WAGE Act

Bill: 114-s-2042
Sponsor: Sen. Murray, Patty [D-WA]
Introduced: 2015-09-16 in the Senate
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures
Administrative remedies
Civil actions and liability
Employment discrimination and employee rights
Evidence and witnesses
Labor-management relations
National Labor Relations Board (NLRB)
Wages and earnings

Summary:
action_date: 2015-09-16
text: 

Workplace Action for a Growing Economy Act or the WAGE Act

 
This bill amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to award back pay and additional liquidated damages equal to double the back pay, without any reduction, to any employee against whom an employer has discriminated with regard to hiring or because the employee has filed charges or given testimony or if the employer has committed an unfair labor practice resulting in the employee's discharge or other serious economic loss.
 
Civil penalties are established for violations of posting requirements and any violations causing serious economic loss to employees.
 
 Whenever it is charged that an employer has engaged in an unfair labor practice that significantly interferes with, restrains, or coerces employees in the exercise of guaranteed rights and involves discharge or other serious harm to an employee, the preliminary investigation of the charge shall be made forthwith and given priority generally over all other cases.
 
The U.S. district court shall: (1) have jurisdiction to grant injunctive relief or a temporary restraining order to protect the rights guaranteed, and (2) shall grant the relief requested unless the court concludes that there is no reasonable likelihood that the NLRB will succeed on the merits of the NLRB's claim.
 
A person injured by an unfair labor practice may bring a civil action in the appropriate district court.
 
Unauthorized aliens may be paid back pay under a court order directing reinstatement of an employee.
 
In any case where the NLRB finds that an election to determine a collective bargaining representative should be set aside because the employer committed a violation or otherwise interfered with a fair election, it shall issue an order requiring the employer to collectively bargain with the labor organization.
 
The NLRB shall dismiss any petition to represent a unit if in an election a majority of the valid votes cast in an appropriate unit have not been cast in favor of representation by the labor organization.
 
 The NLRB shall promulgate regulations requiring each employer to post and maintain, in conspicuous places, a notice setting forth the rights and protections afforded employees under such Act.
 
Each order of the NLRB shall take effect 30 days after notice of an NLRB order is given, unless the NLRB directs otherwise.
 
The NLRB shall apply to the district court in which an unfair labor practice or other subject of the order occurred for the enforcement of an order if any person or entity fails or neglects to obey it.


Legislative actions:
action_date: 2015-09-16
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2015-09-16
text: Introduced in Senate