Sec. 401. Minimum labor standards for climate resilience workers

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding any other provision of law, an entity that, directly or indirectly, receives funds under section 301 or 302, without regard to the form or type of Federal assistance provided under such section or part, shall comply with labor standards under this section. Not later than 90 days after the date of enactment of this Act, the Director, in coordination with the Secretary, shall— develop a process to monitor compliance with the labor standards specified in this section, including coordination with the Climate Resilience Workers Commission, that requires entities receiving funding through the grant program established in section 301 to provide information to demonstrate compliance at any time during the grant period; issue rules to determine penalties for noncompliance; and notify the Office of any entity that is determined to be noncompliant.

The Director shall require an entity, as a condition of eligibility to receive funding under sections 301 to satisfy each of the following requirements: The entity shall ensure that— all laborers and mechanics employed on projects funded directly, or assisted in whole or in part, by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ‘‘Davis-Bacon Act’’); all individuals employed using funds under this Act in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract will be paid wages at rates not less than employees performing similar work or in the particular or similar industries or groups of industries currently operating in the locality in which the materials, supplies, articles, or equipment are to be manufactured or furnished as determined by the Secretary of Labor in accordance with sections 6501 through 6511 of title 41, United States Code (commonly referred to as the Public Contracts Act ); and all individuals employed in the various classes of service employees using funds under this Act are paid wages at rates not less than the employees performing similar work in the locality as determined by the Secretary under chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ).

In the case of any project for which the total cost exceeds $25,000,000, the entity shall be a party to, or require contractors and subcontractors in the performance of such project to be a party to a covered project labor agreement. The entity, and all contractors and subcontractors in performance of any project, shall represent in the application submitted under sections 301 of this Act (and periodically thereafter during the performance of the project as the Director may require) whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Director, rendered against the entity in the preceding 3 years (or, in the case of disclosures after the initial disclosure, during such period as the Director may provide) for violations of— the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ); the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ); the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq. ); the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act ); chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ); sections 6501 through 6511 of title 41, United States Code (commonly referred to as the Public Contracts Act );

Executive Order 11246 (relating to equal employment opportunity); section 503 of the Rehabilitation Act of 1973 ( 29 U.S.C. 793 ); section 4212 of title 38, United States Code; the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ); title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq. ); sick leave for Federal contractors Executive order; leave provided under section 5102 of the Emergency Paid Sick Leave Act ( 29 U.S.C. 2601 note);

Executive Order 14026 (relating to the minimum wage for Federal contractors); or State laws with protections equivalent to the protections listed under this subparagraph, as defined in guidance issued by the Secretary of Labor not later than 90 days after the date of enactment of this Act. The entity, and all contractors and subcontractors in the performance of the project, may not require arbitration for any dispute involving an employee described in subparagraph

(E)engaged in a service for the entity or any contractor and subcontractor, or enter into any agreement with such employee requiring arbitration of any such dispute, unless such employee is covered by a collective bargaining agreement that provides otherwise. For purposes of compliance with the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), and the requirements under this section, the entity, and all contractors and subcontractors in the performance of any project, shall consider an individual performing any service in such performance as an employee (and not an independent contractor) of the entity, contractor, or subcontractor, respectively, unless— the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; the service is performed outside the usual course of the business of the entity, contractor, or subcontractor, respectively; and the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. The entity shall prohibit all contractors and subcontractors in the performance of any project from hiring employees through a temporary staffing agency unless the relevant State workforce agency certifies that temporary employees are necessary to address an acute, short-term labor demand. The entity shall require all contractors, subcontractors, successors in interest of the entity, and other entities that may acquire the entity, in the performance or acquisition of any project, to have and abide by an explicit neutrality policy on any issue involving the exercise by employees of the entity as described in paragraph (5), and of all contractors and subcontractors in the performance of any project, of the right to organize and bargain collectively through representatives of their own choosing. Except for persons covered under subparagraph (A)(1), the entity shall pay persons employed, in whole or in part, using funds under this Act— for the 1-year period beginning on the date of enactment, not less than $15 per hour; for each year thereafter, the amount determined by the Secretary under paragraph (4). The wage determined by the Secretary under this paragraph shall be equal to the amount in effect for the previous year— increased by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics; and rounded up to the nearest multiple of $0.05. Nothing in this section shall be construed preempt the application of higher wage scales determined by Federal, State, or municipal law or regulation or collective bargaining agreements. The following provisions shall apply with respect to any individual employed using funds under section 301: Any employer who violates the provisions of section 401(a)(3) or subparagraph

(B)or

(E)shall be liable to the employee or employees affected in the amount of— unpaid minimum wages or their unpaid overtime compensation, as the case may be; an additional equal amount as liquidated damages, back pay, compensatory damages, and punitive damages, as the Secretary determines appropriate; and such legal or equitable relief as may be appropriate to effectuate the purposes of these sections, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages. An action to recover the liability prescribed in clause

(i)may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of themself, themselves and other employees similarly situated. The court in such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action. The Secretary may bring an action in any court of competent jurisdiction to recover damages described in clause (i). It shall be unlawful for any person to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee. Each entity, including grantees, contractors and subcontractors, will be joint and severally liable for all violations of minimum labor standards under this title, regardless of current regulations and court decisions related to standards for joint employment. It shall not be a defense that the work was subcontracted. In the case of an absence of a collective bargaining agreement, the minimum health insurance requirement for workers under this title is fully employer-paid health insurance coverage that at least meets the level of a Silver plan as defined by the Affordable Care Act. Paid vacation, paid holidays, sick leave, and family leave in an amount equivalent to that received by comparably employed Federal employees and safe leave equivalent to subsection (b)(2) shall be provided to each worker, depending upon the years of employment with the entity. No employer shall receive funds under this Act unless employees who perform or will perform work funded under this Act (including employees of an entity with which the employer contracts for the performance of work funded under this Act) are represented for purposes of collective bargaining by a labor organization. The restriction under subparagraph

(A)shall not apply if— the employer certifies that such employees are covered by a labor harmony agreement or that no labor organization represents or has expressed interest in representing such employees; no employee has expressed interest in representation by a labor organization; the Department of Labor publishes the certification required under clause (i); and after a reasonable period of not less than 90 days following the publication under clause (ii), no labor organization disputes the certification and the employer again certifies that such employees are covered by a labor harmony agreement or that no labor organization represents or has expressed interest in representing such employees for the purposes of collective bargaining. No such employee may be compelled to become a member of a labor organization as a condition of employment. The restriction under subparagraph

(A)shall be both a prerequisite to receiving funds and an ongoing condition of receiving funds, except in cases in which a majority of such employees vote pursuant to section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) to decertify an incumbent labor organization representative during the course of funded work. In this paragraph, the term labor harmony agreement means a written agreement between an employer and a labor organization representing, or seeking to represent, employees that contains, at a minimum, a provision prohibiting the labor organization and its members from engaging in any work stoppage or other economic interference with the employer’s funded operations for the duration of the funded work. Any Federal Government position established under this Act shall be a position in the competitive service and classified under the General Schedule at a level not less than step 1 of GS–04. Entities hiring workers via the Federal funding streams noted in section 402(c)(1) may be eligible to apply for the Good Climate Resilience Jobs Grant program if they agree to adhere to the minimum labor standards outlined in this section. Eligible entities shall not fail to comply with the standards put forth in this title even in case of natural disaster or other national emergency. Suspensions of worker protections including but not limited to suspensions of section 1 of the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494, as amended, 40 U.S.C. 3147 ) shall not constitute permissible circumstances for failure by eligible entities to comply with this title. For purposes of any job created using funds provided under this Act, the requirements of section 22.1803 of title 48, Code of Federal Regulations, shall not apply.

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