PENNSYLVANIA AFL-CIOPresident Rick Bloomingdale — Secretary-Treasurer Frank Snyder

PENNSYLVANIAWORKERS' BILL OF RIGHTS

The Pro-Labor Legislative Package That Puts Working Families First.

ModeratorsWORKERS' BILL OF RIGHTSDiscussion Panel 2021

Representative

Dan Miller House Democratic Caucus Chair

State House of Representatives

D - District 42

Representative

Tom MehaffieState House of Representatives

R - District 106

Every worker has the right to a voice at work. Advancing workers’ rights must include strengthening and expanding access to collective bargaining, the pursuit of fair consideration for our time and our labor, and protections for safety and health on the job.

Employers who violate the rights of workers should not be rewarded for offensive labor practices. Instead, workers should be recognized as stakeholders in their own right. With these principles in mind, the Pennsylvania AFL-CIO, representing 700,000 union members, has joined with union champions in the state legislature to proactively expand worker dignity in our Commonwealth.

WORKERS' BILL OF RIGHTS

PennsylvaniaWorkers' Bill of Rights

No. 1 — Strengthening Collective Bargaining Rights

No. 2 — Holding Employers Accountable for Violations

No. 3 — Expanding Rules to Protect Worker Safety

No. 4 — Promoting the Creation of Good Union Jobs

No. 5 — Setting Fair Standards for Wages and Benefits

No. 6 — Protecting Workers from Harassment & Discrimination

No. 7 — Requiring Fair Scheduling and Leave Policies

No. 8 — Ensuring a Dignified Retirement for All Workers

WE PROPOSE:

Legislative Package2021-2022 PENNSYLVANIAWORKERS' BILL OF RIGHTS

Strengthening Workers'Collective Bargaining Rights

One Fair Wage (Kim) Re-circulating/re-introducing HB

The Jake Schwab Worker Safety Bill(Harkins) Re-circulating/re-introducing HB

(Isaacson) Filed as HB 346

Paid Family Leave Act(Briggs) Re-circulating/re-introducing HB

Fair Work Week(Fiedler) Re-circulating/re-introducing HB

[House Bills/Resolutions

1/4]

Legislative Package2021-2022 PENNSYLVANIAWORKERS' BILL OF RIGHTS

JSGC Resolution to StudyEconomic & Workforce Transition

Equal Pay(Sims/T. Davis) Re-circulating/re-introducing HB

Improving Employee Voices inthe Workplace(Miller) Filed as HB 88

(Miller) Filed as HR 13

Valuing Employers Who ValuePennsylvanian Workers (Miller/Markosek) Re-circulating/re-introducing HB

UC Eligibility for Striking Workers(Miller) Filed as HB 90

[House Bills/Resolutions

2/4]

Legislative Package2021-2022 PENNSYLVANIAWORKERS' BILL OF RIGHTS

Family Medical Leave forPennsylvanians*

College Athlete Fair Pay to Play Act(Miller/Gainey) Re-circulating/re-introducing HB

(Sappey) *NEW* Co-sponsorship Memo

circulated

Farm Laborers CollectiveBargaining Act(Miller/Hohenstein) Re-circulating/re-introducing HB

The Family Care Act*(Thomas/Miller) *NEW* Co-sponsorship Memo circulated

[House Bills/Resolutions

3/4]

Equal Pay*(Bullock/Shusterman/O'Mara) *NEW*Co-sponsorship Memo circulated

Legislative Package2021-2022 PENNSYLVANIAWORKERS' BILL OF RIGHTS

Workplace Health & SafetyStandards for Public Employees(Tartaglione) Re-circulating/re-introducing SB

Modernization of Minimum Wage Act(Tartaglione) Re-circulating; Bill # reserved SB12

[Senate Bills/Resolutions

4/4]

One Fair WageHB TBD / SB12 - Modernization of Minimum Wage Act

Set wage increase timetable • $12/hour immediately

• Increase $.50 each July 1 until reaching $15/hr

Annual increase indexed to rate of inflation• After meeting $15/hr, annual increases based on CPI

Eliminate tipped wage• Tips may not be counted against the wages due to an employee

• Tips must be paid solely to whom they were left

Eliminate preemption on municipalwage ordinances

The Jake Schwab Worker Safety ActHB TBD / SB TBD - Workplace Health & Safety Standards for Public Employees

Workplace protections• Establish OSHA-equivalent safety rules for public employees

• Extend protections to 500,000 public employees currently

exempt from OSHA

PA Dept. of Labor & Industry leverage• Would have authority to perform workplace safety inspections

• Would be able to levy fines against employers

Strengthening Workers' Collective Bargaining RightsHB 346

Updates Pennsylvania Labor Relations Act

Worker misclassification• Corporations that violate workers’ rights are subject to penalties

for worker misclassification

Help new unions to contract

• Ensure newly formed unions have access to mediation &

arbitration to successfully navigate through the first contract

Fair-share fees

Paid Family Leave ActHB TBD

Current FMLA

• The Family Federal and Medical Leave Act currently only

provides unpaid leave for extended periods off

• U.S. is the only industrialized country without a national paid

parental leave requirement

Creating paid family/parental leave

• The paid Family Leave Act would allow eligible employees

up to 12 weeks off at full pay

• Counted against FMLA entitled leave

Fair Work WeekHB TBD

Predictable work schedule

• Require employers to set clear workweek rules

• Establish reliable scheduling consistency for workers,

particularly those in retail, hospitality, and food service

Predictability pay

• Pays workers when their shift is canceled or drastically changed

• Helps address poverty and strengthen communities

• Currently adopted in the City of Philadelphia

Equal PayHB TBD

Pay equity

• Requires that employer defenses (the reasons employers give for

setting a salary) are job-related, not sex-based

• Updates the conditions under which employers could pay

different wages due to factors other than the employee’s gender

Protections

• Ban salary history questions and cover all employees

• Fortify protections for employees who are attempting to bring a

pay-equity lawsuit against their employer

• Protect those who share information about their pay

Valuing Employers Who Value Pennsylvanian WorkersHB TBD

State funding requirements for Corporations

• To receive any form of funding from the state, must:

• Not have violated the Fair Labor Standards Act within the

previous five years

• Not have been found guilty of an unfair labor practice within the

previous five years

• Not have been found to have violated the Prevailing Wage Act

within the previous five years

Governing boards

• Must file bylaws with the Department of State

• At least 20% of governing board must be employees

elected by the workers of that corporation

JSGC Resolution to StudyEconomic & Workforce TransitionHR 13

Automation & trade impact on workers

• Requires the Joint State Government Commission to understand

inter-agency capacity to assist workers, families, and

communities in economic transition

• Considers economic and labor projections over next 25 years

• Allow us to develop an adequate plan to mitigate the impact of

automation & trade policy

• Able to better protect family-sustaining jobs in Pennsylvania

long-term

UC Eligibility forStriking WorkersHB 90

UC eligibility period• This bill amends Section 401 of the UC Law

• Would allow a claimant who files a UC claim and meets the

existing eligibility provisions to be eligible for UC benefits

• This is specifically if a claimant is unemployed due to a stoppage

of work caused by a labor dispute

• In the case of a strike, there shall be a 30-day waiting period

• Waiting period shall not appl in the event of a lockout

Improving EmployeeVoices in the WorkplaceHB 88

State funding requirements for Corporations

• To receive any form of funding from the state, must:

• Not have violated the Fair Labor Standards Act within the

previous five years

• Not have been found guilty of an unfair labor practice within

the previous five years

• At least 20% of governing board must be employees elected

by the workers of that corporation

College Athlete FairPay to Play ActHB TBD

Allow college athletes to:

• Sign endorsement details,

• Earn compensation for their name, image, and likeness

• Sign licensing contracts to earn money

• Be allowed to hire an agent to represent them

• Ensure that the high risk of injury and extended recovery is met

with adequate opportunity to earn accordingly

Allow college athletes to:

Farm LaborersCollective Bargaining ActHB TBD

Allow farm laborers to unionize

• Agriculture laborers are currently one of only two classes of

workers excluded from protection under NLRA

• 11 states, including AZ, KS, LA, & NY have extended the right to

organize at the state level

Right to organize

• Allows workers to unionize once a majority signs

authorization card

• Sets a process of mediation and arbitration in relation to

contract impasses

• Requires a day off (at least 24 hrs) each calendar week

• Sets overtime options at 60 hours a week and

ensures overtime pay at 1.5x

Family Medical Leave forPennsylvaniansHB TBD

Unpaid leave• Provide up to six weeks of protected, unpaid leave

• Eligible employees include those caring for a grandparent,

parent, sibling, or grandchild with a certified terminal illness

The Family Care ActHB TBD

Statewide Family and Medical Leave Insurance Program• Provide employees the ability to invest small deductions from

their weekly earnings into a state-managed fund

• All working individuals would make a small payroll contribution

to support the program

• Administered by the Department of Labor and Industry

• Benefits calculated on a graduated scale

• Program is accessible to low-wage workers

• Utilize the fund when the need to take off work for an extended

(eligible) period comes

• Retain the job while out of work, until able to return

• Reduces use of state entitlement programs and

provides more financial security

Impact

Statewide Family and Medical LeaveInsurance Program

Impact

PENNSYLVANIA AFL-CIOPRESIDENT RICK BLOOMINGDALE — SECRETARY-TREASURER FRANK SNYDER

For questions or comments, please contact PA AFL-CIO Legislative Director,

Sarah Hammond, at 717-640-1376 or shammond@paaflcio.org

PENNSYLVANIAWORKERS' BILL OF RIGHTS