Sec. 6. Labor requirements
1,339 words·~6 min read·
/bill/117/s/1925/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term covered activities means— with respect to a covered entity described in subparagraph
(A)of paragraph (2), activities involving producing or manufacturing a covered product; or with respect to a covered entity described in subparagraph
(B)of such paragraph, activities supported by the grant. The term covered entity means— an entity producing or manufacturing a product as described in section 2(3)(A)(ii)(I)(cc); or an entity receiving a grant under this Act. The labor requirements under this section with respect to a covered entity are each of the following: The covered entity shall ensure that all employees of the covered entity, and of any contractor or subcontractor of the covered entity with respect to the covered activities, who are engaged in the covered activities shall be paid at a rate of not less than— $15.00 an hour, beginning on the date of enactment of this Act; and beginning on the date that is 1 year after such date of enactment, and annually thereafter, the greater of— the amount in effect under this subparagraph for the preceding 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; or 10 percent more than the minimum wage applicable under section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ). In calculating the annual percentage increase in the median hourly wage of all employees for purposes of subparagraph (A)(ii)(I), the Secretary of Labor, through the Bureau of Labor Statistics, shall— compile data on the hourly wages of all employees to determine such a median hourly wage; and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year. Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. In this subparagraph: The term covered production worker means a worker who— is employed by an establishment in the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System); is directly involved in the production of a vehicle; and is not a manager, engineer, or involved in research and development, or does not have a skilled trade. The term industry standard wage rate , with respect to covered production workers, means the median wage rate for all covered production workers, as determined by the Secretary of Labor in accordance with clause (iv). The term top earning wage rate means the value of the wage rate for which 75 percent of covered production workers earn less, as determined by the Secretary of Labor in accordance with clause (iv). Notwithstanding any other requirement in this section, the covered entity shall ensure that— the average rate of pay for all covered production workers employed, directly by a manufacturer or through a subcontractor or employment services agency, in the performance of covered activities is not less than the industry standard wage rate for covered production workers; and all covered production workers described in subclause
(I)are paid not less than the rate in effect under subparagraph (A). The covered entity shall ensure that all covered production workers employed, directly by a manufacturer or through a subcontractor or employment services agency, in the performance of covered activities, are covered by a policy determined in a labor organization contract or a written company policy that provides, to the extent practicable, a pathway for such workers to earn the top earning wage rate not later than 7 years after beginning such employment. For purposes of this subparagraph, in determining for a year the industry standard wage rate and the top earning wage rate, the Secretary of Labor shall use the National Industry-Specific Occupational Employment and Wage Estimates, for the preceding year, for the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System) for the occupation of Assemblers and Fabricators (Occupational Code 51–2000 of the Occupational Employment Statistics of the Bureau of Labor Statistics). The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities, have— an explicit policy of neutrality with regard to— labor organizing for the employees engaged in the covered activities; and such employees' choice to form and join labor organizations; and policies that require— the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); and that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities have, an explicit policy providing all employees engaged in the covered activities not less than 12 workweeks of paid leave in a 12-month period for any purpose described in section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ), in accordance with regulations promulgated by the Secretary of Labor. The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities have, an explicit policy for fair scheduling for employees engaged in the covered activities, which shall include— an opportunity for the employee to request— an adjustment in the number of hours, work location, or times of the employee's work schedule; a change in the amount of notification provided to the employee regarding the work schedule; or the minimizing of fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis; and a timely, good faith interactive process through which the covered entity, or contractor or subcontractor, and employee discuss the employee's request under clause
(i)and the covered entity, or contractor or subcontractor, grants the request or suggests any alternatives that might meet the employee's needs. Subparagraph
(A)shall not apply to any employee covered by a valid collective bargaining agreement if— the terms of the collective bargaining agreement include terms that govern work scheduling practices; and the provisions of this paragraph are expressly waived in such collective bargaining agreement. The covered entity shall have, and ensure that all contractors and subcontractors with respect to the covered activities have, explicit policies that provide a preference for local hiring for individuals engaged in the covered activities, consistent with applicable Federal law and subject to rules issued by the Secretary of Labor. The covered entity shall consider, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities consider, an individual performing any service for remuneration for the covered entity, or contractor or subcontractor, in the performance of the covered activities as an employee (and not an independent contractor) of the covered entity, or contractor or subcontractor, 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 covered entity or the contractor or subcontractor; 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.
Connectionstraces to 3
Traces to 3 documents
1 reference not yet in our index
- 64 Stat. 1267
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources