes in the cash compensation paid to workers in the private sector, as measured by the ECI. Under certain circumstances, the President may limit the annual increase in federal pay by executive order. Federal law also requires Social Security benefits and the pensions paid to retired federal employees to be adjusted each year. The COLAs for both Social Security and civil service pensions are based on the rate of inflation as measured by the CPI.
Authority of the Senate to Exclude and Not Seat a Senator-Elect or Senator-Designate
This report is about the Authority of the Senate to exclude and not seat a Senator-elect or Senator-Designate.
Job Loss and Infrastructure Job Creation During the Recession
The report examines trends in employment and job loss since the start of the latest recession then focuses on job creation estimates associated with increased spending on infrastructure, placing a heavy emphasis on explaining the limitations with the methodology that is often utilized to develop the estimates.
Immigration of Foreign Workers: Labor Market Tests and Protections
This report provides an overview on the labor market tests and protections of the immigration of foreign workers.
Immigration-Related Worksite Enforcement: Performance Measures
Over the past few years, the media have been filled with reports about worksite enforcement operations, commonly referred to as immigration raids. These operations represent the public face of efforts by the Department of Homeland Security to curtail the employment of unauthorized immigrants. According to 2006 estimates, there are some 7.8 million unauthorized workers in the U.S. civilian workforce. Enforcement activity by the Department of Labor (DOL) is also relevant to a discussion of federal efforts to curtail unauthorized employment.
Converting Retirement Savings into Income: Annuities and Periodic Withdrawals
To a worker contemplating retirement, there is perhaps no more important question than "How long will my money last?" Congress has a strong interest in the income security of older Americans because much of their income is either provided directly from public programs like Social Security, or in the case of pensions and retirement accounts, is subsidized through tax deductions and deferrals. This report discusses risks involved with retirement fund disbursement and strategies for dealing with such risks.
Converting Retirement Savings into Income: Annuities and Periodic Withdrawals
To a worker contemplating retirement, there is perhaps no more important question than "How long will my money last?" Congress has a strong interest in the income security of older Americans because much of their income is either provided directly from public programs like Social Security, or in the case of pensions and retirement accounts, is subsidized through tax deductions and deferrals. This report looks at strategies to help deal with the following risks: longevity, investment, inflation, and unexpected events.
Proposed Colombia Free Trade Agreement: Labor Issues
This report examines three labor issues and arguments related to the pending U.S.-Colombia free trade agreement (CFTA): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians. This report addresses this issue at length, including the arguments for and against the agreement, as well as general U.S.-Colombia economic relations.
Proposed Colombia Free Trade Agreement: Labor Issues
This report examines three labor issues and arguments related to the pending U.S.-Colombia free trade agreement (CFTA): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians. This report addresses this issue at length, including the arguments for and against the agreement, as well as general U.S.-Colombia economic relations.
Worker Safety in the Construction Industry: The Crane and Derrick Standard
This report first examines the incidence of fatal and nonfatal on-the-job injuries in the private sector. It next analyzes the causes of fatalities in the construction industry and the involvement of cranes in those deaths. The report then addresses the status of a proposed rule to update the Occupational Safety and Health Administration's (OSHA) crane and derrick standard. It closes with an overview of jurisdictions having safety regulations for cranes more stringent, in whole or part, than the existing federal standard.
Temporary Farm Labor: The H-2A Program and the U.S. Department of Labor's Proposed Changes in the Adverse Effect Wage Rate (AEWR)
This report begins with a description of the H-2A program. Next, the report explains how the AEWR is currently determined and how it would be calculated under the proposed regulations. Finally, the report examines some potential effects of the proposed change in the AEWR on the wages and employment of foreign and U.S. workers on U.S. farms.
Child Labor in America: History, Policy, and Legislative Issues
The history of child labor in America is long and unsavory. It dates back to the founding of the United States. Traditionally, most children, except for the privileged few, has always worked - either for their parents or for an outside employer. Through the years, however, child labor practices have changed. This report details the history of child labor in American, the Child Labor Under the Fair Labor Standards Act, the re-emergence of the child labor issue in the late 20th century, and child labor initiatives in the 108th,109th, and 110th Congresses.
Federal White-Collar Pay: FY2009 Salary Adjustments
This report discusses the federal white-collar employee pay. The annual pay adjustment is based on the Employment Cost Index (ECI), which measures changes in private-sector wages and salaries.
Pay-for-Performance: Linking Employee Pay to Performance Appraisal
This report discusses issues related to measuring performance across the federal government and analyzes a variety of methods utilized by the government to measure employee performance and its linkage to pay.
Cost-of-Living Adjustments for Federal Civil Service Annuities
Cost-of-living adjustments (COLAs) for the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) are based on the rate of inflation as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). All CSRS retirees and survivors receive COLAs. Under FERS, however, non-disabled retirees under age 62 do not receive COLAs. This report discusses cost-of-living adjustments for government retirees, as well as related legislation.
Social Security: The Cost-of-Living Adjustment in January 2009
The 5.8% COLA payable in January 2009 was triggered by the rise in the CPI-W from the third quarter of 2007 to the third quarter of 2008. This COLA triggers identical percentage increases in Supplemental Security Income (SSI), veterans' pensions, and railroad retirement benefits, and causes other changes in the Social Security program. Although COLAs under the federal Civil Service Retirement System (CSRS) and the federal military retirement program are not triggered by the Social Security COLA, these programs use the same measuring period and formula for computing their COLAs. Their recipients will also receive a 5.8% COLA in January 2009.
The Americans with Disabilities Act (ADA) Coverage of Contagious Diseases
The Americans with Disabilities Act (ADA), provides broad nondiscrimination protection for individuals with disabilities in employment public services, public accommodations and services operated by private entities, transportation, and telecommunication. This report briefly discusses the Americans with Disabilities Act's statutory provisions relating to contagious diseases and relevant judicial interpretations.
Taxation of Unemployment Benefits
Unemployment compensation (UC) benefits have been fully subject to the federal income tax since the passage of the Tax Reform Act of 1986 (P.L. 99-514). Individuals who receive UC benefits during a year may elect to have the federal (and in some cases state) income tax withheld from their benefits. H.R. 6844 would provide a two-year suspension of the taxation of UC benefits. This report provides an overview of the taxation of UC benefits and legislation related to taxing UC benefits.
The Haitian Economy and the HOPE Act
This report discusses the HOPE Act as it relates to the Haitian economy and U.S. trade policy. In providing preferential access to Haitian apparel imports, the HOPE Act, as amended, gives Haitian firms a competitive (price) advantage over other foreign producers who must pay U.S. duties on apparel exports made from yarns and fabrics supplied by non-regional (e.g., Asian) producers.
The Federal Workforce: Characteristics and Trends
This report discusses the federal workforce, which is also expected by some to reflect the gender, racial, and ethnic diversity of the country as a whole. In addition, understanding recent changes in the overall size and composition of the federal workforce can indicate what changes may lie in the future.
Military Base Closures: Socioeconomic Impacts
The most recent Base Realignment and Closure (BRAC) Commission submitted its final report to the Administration on September 8, 2005. In the report, the commission rejected 13 of the initial Department of Defense recommendations, significantly modified the recommendations for 13 other installations, and approved 22 major closures. The loss of related jobs, and efforts to replace them and to implement a viable base reuse plan, can pose significant challenges for affected communities. This report explores the potential economic impact of military closures on communities, especially rural communities, which are more heavily affected by such closures and suffer from slower economic recovery times in such instances.
Older Workers: Employment and Retirement Trends
This report begins by describing the change in the age distribution of the U.S. population that will occur between 2005 and 2025 and by summarizing the historical data on the labor force participation of older workers. This discussion is followed by an analysis of data from the Census Bureau's Current Population Survey on employment and receipt of pension income among persons age 55 and older. Employment trends among older workers are then discussed in the context of data from the Social Security Administration on the proportion of workers who claim retired-worker benefits before the full retirement age (65 years and 10 months for people who turn 65 in 2008). The final section of the report discusses "phased retirement," a process that combines reduced hours of work with receipt of pension income.
Worker Safety in the Construction Industry: The Crane and Derrick Standard
This report first examines the incidence of fatal and nonfatal on-the-job injuries in the private sector. It next analyzes the causes of fatalities in the construction industry and the involvement of cranes in those deaths. The report then addresses the status of a proposed rule to update the Occupational Safety and Health Administration's (OSHA) crane and derrick standard. It closes with an overview of jurisdictions having safety regulations for cranes more stringent, in whole or part, than the existing federal standard.
Trafficking in Persons: U.S. Policy and Issues for Congress
This report focuses on human trafficking both internationally and within the United States. The report begins with an overview of human trafficking including a discussion of the definition of human trafficking, the scope of the problem globally, and an examination of the victims. It follows with an analysis of global antitrafficking efforts by the United States and the international community. The report then focuses on trafficking into and within the United States, examining relief for trafficking victims in the United States and discussing U.S. law enforcement efforts to combat domestic trafficking. The report concludes with an overview of antitrafficking legislation in the 110th Congress, and an analysis of policy issues related to human trafficking.
Unemployment Compensation (Insurance) and Military Service
The Unemployment Compensation (UC) program contains several provisions relevant to current and former military service personnel and their families. The UC program does not provide benefits for military servicemembers on active duty. However, former active duty military personnel (and certain reservists) separated from active duty may be eligible for Unemployment Compensation for Ex-Servicemembers (UCX). Spouses of military service personnel who voluntarily quit a job to accompany their spouses on account of a military transfer may be eligible for UC benefits, based on the laws of the state where the civilian spouse was employed. States may choose to create provisions that remove or limit these tax increases in certain situations.
Job Loss: Causes and Policy Implications
Job loss is one of the most important macroeconomic problems facing policymakers, both in terms of its economic and social cost. This report discusses factors that cause job loss and the policy implications.
Globalization, Worker Insecurity, and Policy Approaches
This report discusses the global economy, or what many call globalization, which has a growing impact on the economic futures of American companies, workers, and families. Increasing integration with the world economy makes the U.S. and other economies more productive. For most Americans, this has translated into absolute increases in living standards and real disposable incomes.
Globalization, Worker Insecurity, and Policy Approaches
This report discusses the global economy, or what many call globalization, which has a growing impact on the economic futures of American companies, workers, and families. Increasing integration with the world economy makes the U.S. and other economies more productive. For most Americans, this has translated into absolute increases in living standards and real disposable incomes.
H.R. 6500, The Thrift Savings Plan Enhancement Act of 2008
This report describes the various aspects of the Thrift Savings Plan Enhancement Act of 2008.
Foreign Science and Engineering Presence in U.S. Institutions and the Labor Force
The increased presence of foreign students in graduate science and engineering programs and in the scientific workforce has been and continues to be of concern to some in the scientific community. Enrollment of U.S. citizens in graduate science and engineering programs has not kept pace with that of foreign students in those programs. Many in the scientific community maintain that in order to compete with countries that are rapidly expanding their scientific and technological capabilities, the country needs to bring to the United States those whose skills will benefit society and will enable us to compete in the new-technology based global economy. This report analyzes this issue in detail and includes discussion of related legislation.
Emergency Unemployment Compensation
The Emergency Unemployment Compensation (EUC) program is a temporary unemployment insurance program that provides up to 13 additional weeks of unemployment benefits to certain workers who have exhausted their rights to regular unemployment compensation (UC) benefits. The program effectively begins July 6, 2008, and will terminate on March 28, 2009. No EUC benefit will be paid beyond the week ending July 4, 2009.
Labor, Health and Human Services, and Education: FY2009 Appropriations
This report is a guide to one of the regular appropriations bills that Congress considers each year.
Tax Treatment of Employer Educational Assistance for the Benefit of Employees
Educational assistance offered by employers to their employees may be exempt from federal income tax under Section 127 and Section 132 of the Internal Revenue Code. Section 127 is the employer educational assistance exclusion; Section 132, the fringe benefit exclusion for working condition benefits (e.g., job-related eduction) among other benefits. Congress established the two tax provisions well before it enacted to her higher education tax benefits meant to assist taxpayers, their spouses, and dependents -- regardless of employment status -- pay current educational expenses incurred while obtaining postsecondary degrees and undertaking lifelong learning.
Trafficking in Persons in Latin America and the Caribbean
This report describes the nature and scope of the problem of trafficking in persons in Latin America and the Caribbean. It then describes U.S. efforts to deal with trafficking in persons in Latin America and the Caribbean, as well as discusses the successes and failures of some recent country and regional anti-trafficking efforts. The report concludes by raising issues that may be helpful for the 110th Congress to consider during its second session as it continues to address human trafficking as part of its authorization, appropriations, and oversight activities.
Government Spending on Health Care Benefits and Programs: A Data Brief
In a country where health spending accounts for more than 16% of gross domestic product (GDP), health care costs and spending are often described as a problem for consumers and their families; for employers that provide (or seek to provide) health benefits; and for government, which finances a mix of health care services, health research and training, and health safety programs. To describe government spending on health care benefits and programs, this report presents data from the Office of Management and Budget (OMB), the Congressional Budget Office (CBO), and the Centers for Medicare and Medicaid Services (CMS).
The Fair Labor Standards Act: Continuing Issues in the Debate
This reports details the history of the Fair Labor Standards Act (FLSA). It focuses on the administration of the act and the interpretation of provisions, which Congress has left to the discretion of the Secretary of Labor. It also considers judicial decisions, which make up a substantial part of wage/hour issues and have an impact upon enforcement of the statute.
Immigration: Policy Considerations Related to Guest Worker Programs
This report discusses guest worker programs. The United States has two main programs for temporarily importing low-skilled workers, or guest workers. Agricultural guest workers enter through the H-2A visa program, and other guest workers enter through the H-2B visa program.
Haiti: Legislative Responses to the Food Crisis and Related Development Challenges
Haiti faces several interrelated challenges, the most immediate being a deepening food crisis that in April 2008 led to deadly protests and the ouster of Haiti's prime minister. Haiti also suffers from a legacy of poverty, unemployment, and underdevelopment that is compounding security problems for its new and fragile democracy. This report follows the current situation in Haiti and key legislative initiatives designed to help address Haiti's many challenges.
Coal Excise Tax Refunds: United States v. Clintwood Elkhorn Mining Co.
In 1998, a U.S. district court held that the imposition of the coal excise tax, or black lung excise tax, on coal destined for export was unconstitutional. The process of refunding the tax has been controversial. This is because some coal producers and exporters have attempted to bypass the limitations in the Internal Revenue Code's refund scheme for bringing suit under the Export Clause in the Court of Federal Claims, seeking damages from the United States in the amount of coal excise taxes paid. The Federal Circuit Court of Appeals held the court had jurisdiction under the Tucker Act to hear the suits and allowed them as an alternative to the Code's refund process. However, in a 2008 decision, United States v. Clintwood Elkhorn Mining Co., the Supreme Court unanimously held that taxpayers must comply with the Code's administrative refund process before bringing suit. Meanwhile, H.R. 1762 and S. 373 would provide an alternative method for taxpayers to receive coal excise tax refunds.
Rejection of Collective Bargaining Agreements in Chapter 11 Bankruptcies: Legal Analysis of Changes to 11 U.S.C. Section 1113 Proposed in H.R. 3652 -- The Protecting Employees and Retirees in Business Bankruptcies Act of 2007
This report discusses the bill that prescribes the parameters of offers that may be made by the debtor in negotiations as well as the requirements that must be met before a court can approve rejection. The bill also provides an absolute right of all employees to strike if their collective bargaining agreements (CBA), is modified or rejected.
Leave Benefits in the United States
This report begins by reviewing federal statutes that pertain directly or indirectly to employer provision of leave benefits for any purpose, including the Pregnancy Discrimination Act and the Family and Medical Leave Act. It then examines the incidence of different types of paid leave that U.S. employers voluntarily provide as part of an employee's total compensation (wages and benefits). The report closes with results from a federal government survey of the average direct cost to businesses of different types of leave.
Farm Labor: The Adverse Effect Wage Rate (AEWR)
This report is written from the perspective of labor policy and details the Adverse Effect Wage Rate (AEWR), related to farm labor, under which a guest worker must be paid state or federal minimum wage.
Overview of Labor Enforcement Issues in Free Trade Agreements
This report identifies two types of enforcement issues: (1) those that relate to the Free Trade Agreements (FTA) provisions themselves, including their definitions and their enforceability, and (2) those that relate to executive branch responsibilities, such as resource availability and determining dispute settlement case priorities.
The Executive Schedule IV Pay Cap on General Schedule Compensation
This report provides information on the effect of the Executive Schedule (EX-IV) pay cap on pay for General Schedule (GS) employees; and discusses the potential implications of the pay cap on salaries, pensions, and the ability of agencies to recruit and retain staff. The report also provides some background information on the GS and Executive Schedule pay systems and the annual pay adjustment processes in those systems.
The Definition of "Supervisor" Under the National Labor Relations Act
This report contains the definition of Employee under the National Labor Relations Act (NLRA), including an overview of the RESPECT Act.
Homeland Security and Labor-Management Relations: NTEU v. Chertoff
This report provides a summary of the opinions of the district court and court of appeals and subsequent developments.
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