John Adler on Jobs

Form unions by card-check instead of secret ballot.

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

   Ban discriminatory compensation; allow 2 years to sue.

   Adler 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.

   Adler 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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