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Charles Schumer on Jobs

Democratic Sr Senator (NY)

 


Voted YES on extending unemployment benefits from 39 weeks to 59 weeks.

Congressional Summary:Revises the formula for Tier-1 amounts a state credits to an applicant's emergency unemployment compensation account. Increases the figures in the formula from 50% to 80% of the total amount of regular compensation ; and from 13 to 20 times the individual's average weekly benefit amount.

Proponent's argument to vote Yes:

Rep. CHARLES RANGEL (D, NY-15): The House, for weeks, has attempted to save the free world from a fiscal disaster. We have bailed out the banks and those who held mortgages. At the same time, we provided for energy extensions, we provided tax breaks for those people that tax provisions have expired. We provided for hurricane relief, for mental health. So over $1 trillion is out there for this House to ease the pain of millions of Americans.

While we were dealing with these gigantic powers, we overlooked the fact that over the last 12 months the number of unemployed workers has jumped by over 2 million, leaving 10 million Americans struggling for work. These are hardworking people that have lost their jobs through no fault of their own.

Rep. JERRY WELLER (R, IL-11): This important legislation provides additional needed assistance to the long-term unemployed. It's important that we pass this legislation today as our last act before we leave for the election campaign.

This legislation focuses the most additional benefits on workers and States where the unemployment rate is highest and where jobs are hardest to find. This program continues the requirement that those benefiting from extended unemployment benefits had to have worked at least 20 weeks. Americans were rightly concerned about proposals to eliminate that work requirement and allow 39 weeks or, under the legislation before us today, as many as 59 weeks of total unemployment benefits to be paid to those who have previously only worked for a few weeks.

Opponent's argument to vote No:None voiced.

Reference: Unemployment Compensation Extension Act; Bill HR.6867 ; vote number 2008-S214 on Nov 20, 2008

Voted YES on overriding presidential veto of Farm Bill.

OnTheIssues.org Explanation:This bill was vetoed twice! Congress passed an identical bill in May, which Pres. Bush vetoed. Congress then discovered that a clerical error. A replacement bill was passed; then vetoed again by the President; and this is its "final" veto override.Congressional Summary:Provides for the continuation of agricultural and other programs of the Department of Agriculture through FY2012. Revises agricultural and related programs, including provisions respecting:
  1. commodity programs;
  2. conservation;
  3. trade;
  4. nutrition;
  5. credit;
  6. rural development;
  7. research and related matters;
  8. forestry;
  9. energy;
  10. horticulture and organic agriculture;
  11. livestock;
  12. crop insurance and disaster assistance;
  13. socially disadvantaged and limited resource producers; and
  14. miscellaneous programs.
President's veto message:I am returning herewith without my approval H.R. 6124. The bill that I vetoed on May 21, 2008, H.R. 2419, did not include the title III (trade) provisions that are in this bill. In passing H.R. 6124, the Congress had an opportunity to improve on H.R. 2419 by modifying certain objectionable, onerous, and fiscally imprudent provisions [but did not].

This bill lacks fiscal discipline. It continues subsidies for the wealthy and increases farm bill spending by more than $20 billion, while using budget gimmicks to hide much of the increase. It is inconsistent with our trade objectives of securing greater market access for American farmers. [Hence] I must veto H.R. 6124.Proponents argument for voting YEA:We had a meeting this morning with the Secretary of Agriculture to talk about implementation. So [despite the two vetoes], the work has been going on within the department of agriculture to get ready for implementation.

This is a good bill. It has wide support in the Congress. It does address all of the issues that have been brought to the Agriculture Committee.

Reference: Veto Override on Food, Conservation, and Energy Act; Bill HR6124 ; vote number 2008-151 on Jun 18, 2008

Voted NO on terminating legal challenges to English-only job rules.

CONGRESSIONAL SUMMARY: To take $670,000 used by the EEOC in bringing actions against employers that require their employees to speak English, and instead use the money to teach English to adults through the Department of Education's English Literacy/Civics Education State Grant program.

SUPPORTER'S ARGUMENT FOR VOTING YES:Sen. ALEXANDER: Let me begin with this story. In March 2007, the Equal Employment Opportunity Commission sued the Salvation Army for allegedly discriminating against two employees in a Boston area thrift store. What had the Salvation Army done to earn this lawsuit from the Federal Government? Well, it had required its employees to speak English on the job. The English rule was clearly posted, and the employees were given a year to learn it. But this lawsuit means that a small business in Missouri would have to hire a lawyer in order to make sure they have a clear business reason to require their employees to speak our common language on the job.

So I have an amendment to bring some common sense to this subject. It would be to take $670,000 used by the EEOC, which it is using to bring actions against employers who require their employees to speak English.OPPONENT'S ARGUMENT FOR VOTING NO:Sen. KENNEDY: Let's look at what the law is and what the Alexander amendment provides. The law currently says that if there is a need to speak English on the job, fine; employers can require that. But employers cannot use English-only rules as an excuse when they want to fire minorities who are performing the job correctly. In this fact situation, those employees had performed the job correctly for 5 years.

In addition, this amendment reduces the EEOC's ability to fight all forms of discrimination because it cuts the entire budget. That means race, age, religion, and disability cases will be harmed. I hope the amendment will be defeated.LEGISLATIVE OUTCOME:Amendment passed, 54-44

Reference: Bill S.Amdt.4222 to S.Con.Res.70 ; vote number 08-S058 on Mar 13, 2008

Voted YES on limiting farm subsidies to people earning under $750,000.

Vote on an amendment to bill H.R. 2419 (Farm, Nutrition, and Bioenergy Act): To improve the adjusted gross income limitation and use the savings to reduce the Federal deficit.

Proponents support voting YES because:

Sen. KLOBUCHAR: The focus of this amendment is to make sure the subsidy and the safety net in the farm bill go to the people whom it will most help; that is, family farmers. The top 20 business recipients in the country have each gotten more than $3 million under this farm bill. Under the current system, a part-time farmer can have an income as high as $2.5 million from outside sources and still qualify for Federal farm benefits. I do not believe we should be handing out payments to multimillionaires, when these payments should be targeted to family farmers. This amendment places reasonable limits on the incomes of those who receive farm payments: If you are a full-time farmer, you can get the subsidies as long as your income does not exceed $750,000. If you are a part-time farmer or farm investor, you can participate in farm programs if your income does not exceed $250,000.

Opponents recommend voting NO because:

Sen. CHAMBLISS: I am disheartened that farm program critics continue to try to lead us into believing that there is a vast army receiving benefits to which they are not entitled. Stories about people receiving program benefits continue to make the headlines. But most of the people I know in these situations don't consider themselves wealthy. This debate is not about wealthy landowners and millionaires receiving program benefits. It is really about farmers in general, regardless of their economic situation, receiving program benefits. A few short months ago the debate was about making payments to millionaires and now we are at $750,000 and people want to go even further. This amendment is actually an assault on everyday farmers; but is disguised as an assault on wealthy landowners and millionaires.

Reference: Klobuchar Amendment to Farm, Nutrition, and Bioenergy Act; Bill S.Amdt. 3810 to H.R. 2419 ; vote number 2007-426 on Dec 13, 2007

Voted YES on restricting employer interference in union organizing.

    To enable employees to form & join labor organizations, and to provide for mandatory injunctions for unfair labor practices during organizing efforts. Requires investigation that an employer:
    1. discharged or discriminated against an employee to discourage membership in a labor organization;
    2. threatened to discharge employees in the exercise of guaranteed collective bargaining rights; and
    3. adds to remedies for such violations: back pay plus liquidated damages; and additional civil penalties.

    Proponents support voting YES because:

    The principle at stake here is the freedom that all workers should have to organize for better working conditions & fair wages. There are many employers around the country who honor this freedom. Unfortunately, there are also many employers who do not. These employers attempt to prevent workers from unionizing by using tactics that amount to harassment, if not outright firing. In fact, one in five people who try to organize unions are fired. These tactics are already illegal, but the penalties are so minor, they are not effective deterrents.

    Opponents support voting NO because:

    Democracy itself is placed at risk by this bill. The sanctity of the secret ballot is the backbone of our democratic process. Not one voter signed a card to send us here to Congress. None of us sent our campaign workers out to voters' houses armed with candidate information & a stack of authorization cards. No. We trusted democracy. We trusted the voters to cast their ballots like adults, freely, openly, without intimidation, and we live with the results. But here we are, poised to advance legislation to kill a secret ballot process.

    Let's be clear. Every American has the right to organize. No one is debating that. This is a right we believe in so strongly we have codified it and made it possible for workers to do so through a secret ballot.
    Status: Cloture rejected Cloture vote rejected, 51-48 (3/5ths required)

    Reference: Employee Free Choice Act; Bill H R 800 ; vote number 2007-227 on Jun 26, 2007

    Voted YES on raising the minimum wage to $7.25 rather than $6.25.

    Vote to increase the minimum wage from $5.15 per hour to $7.25 per hour, over a two-year time period, in three incremental stages. Without the amendment, the minimum wage would increase to $6.25 per hour.
    Reference: Amendment to the Fair Labor Standards Act of 1938; Bill S AMDT 44 to S 256 ; vote number 2005-26 on Mar 7, 2005

    Voted NO on repealing Clinton's ergonomic rules on repetitive stress.

    Vote to pass a resolution to give no enforcement authority to ergonomics rules submitted by the Labor Department during the Clinton Administration. These rules would force businesses to take steps to prevent work-related repetitive stress disorders
    Reference: Bill S J Res 6 ; vote number 2001-15 on Mar 6, 2001

    Voted NO on killing an increase in the minimum wage.

    The Kennedy (D-MA) Amdt would have increased the minimum wage by $1 an hour over two years, to $5.65 an hour beginning Jan. 1, 2001. The Kennedy Amdt would have also provided $9.5 billion in tax cuts over five years.
    Status: Motion to Table Agreed to Y)50; N)48; NV)2
    Reference: Motion to table Kennedy Amdt #2751; Bill S. 625 ; vote number 1999-356 on Nov 9, 1999

    Protect overtime pay protections.

    Schumer signed a letter from 43 Senators to the Secretary of Labor

    To: Labor Secretary Elaine Chao

    Dear Secretary Chao:

    We write to express our serious concerns about the Department's proposed regulation on white collar exemptions to the Fair Labor Standards Act. These sweeping changes could eliminate overtime pay protections for millions of American workers.

    We urge you not to implement this new regulation that will end overtime protections for those currently eligible. Under current law, the FLSA discourages employers from scheduling overtime by making overtime more expensive. According to a GAO study, employees exempt from overtime pay are twice as likely to work overtime as those covered by the protections. Our citizens are working longer hours than ever before – longer than in any other industrial nation. At least one in five employees now has a work week that exceeds 50 hours. Protecting the 40-hour work week is vital to balancing work responsibilities and family needs. It is certainly not family friendly to require employees to work more hours for less pay.

    Overtime protections clearly make an immense difference in preserving the 40-hour work week. Millions of employees depend on overtime pay to make ends meet and pay their bills for housing, food, and health care. Overtime pay often constitutes 20-25% of their wages. These workers will face an unfair reduction in their take-home pay if they can no longer receive their overtime pay.

    We urge you not to go forward with any regulation that denies overtime pay protections to any of America's currently eligible hard-working men and women.

    Source: Letter from 43 Senators to the Secretary of Labor 03-SEN4 on Jun 30, 2003

    Rated 85% by the AFL-CIO, indicating a pro-union voting record.

    Schumer scores 85% by the AFL-CIO on union issues

    As the federation of America’s unions, the AFL-CIO includes more than 13 million of America’s workers in 60 member unions working in virtually every part of the economy. The mission of the AFL-CIO is to improve the lives of working families to bring economic justice to the workplace and social justice to our nation. To accomplish this mission we will build and change the American labor movement.

    The following ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.

    Source: AFL-CIO website 03n-AFLCIO on Dec 31, 2003

    Form unions by card-check instead of secret ballot.

    Schumer signed H.R.1409&S.560

    Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.

      Requires that priority be given to any charge that, while employees were seeking representation by a labor organization, an employer:
    1. discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization;
    2. threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or
    3. engaged in any unfair labor practice that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.
      Source: Employee Free Choice Act 09-HR1409 on Mar 10, 2009

      Raise the minimum wage to $10.10 per hour by 2016.

      Schumer co-sponsored Minimum Wage Fairness Act

      Congressional summary: Increases the federal minimum wage for employees to:

      1. $8.20 an hour beginning 6 months after enactment
      2. $9.15 an hour beginning 1 year later,
      3. $10.10 an hour beginning 2 years later, and
      4. an amount determined by increases in the Consumer Price Index, beginning annually after 3 years.
      • Increases the federal minimum wage for tipped employees to $3.00 an hour beginning 6 months after enactment, with annual CPI adjustments.

      Proponent's argument in favor (RaiseTheMinimumWage.com): The federal minimum wage of $7.25 per hour remains decades out of date, and the federal minimum wage for tipped workers--$2.13 per hour--has not increased in over 20 years. The minimum wage of the past provided significantly more buying power than it does today. The minimum wage of $1.60 an hour in 1968 would be $10.56 today when adjusted for inflation.

      Opponent's argument against: (Neil King in Wall Street Journal, Feb. 24, 2014): The CBO concluded that a jump in the minimum wage to $10.10 an hour could eliminate 500,000 jobs. For Republicans, the report provided ammunition that a higher minimum wage would kill jobs. Democrats pointed to the CBO's findings that the higher wage would lift 900,000 people out of poverty. But both sides missed a key finding: That a smaller hike from the current $7.25 to $9.00 an hour would cause almost no pain, and still lift 300,000 people out of poverty while raising the incomes of 7.6 million people.

      Congressional Budget Office report: Once fully implemented, the $10.10 option would reduce total employment by about 500,000 workers, or 0.3%. Some people earning slightly more than $10.10 would also have higher earnings, due to the heightened demand for goods and services. The increased earnings for low-wage workers would total $31 billion. Accounting for all increases and decreases, overall real income would rise by $2 billion.

      Source: S.1737 & H.R.1010 14-S1737 on Nov 19, 2013

      Let Senate cafeteria workers organize their own union.

      Schumer signed unionizing Senate cafeteria workers

      Excerpts from Letter from 31 Senators to the Compass Group: Senate cafeteria workers are currently pushing for a union through the majority sign up process, but their employer, the Compass Group, has resisted the drive, even after the NLRB upheld charges against the company regarding discriminatory behavior. Although the Compass Group promised the NRLB they would end further unlawful intimidation, the Compass Group has discouraged their organizing campaign.

      We request there that the Compass Group commit to reaching an agreement with the union seeking to organize these workers, and recognize the union as the worker's exclusive bargaining representative on the basis of majority representation of signed authorization cards.

      OnTheIssues explanation: At issue is how the workers would unionize: the controversial aspect is the "majority of authorization cards," known as "card-check," which makes unionization much more likely.

      Opposing argument: (Cato Institute, "Labor's Day is Over," Sep. 6/2009): Card-check would effectively abolish the secret ballot in workplace elections for union representation. It would also require employers to submit to binding government arbitration if they cannot reach an agreement with union representatives, forcing companies to submit to contracts that may imperil their very survival.

      Opposing freedom argument: (Heritage Foundation, "Card Checks Block Free Choice," Feb. 21, 2007): Union activists argue that publicly signing a union membership card in the presence of union organizers, known as card-check organizing, is the only way that workers can freely choose to unionize. However, with card checks, union organizers know who has and has not signed up to join the union. This allows them to repeatedly approach and pressure reluctant workers. With this technique, a worker's decision to join the union is binding, while a decision to opt out only means "not this time."

      Source: Letter to Compass Group 15LTR-COM on Nov 13, 2015

      Extend unemployment compensation during recession.

      Schumer co-sponsored extending unemployment compensation during recession

      A bill to provide for a program of temporary extended unemployment compensation. Provides for federal-state agreements under which a state will make temporary extended unemployment compensation payments to individuals who:

      1. have exhausted all rights to regular compensation under state or federal law with respect to a benefit year (excluding any benefit year that ended before one year before the enactment of this Act);
      2. have no rights to regular compensation or extended compensation with respect to a week under such law or any other state or federal unemployment compensation law;
      3. are not receiving compensation for such week under the unemployment compensation law of Canada; and
      4. filed an initial claim for regular compensation on or after one year before the enactment of this Act.
      Source: Emergency Unemployment Extension Act (S.2544&H.R.4934) 2008-S2544 on Jan 22, 2008

      Ban discriminatory compensation; allow 2 years to sue.

      Schumer signed Lilly Ledbetter Fair Pay Act

        Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when:
      1. a discriminatory compensation decision or other practice is adopted;
      2. an individual becomes subject to the decision or practice; or
      3. an individual is affected by application of the decision or practice, including each time wages, benefits, or other compensation is paid.
      Allows an aggrieved person to obtain relief, including recovery of back pay, for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to practices that occurred outside the time for filing a charge. Applies the preceding provisions to claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

      [Note: A woman named Lilly Ledbetter filed a lawsuit for gender-based discriminatory compensation. The Supreme Court ruled that Ms. Ledbetter could only sue for damages going back 180 days, and the 180 days was calculated from the time her employment contract was initiated, i.e., her hire date. This new law changes the 180-day period to two years, and also calculates the date from the time of each paycheck, rather than the hire date. -- Ed.]

      Source: S.181&H.R.11 2009-S181 on Jan 29, 2009

      Stronger enforcement against gender-based pay discrimination.

      Schumer signed Paycheck Fairness Act

        A bill to amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex.
      • Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience.
      • Prohibits employer retaliation for inquiring about, discussing, or disclosing the wages of the employee in response to a sex discrimination investigation.
      • Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or punitive damages.
      • States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent.
      Source: S.182&H.R.12 2009-S182 on Jan 8, 2009

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