Labor and Workforce Development (LWD) Policy Committee

A RESOLUTION CALLING ON STATE AND FEDERAL GOVERNMENT TO CONDUCT DISPARITY STUDIES TO ELIMINATE DISCRIMINATION IN CONTRACTING

WHEREAS, it is the goal of the National Black Caucus of State Legislators (NBCSL) to continue to press for fairness and equality for minority-owned businesses in contract procurement at the national, state, and local levels;

WHEREAS, there is a history of discrimination against minority and female business owners in the award of public contracts in every state in the United States;

WHEREAS, minority- and women-owned business throughout the United States continue to suffer the present effects of past discrimination in the award of public contracts;

WHEREAS, the operation and maintenance of open, fair, and equitable procurement systems by federal, state, and local governments will benefit all businesses and citizens of every state;

WHEREAS, it is otherwise in the best interests of federal, state, and local governments to promote equal opportunity in the State’s goods and services contracting;

WHEREAS, federal, state, and local governments have clear constitutional duties to prevent racial and gender based discrimination in purchasing and contracting by or on behalf of the State;

WHEREAS, in the case of the City of Richmond v. J.A.Croson Company, 488 U.S. 469, 103 L.Ed.2d 854, 109 S.Ct. 705 (1989), the United States Supreme Court set forth the legal standard that a state, county, or local government must satisfy to justify establishing and/or continuing a program aimed at increasing minority and female participation in the procurement process, in that such governments must utilize “race neutral” means to increase minority participation in contracting in the absence of a firm evidentiary basis for enacting “race-conscious” measures; and

WHEREAS, since the Supreme Court’s decision in City of Richmond v. Croson, many state and local governments have authorized and conducted disparity studies to determine whether there is a compelling government interest in remedying current discrimination and/or the present effects of past discrimination with regard to contract procurement and related matters.

THEREFORE BE IT RESOLVED, the National Black Caucus of State Legislators urges (NBCSL) its members to introduce legislation in their respective jurisdictions requiring the state to conduct a minority and women-owned business utilization study, ascertaining, among other things, the number of state contracts awarded to minority- and women-owned businesses as compared to the number of businesses willing and able to provide the services set forth in the available state contracts;

BE IT FURTHER RESOLVED that NBCSL hereby recommends that its members introduce legislation in their respective jurisdictions requiring such state to allocate funds sufficient to conduct the above-referenced business utilization studies; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• SPONSOR: Representative Larry J. Miller (TN)
• Committee of Jurisdiction: Labor and Workforce Development Policy Committee
• Certified by Committee Co-Chair: Senator Ron Rice (NJ)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President

A RESOLUTION ON PROTECTION OF WORKERS FROM EMPLOYERS’ MISCLASSIFICATION

WHEREAS, it is important for government to distinguish between an independent contractor and an employee in the United States;

WHEREAS, the Internal Revenue Service (IRS) in the early 1990s began to seriously look for employers who were misclassifying employees as independent contractors;

WHEREAS, in 2011, the IRS and the U.S Department of Labor entered into a Memorandum of Understanding (MOU) in an effort to jointly increase worker misclassification audit;

WHEREAS, the MOU expanded the multi-agency approach in ensuring compliance with federal employment and unemployment tax requirements;

WHEREAS, worker classification initiatives have been a top priority of the IRS, the U.S. Department of Labor and state agencies;

WHEREAS, the distinction between independent contractors and employees is not always clear and continues to evolve;

WHEREAS, employee misclassification allows employers to avoid paying unemployment and other taxes on workers, and from covering workers on compensation and unemployment insurance;

WHEREAS, employers pay taxes on employees but not on an independent contractor, thus
misclassification of workers may result in tax evasion;

WHEREAS, businesses must abide by state and federal labor laws, including minimum wage and over-time laws for their employees;

WHEREAS, misclassification of workers has serious consequences for state and federal governments, and deprives the state and federal government of properly due revenue, including income, Social Security, Medicare and unemployment taxes that are needed to pay for public services and benefits such as unemployment insurance; and

WHEREAS, in July 2015, the U.S. Department of Labor issued new guidelines on the misclassification of employees as independent contractors.

THEREFORE, BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) encourage and support federal and state legislation and initiatives investigate the intentional misclassification of workers;

BE IT FURTHER RESOLVED, that NBCSL encourage and support federal and state legislation, and initiatives that penalizes employers who intentionally misclassify workers depriving the federal and state government from receiving the much-needed revenue to pay for public services and benefits such as unemployment insurance;

BE IT FURTHER RESOLVED, that NBCSL supports President Obama’s 2017 budget request to include $10 million in funding to revive a DOL grant program to help states combat worker misclassification;

BE IT FURTHER RESOLVED, that NBCSL encourage and support the U.S. Department of Labor to continue to sign MOUs with states that enables the federal government and state government to share information and to coordinate enforcement efforts to ensure that employees receive the protections to which they are entitled under Federal and State Law.

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives, and the United States Senate, other federal and state government officials as appropriate.

• SPONSOR: Senator Ron Rice (NJ)
• Committee of Jurisdiction: Labor and Workforce Development Policy Committee
• Certified by Committee Co-Chair: Senator Ron Rice (NJ)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President

A RESOLUTION THAT ESTABLISHES SUPPORT FOR THE PROTECTION F WORKERS RIGHTS AND EMPLOYER ACCOUNTABILITY TO WORKERS

WHEREAS, it is important for government to distinguish between an independent contractor and an employee in the United States;

WHEREAS, the Internal Revenue Service (IRS) in the early 1990s began to seriously look for employers who were misclassifying employees as independent contractors;

WHEREAS, in 2011, the IRS and the U.S Department of Labor entered into a Memorandum of Understanding (MOU) in an effort to jointly increase worker misclassification audit;

WHEREAS, the MOU expanded the multi-agency approach in ensuring compliance with federal employment and unemployment tax requirements;

WHEREAS, worker classification initiatives have been a top priority of the IRS, the U.S. Department of Labor and state agencies;

WHEREAS, the distinction between independent contractors and employees is not always clear and continues to evolve;

WHEREAS, employee misclassification allows employers to avoid paying unemployment and other taxes on workers, and from covering workers on compensation and unemployment insurance;

WHEREAS, employers pay taxes on employees but not on an independent contractor, thus
misclassification of workers may result in tax evasion;

WHEREAS, businesses must abide by state and federal labor laws, including minimum wage and over-time laws for their employees;

WHEREAS, misclassification of workers has serious consequences for state and federal governments, and deprives the state and federal government of properly due revenue, including income, Social Security, Medicare and unemployment taxes that are needed to pay for public services and benefits such as unemployment insurance; and

WHEREAS, in July 2015, the U.S. Department of Labor issued new guidelines on the misclassification of employees as independent contractors.

THEREFORE, BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) encourage and support federal and state legislation and initiatives investigate the intentional misclassification of workers;

BE IT FURTHER RESOLVED, that NBCSL encourage and support federal and state legislation, and initiatives that penalizes employers who intentionally misclassify workers depriving the federal and state government from receiving the much-needed revenue to pay for public services and benefits such as unemployment insurance;

BE IT FURTHER RESOLVED, that NBCSL supports President Obama’s 2017 budget request to include $10 million in funding to revive a DOL grant program to help states combat worker misclassification;

BE IT FURTHER RESOLVED, that NBCSL encourage and support the U.S. Department of Labor to continue to sign MOUs with states that enables the federal government and state government to share information and to coordinate enforcement efforts to ensure that employees receive the protections to which they are entitled under Federal and State Law.

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives, and the United States Senate, other federal and state government officials as appropriate.

• SPONSOR: Senator Ron Rice (NJ)
• Committee of Jurisdiction: Labor and Workforce Development Policy Committee
• Certified by Committee Co-Chair: Senator Ron Rice (NJ)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President

A RESOLUTION URGING WORKER PROTECTION FOR PREGNANT WOMEN IN THE WORKPLACE

WHEREAS, the Pregnancy Discrimination Act was passed in 1978 as an amendment to the Civil Rights Act of 1964;

WHEREAS, the Pregnancy Discrimination Act forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment;

WHEREAS, in March 2015, the U.S. Supreme Court ruled in favor of Peggy Young in a pregnancy discrimination case, Young v. United Parcel Service, holding that employers may not burden pregnant workers while accommodating most other groups of workers, including workers with disabilities and those temporarily unable to perform their normal duties;

WHEREAS, the National Black Caucus of State Legislators (NBCSL) firmly believes that no worker should live in fear that her job is at risk simply because she is pregnant;

WHEREAS, women are nearly half of the workforce in the United States, and their income is increasingly important to their families and our economy;

WHEREAS, nearly three in ten charges of pregnancy discrimination filed with the U.S. Equal Employment Opportunity Commission were from black women;

WHEREAS, pregnant women throughout the country work hard to make ends meet, but too often, they are forced out of their jobs or denied minor job modifications that would allow them to continue providing for their families while protecting their health and the health of their babies; and

WHEREAS, eighteen states and the District of Columbia have laws that give a pregnant employee the right to reasonable accommodations at work.

THEREFORE, BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports and call upon Congress and State Governments to promulgate, and pass into law legislation that strengthens and affirms the court’s decision in Young v. UPS that would ensure that pregnant women are treated fairly;

BE IT FURTHER RESOLVED, NBCSL calls on Congress to pass the Pregnancy Workers Fairness Act, which would require employers to make reasonable accommodations for pregnant employees, prohibit discrimination against pregnant employees, and prohibit employers from forcing pregnant employees to take paid or unpaid leave;

BE IT FURTHER RESOLVED, NBCSL supports legislation that would provide workers with a clear, predictable rule and will prevent employers from placing pregnant workers on unpaid leave, firing them or forcing them to quit when they seek a temporary and reasonable accommodation;

BE IT FURTHER RESOLVED, that NBCSL supports legislation that ensure pregnant women workers are not forced out their jobs or denied reasonable accommodations that would enable them to continue working and supporting their families; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States; the Vice President of the United States, members of the United States House of Representatives and United States Senate; and other federal and state government officiates as appropriate.

• SPONSOR: Senator Ron Rice (NJ)
• Committee of Jurisdiction: Labor and Workforce Development Policy Committee
• Certified by Committee Co-Chair: Senator Ron Rice (NJ)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President

A RESOLUTION URGING THE ADMINISTRATION AND U.S. CONGRESS TO ENFORCE TRADE LAWS THAT PROTECT DOMESTIC BUSINESS FROM UNFAIR FOREIGN COMPETITION

WHEREAS, there is much concern and criticism that the United States trade deals for the past 25 years have been corporate-driven, incorporating rules that “skew benefits to economic elites” while requiring working families to bear the brunt of such policies;

WHEREAS, the growing trade deficit, driven by the North American Free Trade Agreement (NAFTA), China’s accession to the World Trade Organization, and the United States-Korea Free Trade Agreement have displaced 700,000 jobs and 3.2 million jobs and 75,000 jobs respectively;

WHEREAS, U.S. employment in manufacturing dropped by five million from the year 2000 to the year 2015;

WHEREAS, jobs lost due to trade devastate families and entire communities and can permanently reduce lifetime earnings for hundreds of thousands of workers;

WHEREAS, currency manipulation occurs when a country artificially depresses the value of its currency; and

WHEREAS, currency manipulation is key driving force behind the rising U.S. trade deficit.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) encourages and supports trade legislation and agreements that protect and promote traditional state and local prerogatives and authority under our federal system;

BE IT FURTHER RESOLVED, that NBCSL encourages and supports trade legislation and agreements that ensures that states and localities will not be required to comply with certain commitments, including any restrictions on preference for local, state or U.S. goods or services without the prior informed consent of the local governments;

BE IT FURTHER RESOLVED, that NBCSL encourages and supports trade legislation and agreements that ensure balanced trade and address the excessive, job killing U.S. trade deficit;

BE IT FURTHER RESOLVED, that NBCSL encourages and supports trade legislation and agreement that include enforceable rules against currency manipulation, which countries have previously used to their advantage;

BE IT FURTHER RESOLVED, that NBCSL encourages and supports trade legislation and agreements that countries cannot undercut U.S. based producers with weaker labor and environmental laws and enforcement;

BE IT FURTHER RESOLVED, that NBCSL encourages and supports legislation and agreements that ensure that the U.S. will engage in strong enforcement of trade rules, including labor and environment rules;

BE IT FURTHER RESOLVED, that NBCSL encourages and supports legislation that prevents substantial job loss in the U.S. and protects worker interests;

BE IT FURTHER RESOLVED, that NBCSL encourages and supports trade legislation and agreements that include strong rule of origin to promote economic growth and job creation in the U.S.;

BE IT FURTHER RESOLVED, that NBCSL encourages and supports legislation and agreements that promote high standards of protection for workplaces, products and natural resources rather than promoting a “race to the bottom;”

BE IT FURTHER RESOLVED, that NBCSL encourages and supports trade legislation and agreements that ensure the interests of the people and the environment are taken into consideration and given priority over the interests of private profit; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States; the Vice President of the United States, members of the United States House of Representatives and United States Senate; and other federal and state government officials as appropriate.

• SPONSOR: Senator Ron Rice (NJ)
• Committee of Jurisdiction: Labor and Workforce Development Policy Committee
• Certified by Committee Co-Chair: Senator Ron Rice (NJ)
• Ratified in Plenary Session: Ratification Date is December 3, 2016
• Ratification is certified by: Senator Catherine Pugh (MD), President