If enacted, HB 4708 has the potential to impact several state laws regarding labor and employment. By simplifying the application process for temporary work visas, the legislation may enable businesses to more effectively manage seasonal labor needs without the current hurdles associated with visa issuance. One of the central arguments for this bill is that it addresses labor shortages in industries that rely heavily on seasonal, temporary workers, such as agriculture and hospitality. Proponents believe that easier access to a reliable labor force will positively affect these sectors and help to sustain economic growth.
Summary
House Bill 4708, known as the 'H–2 Improvements to Relieve Employers Act' or 'HIRE Act', is designed to streamline the issuance processes related to H-2A and H-2B nonimmigrant temporary work visas. The bill proposes significant changes that aim to facilitate the employment of foreign workers in the United States by extending the duration of certifications and petitions to three years. It also allows for certain provisions like waiving in-person interviews for returning workers, which are intended to reduce bureaucratic delays and make it easier for employers to secure the workforce they need.
Contention
However, the bill has also raised concerns among various stakeholders. Critics emphasize that streamlining these processes may come at the expense of protecting American jobs. There are worries that prioritizing foreign workers might hinder employment opportunities for local residents, particularly in areas facing high unemployment rates. Additionally, advocates for immigration reform question whether this approach adequately safeguards the rights of temporary workers or holds employers accountable for fair labor practices.
DIGNIDAD (Dignity) Act of 2023 Dignity for Immigrants while Guarding our Nation to Ignite and Deliver the American Dream Act of 2023 American Promise Act Transnational Criminal Organization Prevention and Elimination Act Protecting Sensitive Locations Act Dream Act Legal Workforce Act American Prosperity and Competitiveness Act H–2B Returning Worker Exception Act American Dream and Promise Act Border Security for America Act
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.
Legal Workforce Act This bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify. The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents. Employers shall reverify certain types of employees who were not previously verified using E-verify. The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers. Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the information from the system. The bill establishes a phased-in participation deadline for different categories of employers, including agricultural employers. The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.