Us Congress 2023-2024 Regular Session

Us Congress House Bill HB785

Introduced
2/2/23  

Caption

To amend the Fair Labor Standards Act of 1938 to require paid rest breaks for certain construction employees, and for other purposes.

Impact

The impact of HB 785 on state laws could be significant as it introduces new employee rights within the construction sector. By delineating mandatory paid breaks, the bill creates more robust labor protections for construction workers, addressing a gap that currently exists in federal labor law. However, the bill also reinforces existing state laws and municipal ordinances that might require longer breaks for employees, ensuring that local regulations are not overridden.

Summary

House Bill 785 aims to amend the Fair Labor Standards Act of 1938 by requiring employers in the construction sector to provide paid rest breaks for their employees. Specifically, the bill mandates that construction employees receive at least one 15-minute paid rest break for every four hours of work. Employers are also required to inform their employees, in their primary language, about their rights regarding paid breaks and protections against retaliation for taking such breaks or filing complaints about violations. Additionally, the bill stipulates that employers must prominently display this information at their job sites.

Contention

The introduction of HB 785 may lead to discussions and potential contention regarding its feasibility for small construction businesses, with concerns that mandated breaks could disrupt productivity and increase costs. On the other hand, labor advocates may argue that these breaks are essential for workplace safety and employee well-being. The bill's success will likely hinge on how stakeholders from both the labor and business communities perceive its implications and whether they believe the benefits of improved employee rights outweigh the operational challenges posed by the new requirements.

Companion Bills

No companion bills found.

Previously Filed As

US HB5513

To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.

US HB429

No Tax Breaks for Radical Corporate Activism Act This bill disallows a business expense tax deduction for any reimbursement paid by an employer to an employee for travel expenses to obtain an abortion, or for the costs of any gender transition procedure for the employee's minor child.

US HB1319

To amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.

US HB20

Richard L. Trumka Protecting the Right to Organize Act of 2023 This bill expands various labor protections related to employees' rights to organize and collectively bargain in the workplace. Among other things, it (1) revises the definitions of employee, supervisor, and employer to broaden the scope of individuals covered by the fair labor standards; (2) permits labor organizations to encourage participation of union members in strikes initiated by employees represented by a different labor organization (i.e., secondary strikes); and (3) prohibits employers from bringing claims against unions that conduct such secondary strikes. The bill also allows collective bargaining agreements to require all employees represented by the bargaining unit to contribute fees to the labor organization for the cost of such representation, notwithstanding a state law to the contrary; and expands unfair labor practices to include prohibitions against replacement of, or discrimination against, workers who participate in strikes. The bill makes it an unfair labor practice to require or coerce employees to attend employer meetings designed to discourage union membership and prohibits employers from entering into agreements with employees under which employees waive the right to pursue or a join collective or class-action litigation. The bill further prohibits employers from taking adverse actions against an employee, including employees with management responsibilities, in response to that employee participating in protected activities related to the enforcement of the prohibitions against unfair labor practices (i.e., whistleblower protections). Such protected activities include providing information about a potential violation to an enforcement agency, participating in an enforcement proceeding, initiating a proceeding concerning an alleged violation or assisting in such a proceeding, or refusing to participate in an activity the employee reasonably believes is a violation of labor laws. Finally, the bill addresses the procedures for union representation elections, provides employees with the ability to vote in such elections remotely by telephone or the internet, modifies the protections against unfair labor practices that result in serious economic harm, and establishes penalties and permits injunctive relief against entities that fail to comply with National Labor Relations Board orders.

US HB1543

To direct the Secretary of Labor to ensure that the database relating to investigations under the Fair Labor Standards Act of 1938 is language accessible, and for other purposes.

US HB5233

To amend the Passport Act of June 4, 1920, to make certain improvements with respect to expenditure and other authorities, and for other purposes.

US SB3018

A bill to amend the Fair Labor Standards Act of 1938 and the National Labor Relations Act to clarify the standard for determining whether an individual is an employee, and for other purposes.

US HB17

Paycheck Fairness Act This bill addresses wage discrimination on the basis of sex, which is defined to include pregnancy, sexual orientation, gender identity, and sex characteristics. Specifically, it limits an employer's defense that a pay differential is based on a factor other than sex to only bona fide job-related factors in wage discrimination claims, enhances nonretaliation prohibitions, and makes it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages. The bill also increases civil penalties for violations of equal pay provisions. Additionally, the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs must train EEOC employees and other affected parties on wage discrimination. The bill directs the Department of Labor to (1) establish and carry out a grant program to provide training in negotiation skills related to compensation and equitable working conditions, (2) conduct studies to eliminate pay disparities between men and women, and (3) make available information on wage discrimination to assist the public in understanding and addressing such discrimination. The bill establishes the National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. It also establishes the National Equal Pay Enforcement Task Force to address compliance, public education, and enforcement of equal pay laws. Finally, the bill requires the EEOC to issue regulations for collecting from employers compensation and other employment data according to the sex, race, and national origin of employees for use in enforcing laws prohibiting pay discrimination.

US HB626

Breaking the Gridlock Act

US HB5428

No Tax Breaks for Union Busting (NTBUB) Act

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