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Collective Bargaining and Homeland Security [Updated November 18, 2002]
From the Summary: "This report discusses the personnel provisions of H.R. 5710, the Homeland Security Act of 2002, and the President's existing authority under 5 U.S.C. 7103(b)(1) to exclude the employees of certain agencies from the ability to bargain collectively. H.R. 5710, described as a revised version of the original White House proposal to create a new Department of Homeland Security, was passed by the House on November 13, 2002. H.R. 5710 includes language related to the President's authority under 5 U.S.C. 7103(b)(1). The report provides a legislative history of 5 U.S.C. 7103(b)(1). In addition, the report reviews the concept of successorship, whereby a union may retain its status as the exclusive representative of employees acquired by a new employer. Successorship could be an issue for the eighteen unions that represent employees affected by the reorganization."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2002-11-18
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Collective Bargaining and Homeland Security [Updated September 5, 2002]
From the Summary: "This report discusses the personnel provisions of recent proposals to create a new Department of Homeland Security. H.R. 5005, the Homeland Security Act of 2002, has generated concern among some members of the labor community who have questioned the possible denial of collective bargaining rights for the estimated 170,000 employees affected by the homeland defense reorganization. S. 2452, the National Homeland Security and Combating Terrorism Act of 2002, would restrict the President's ability under 5 U.S.C. § 7103(b)(1) to exclude the new Department and transferred agencies from coverage under chapter 71 of title 5, U.S. Code. The President's existing authority under 5 U.S.C. § 7103(b)(1) to exclude the employees of certain agencies from the ability to bargain collectively is also discussed in this report. The report provides a legislative history of this exclusion provision. In addition, the report reviews the concept of successorship, whereby a union may retain its status as the exclusive representative of employees acquired by a new employer. Successorship could be an issue for the eighteen unions that represent employees affected by the reorganization. This report reflects legislative action up through House passage of H.R. 5005. The report will be updated as events warrant."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2002-09-05
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Abortion, Justice Kennedy, and Judge Kavanaugh [August 8, 2018]
"In 1992, nearly 20 years after it concluded in Roe v. Wade that the Constitution protects a woman's decision to terminate her pregnancy, the Supreme Court in Planned Parenthood of Southeastern Pennsylvania v. Casey adopted a new standard for reviewing the constitutionality of abortion regulations. Under this new standard, announced in a joint opinion written by Justices Sandra Day O'Connor, Anthony Kennedy, and David Souter, a reviewing court must consider whether an abortion regulation imposes an 'undue burden' on a woman's ability to have an abortion before fetal viability, the gestational point when a fetus is able to live outside the mother's womb with or without artificial assistance. In the years that have followed, the Court has applied and further explained the undue burden standard in several subsequent cases. With the recent retirement of the last remaining Justice on the Court from the Casey plurality, questions have arisen about the future of the Court's abortion jurisprudence."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2018-08-08
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Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part I) [November 27, 2017]
"This Sidebar is the first in a two-part series discussing Garza v. Hargan, a decision by the U.S. Court of Appeals for the D.C. Circuit involving a detained unaccompanied alien minor and the right to terminate a pregnancy."
Library of Congress. Congressional Research Service
Smith, Hillel R.; Shimabukuro, Jon O.
2017-11-27
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Federal Government's Plenary Immigration Power Collides with the Constitutional Right to an Abortion (Part II) [November 27, 2017]
This Sidebar is the second in a two-part series discussing the en banc decision by the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) in Garza v. Hargan, affirming a district court's order requiring the Department of Health and Human Services (HHS) to allow an unaccompanied alien minor in federal custody to have an abortion.
Library of Congress. Congressional Research Service
Smith, Hillel R.; Shimabukuro, Jon O.
2017-11-27
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NLRB Rejects Former Standards Following Appointment of New Members [January 18, 2018]
"With two new members appointed by President Trump, a newly constituted National Labor Relations Board (NLRB or Board) issued a series of significant decisions in the waning days of 2017. These decisions overturned several rulings issued during the Obama Administration that were heavily criticized by the U.S. Chamber of Commerce and others in the business community. Two NRLB decisions in particular - 'Hy-Brand Industrial Contractors, Ltd.' and 'PCC Structurals, Inc.' - are notable because they reversed earlier rulings, which had prompted the introduction of legislation in the 115th Congress - the Save Local Business Act (H.R. 3441) and the Representation Fairness Restoration Act (S. 1217/H.R. 2629) - aimed at wiping out the Obama-era rulings. In light of these recent decisions, proponents of the bills could conclude that further consideration of the measures is not needed. However, because the bills would prescribe additional standards beyond what was addressed by the Board, some might contend that enactment of the legislation is still warranted."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2018-01-18
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Categories of Federal Civil Service Employment: A Snapshot [March 26, 2019]
From the Document: "The federal government is the nation's largest employer, with over two million workers employed in the United States, U.S. Territories, and foreign countries. A majority of these employees work in the competitive service of the executive branch. Applicants for competitive service positions compete with other applicants and are evaluated according to objective standards. The executive branch includes two other service classifications--the excepted service and the Senior Executive Service (SES)--with hiring and removal standards that diverge from those prescribed for the competitive service. Positions in the excepted service are specifically excepted from the competitive service by statute, by the President, or by the Office of Personnel Management (OPM). SES positions are also not in the competitive service. The SES includes senior managerial, supervisory, and policy positions that are subject to a different pay scale, as well as different hiring and removal standards. This report examines the three service classifications, and reviews some of the central features and notable differences among these classifications."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.; Staman, Jennifer A.
2019-03-26
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Merit Systems Protection Board (MSPB): A Legal Overview [March 25, 2019]
From the Document: "The Merit Systems Protection Board (MSPB or Board) is a quasi-judicial independent agency in the executive branch charged with protecting federal employees against improper employmentrelated actions. The Board works to ensure, for example, that federal agencies avoid taking arbitrary action against employees, exhibiting favoritism, or engaging in reprisals against whistleblowers. The MSPB also aims to promote an effective federal workforce free of certain types of discrimination and other prohibited personnel practices. While the Board mainly carries out its mission through adjudication of federal employment-related disputes, it also performs specified oversight functions related to federal employment, including conducting special studies of the civil service and other executive branch merit systems."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.; Staman, Jennifer A.
2019-03-25
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VA Accountability Act of 2015 (H.R. 1994), as Reported to the House [July 27, 2015]
"This report describes the VA Accountability Act of 2015 (H.R. 1994) as reported to the House by the Committee on Veterans Affairs on July 23, 2015, and compares it to current law where appropriate. A press account has reported that Chairman Jeff Miller may meet with all committee members to seek views of the minority before floor action. As a result of this meeting, it is possible that the final bill that will go to the House floor may have some provisions that differ from those that the Committee reported. This report provides a section-by-section description of the act: Section 1 is the short title, 'VA Accountability Act of 2015.' Section 2 would authorize the Secretary of Veterans Affairs to expedite removing or demoting most employees for misconduct. Section 3 would require an individual appointed (1) to a permanent position in the competitive service or (2) as a career appointee in the Senior Executive Service (SES) to serve an 18-month probationary period before the appointment would become final. Section 4 would establish a process for handling whistleblower complaints. Section 5 would establish specific requirements for VA's senior executive performance appraisal system and would require the Secretary of the VA to reassign senior executives to a new position at least every five years. It would also require a review of, and a plan for improvements to, the current management training program for senior executives. […] Section 10 would require the Comptroller General of the United States to conduct a study on the amount of time department employees spent in carrying out organizing activities related to labor organizations and the amount of space in department facilities used for such activities."
Library of Congress. Congressional Research Service
Nicola, Thomas J.; Carey, Maeve P.; Isaacs, Katelin P., 1980- . . .
2015-07-27
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Families First Coronavirus Response Act: Federal Employee Leave [April 24, 2020]
From the Document: "The Families First Coronavirus Response Act (FFCRA; P.L. 116-127) established two types of Coronavirus Disease 2019 (COVID-19) related leave for employees: [1] Division C of the FFCRA, titled the Emergency Family and Medical Leave Expansion Act (EFMLEA), amended the Family and Medical Leave Act (FMLA) to make FMLA leave available to an employee unable to work or telework because a child's school or place of care is closed or a childcare provider is unavailable for COVID-19-related reasons. The first 10 days of this new emergency FMLA leave may be unpaid leave, but an employer must provide paid leave, up to a possible 10 weeks, for leave taken after 10 days. [2] Division E of the FFCRA, titled the Emergency Paid Sick Leave Act (EPSLA), requires employers to provide paid sick time to an employee unable to work or telework for specified COVID-19-related reasons, such as being subject to a quarantine or isolation order. Although the paid sick time provided by the EPSLA is available for most federal employees, emergency FMLA leave is available only for certain federal employees. This In Focus explores the differences in federal employee coverage under the EFMLEA and the EPSLA, and discusses how the EFMLEA's amendment of the FMLA created coverage for only a subset of federal employees."
Library of Congress. Congressional Research Service
Donovan, Sarah A.; Shimabukuro, Jon O.
2020-04-24
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Equal Rights Amendment: Close to Adoption? [July 2, 2018]
"Illinois' recent ratification of the Equal Rights Amendment (ERA) to the U.S. Constitution has revived questions about the potential for the amendment to be adopted. First presented to the states in 1972, the ERA provides that '[e]quality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.' 37 states have now ratified the ERA, and some supporters of the amendment maintain that ratification by just one additional state could result in its adoption. After ratification by one more state, the ERA will have been ratified by three-fourths of the states, as required by Article V of the Constitution. Whether the ERA can be so adopted, however, is not entirely certain. Questions concerning the expiration of Congress's original ratification deadline without approval by three-fourths of the states, and the rescission of ratifications by five states between 1973 and 1978, would likely have to be addressed before the ERA would be formally adopted."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2018-07-02
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Mandatory Arbitration and the Federal Arbitration Act [September 20, 2017]
From the Document: "Under a growing number of consumer and employment agreements, companies are requiring disputes to be resolved through arbitration, a method of dispute resolution involving a neutral, private third party, rather than a judicial proceeding. In 2015, for example, the Consumer Financial Protection Bureau found that tens of millions of consumers use consumer financial products that are subject to arbitration clauses. In nonunion workplaces, it is estimated that at least a quarter of all employees are now subject to mandatory arbitration agreements. While arbitration is often viewed as a faster and less expensive alternative to litigation, consumer advocates and others maintain that mandatory arbitration agreements create one-sided arrangements that deny consumers and employees advantages afforded by a judicial proceeding, such as the availability of a jury trial."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.; Staman, Jennifer A.
2017-09-20
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Survey of Federal Whistleblower and Anti-Retaliation Laws [April 22, 2013]
"This report provides an overview of federal whistleblower and anti-retaliation laws. In general, these laws protect employees who report misconduct by their employers or who engage in various protected activities, such as participating in an investigation or filing a complaint. In recent years, Congress has expanded employee protections for a variety of private-sector workers. Eleven of the forty laws reviewed in this report were enacted after 1999. Among these laws are the Sarbanes-Oxley Act, the FDA Food Safety Modernization Act, and the Dodd-Frank Wall Street Reform and Consumer Protection Act. The report focuses on key aspects of the federal whistleblower and anti-retaliation laws. For each law, the report summarizes the activities that are protected, how the law's protections are enforced, whether the law provides a private right of action, the remedies prescribed by the law, and the year the law's whistleblower or anti-retaliation provisions were adopted and amended. With regard to amendment dates, the report identifies only dates associated with substantive amendments. For enactments after 2001, the report provides information on congressional sponsorship and votes."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.; Whitaker, L. Paige; Roberts, Emily E.
2013-04-22
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Ebola: Selected Legal Issues [December 16, 2014]
"Several West African countries are currently grappling with an unprecedented outbreak of Ebola virus disease (EVD). Here in the United States, where Ebola is not endemic, a handful of EVD cases have been diagnosed, and domestic transmission of the virus has occurred in only two cases to date. This report provides a brief overview of selected legal issues regarding measures to prevent transmission of Ebola virus and the civil rights of individuals affected by the disease. Quarantine and isolation are restrictions on a person's movement, imposed to prevent the spread of contagious disease. The federal government has jurisdiction over interstate and border quarantine, carried out by the Centers for Disease Control and Prevention (CDC). However, primary quarantine authority typically resides with state health departments and health officials. Every state has the authority to pass and enforce quarantine laws as an exercise of its police powers, but these laws may vary widely by state. State and federal quarantine or isolation orders may be subject to suits alleging inadequate due process or violations of equal protection, but modern legal challenges to quarantine and isolation orders are not extensive. […] The use of these measures to contain the spread of Ebola may raise a classic civil rights issue: to what extent can an individual's liberty be curtailed to advance the common good? In addition to the constitutional issues noted above, discrimination against individuals with an infectious disease may be covered by Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), or the Air Carrier Access Act (ACAA). While quarantine and isolation effectively minimize Ebola exposure, they may also raise various employment concerns, particularly for those workers who fear losing their jobs or wages if they are forced to comply with a quarantine or isolation order. Infected workers may also be protected under the Family and Medical Leave Act (FMLA) if it can be established that they have a serious health condition, and employers whose employees could face workplace exposure to Ebola virus may be obligated to comply with applicable Occupational Safety and Health Administration (OSHA) requirements."
Library of Congress. Congressional Research Service
Cole, Jared P.; Perry, Rodney M.; Dolan, Alissa M. . . .
2014-12-16
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Davis-Bacon Prevailing Wages and State Revolving Loan Programs Under the Clean Water Act and the Safe Drinking Water Act [November 20, 2013]
"The Davis-Bacon Act requires employers to pay workers on federal construction projects at least locally prevailing wages and fringe benefits. These wages and benefits are the minimum hourly wages and benefits that employers must pay workers. In order to hire and retain workers, employers may pay more than locally prevailing wages or benefits. Supporters of the Davis-Bacon Act maintain that it creates stability in local construction and labor markets and ensures that projects are built by the most skilled and experienced workers. Critics of the act argue that it impedes competition, raises construction costs, and imposes additional administrative requirements on contractors. The Federal Water Pollution Control Act, commonly called the Clean Water Act (CWA), authorizes appropriations to states to operate state revolving loan funds (SRFs) that finance the construction of wastewater treatment plants. The Safe Drinking Water Act (SDWA) authorizes appropriations for SRFs to finance the construction of public drinking water systems. An issue for Congress is whether to apply Davis-Bacon prevailing wages to projects financed by the state revolving loan programs under the CWA and SDWA. […] The American Recovery and Reinvestment Act (ARRA) provided FY2009 supplemental appropriations funds to the CWA and SDWA SRFs, and required Davis-Bacon prevailing wages on projects funded in whole or in part by the act. Regular appropriations for EPA for FY2010 and FY2012 included provisions that applied Davis-Bacon prevailing wages to projects financed by the state revolving loan programs under both the CWA and SDWA."
Library of Congress. Congressional Research Service
Mayer, Gerald; Shimabukuro, Jon O.
2013-11-20
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Abortion: Judicial History and Legislative Response [March 24, 2014]
"In 1973, the U.S. Supreme Court concluded in 'Roe v. Wade, 410 U.S. 113 (1973)', that the U.S. Constitution protects a woman's decision to terminate her pregnancy. In 'Doe v. Bolton', 410 U.S. 179 (1973), a companion decision, the Court found that a state may not unduly burden the exercise of that fundamental right with regulations that prohibit or substantially limit access to the means of effectuating the decision to have an abortion. Rather than settle the issue, the Court's rulings since 'Roe' and 'Doe' have continued to generate debate and have precipitated a variety of governmental actions at the national, state, and local levels designed either to nullify the rulings or limit their effect. These governmental regulations have, in turn, spawned further litigation in which resulting judicial refinements in the law have been no more successful in dampening the controversy. Although the primary focus of this report is legislative action with respect to abortion, discussion of the various legislative proposals necessarily involves an examination of the leading Supreme Court decisions concerning a woman's right to choose."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2014-03-24
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Abortion: Judicial History and Legislative Response [September 16, 2015]
"In 1973, the U.S. Supreme Court concluded in Roe v. Wade that the U.S. Constitution protects a woman's decision to terminate her pregnancy. In Doe v. Bolton, a companion decision, the Court found that a state may not unduly burden the exercise of that fundamental right with regulations that prohibit or substantially limit access to the means of effectuating the decision to have an abortion. Rather than settle the issue, the Court's rulings since Roe and Doe have continued to generate debate and have precipitated a variety of governmental actions at the national, state, and local levels designed either to nullify the rulings or limit their effect. These governmental regulations have, in turn, spawned further litigation in which resulting judicial refinements in the law have been no more successful in dampening the controversy. […] The debate over abortion continued in the context of health reform. The Patient Protection and Affordable Care Act (ACA), enacted on March 23, 2010, includes provisions that address the coverage of abortion services by qualified health plans that are available through health benefit exchanges. The ACA's abortion provisions have been controversial, particularly with regard to the use of premium tax credits or cost-sharing subsidies to obtain health coverage that includes coverage for elective or non-therapeutic abortion services. Under the ACA, individuals who receive a premium tax credit or cost-sharing subsidy are permitted to select a qualified health plan that includes coverage for elective abortions, subject to funding segregation requirements that are imposed on both the plan issuer and the enrollees in such a plan."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2015-09-16
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What Does the Gig Economy Mean for Workers? [February 5, 2016]
From the Summary: "The 'gig economy' is the collection of markets that match providers to consumers on a gig (or job) basis in support of on-demand commerce. In the basic model, gig workers enter into formal agreements with on-demand companies (e.g., Uber, TaskRabbit) to provide services to the company's clients. Prospective clients request services through an Internet-based technological platform or smartphone application that allows them to search for providers or to specify jobs. Providers (i.e., gig workers) engaged by the on-demand company provide the requested service and are compensated for the jobs. Recent trends in on-demand commerce suggest that gig workers may represent a growing segment of the U.S. labor market. In response, some Members of Congress have raised questions, for example, about the size of the gig workforce, how workers are using gig work, and the implications of the gig economy for labor standards and livelihoods more generally."
Library of Congress. Congressional Research Service
Donovan, Sarah A.; Bradley, David H.; Shimabukuro, Jon O.
2016-02-05
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Abortion and 'Whole Woman's Health v. Hellerstedt' [March 28, 2016]
"'Whole Woman's Health v. Hellerstedt', a case that is currently before the U.S. Supreme Court, involves the validity of two state law provisions that apply to abortion providers and physicians who perform abortions. Under a Texas law enacted in 2013, a physician who performs or induces an abortion must have admitting privileges at a hospital within 30 miles from the location where the abortion is performed or induced. In general, admitting privileges allow a physician to transfer a patient to a hospital if complications arise in the course of providing an abortion. The Texas law also requires an abortion facility to satisfy the same standards as an ambulatory surgical center (ASC). These standards address architectural and other matters related to the physical plant, as well as operational matters such as staffing and medical records systems. Supporters of the Texas law maintain that both requirements guarantee a higher level of care for women seeking abortions. Opponents argue, however, that the requirements are unnecessary and costly, and contend that they will make it more difficult for abortion facilities to operate. Following an adverse decision by the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit), Whole Woman's Health sought review by the Supreme Court. In seeking review of the Fifth Circuit's decision, Whole Woman's Health asked not only about the validity of the admitting privileges and ASC requirements. The abortion provider also asked the Court to resolve a conflict between the Fifth Circuit and the U.S. Courts of Appeals for the Seventh and Ninth Circuits involving the application of the undue burden standard that is used to evaluate abortion regulations. This report examines 'Whole Woman's Health v. Cole', the Fifth Circuit's decision, as well as the undue burden standard, and the contrasting approaches used by the federal appellate courts to determine whether an abortion regulation imposes an undue burden on a woman's ability to have an abortion."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2016-03-28
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Abortion: Judicial History and Legislative Response [January 23, 2015]
"In 1973, the U.S. Supreme Court concluded in Roe v. Wade that the U.S. Constitution protects a woman's decision to terminate her pregnancy. In Doe v. Bolton, a companion decision, the Court found that a state may not unduly burden the exercise of that fundamental right with regulations that prohibit or substantially limit access to the means of effectuating the decision to have an abortion. Rather than settle the issue, the Court's rulings since Roe and Doe have continued to generate debate and have precipitated a variety of governmental actions at the national, state, and local levels designed either to nullify the rulings or limit their effect. These governmental regulations have, in turn, spawned further litigation in which resulting judicial refinements in the law have been no more successful in dampening the controversy. […] The debate over abortion continued in the context of health reform. The Patient Protection and Affordable Care Act (ACA), enacted on March 23, 2010, includes provisions that address the coverage of abortion services by qualified health plans that are available through health benefit exchanges. The ACA's abortion provisions have been controversial, particularly with regard to the use of premium tax credits or cost-sharing subsidies to obtain health coverage that includes coverage for elective or non-therapeutic abortion services. Under the ACA, individuals who receive a premium tax credit or cost-sharing subsidy are permitted to select a qualified health plan that includes coverage for elective abortions, subject to funding segregation requirements that are imposed on both the plan issuer and the enrollees in such a plan."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2015-01-23
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Abortion: Judicial History and Legislative Response [January 24, 2014]
"In 1973, the U.S. Supreme Court concluded in 'Roe v. Wade' that the U.S. Constitution protects a woman's decision to terminate her pregnancy. In 'Doe v. Bolton', a companion decision, the Court found that a state may not unduly burden the exercise of that fundamental right with regulations that prohibit or substantially limit access to the means of effectuating the decision to have an abortion. Rather than settle the issue, the Court's rulings since 'Roe and Doe' have continued to generate debate and have precipitated a variety of governmental actions at the national, state, and local levels designed either to nullify the rulings or limit their effect. These governmental regulations have, in turn, spawned further litigation in which resulting judicial refinements in the law have been no more successful in dampening the controversy. […] The Patient Protection and Affordable Care Act (ACA or PPACA), enacted on March 23, 2010, includes provisions that address the coverage of abortion services by qualified health plans that will be available through health benefit exchanges beginning in 2014. ACA's abortion provisions have been controversial, particularly with regard to the use of premium tax credits or cost-sharing subsidies to obtain health coverage that includes coverage for elective or non-therapeutic abortion services. Under ACA, individuals who receive a premium tax credit or cost-sharing subsidy will be permitted to select a qualified health plan that includes coverage for elective abortions, subject to funding segregation requirements that will be imposed on both the plan issuer and the enrollees in such a plan."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2014-01-24
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Quarantine and Isolation: Selected Legal Issues Relating to Employment [Updated April 30, 2008]
"The emergence and rapid spread of a new avian influenza virus (H5N1) and its potential for causing a human influenza pandemic have given rise to issues relating to the use of quarantine and isolation. Questions relating to employment are among the most significant issues, since, if individuals fear losing their employment or their wages, compliance with public health measures such as isolation or quarantine may suffer. Although the common law doctrine of employment-at-will, which allows an employer to terminate an employee from employment for any reason other than those prohibited by statute, is generally applicable, there is an exception to this doctrine for public policy reasons. This report examines the employment-at-will doctrine, possible application of the public policy exception in the case of a potential influenza pandemic, the Family and Medical Leave Act (FMLA), and possible application of the nondiscrimination mandates of the Americans with Disabilities Act (ADA). The report will be updated as developments warrant."
Library of Congress. Congressional Research Service
Jones, Nancy Lee; Shimabukuro, Jon O.
2008-04-30
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Quarantine and Isolation: Selected Legal Issues Relating to Employment [September 11, 2009]
"On June 11, in response to the global spread of a new strain of influenza, the World Health Organization (WHO) raised the level of influenza pandemic alert to phase 6, which indicates the start of an actual pandemic. This change reflects the spread of the new influenza A(H1N1) virus, not its severity. Although currently the pandemic is of moderate severity with the majority of patients experiencing mild symptoms and making a rapid and full recovery, this experience could change. Questions relating to employment are among the most significant issues raised by a pandemic since if individuals fear losing their employment or their wages, compliance with public health measures such as isolation or quarantine may suffer. Although the common law doctrine of employment-at-will, which allows an employer to terminate an employee from employment for any reason other than those prohibited by statute, is generally applicable, there is an exception to this doctrine for public policy reasons. This report will examine the employmentat- will doctrine, possible application of the public policy exception in the case of a potential influenza pandemic, the Family and Medical Leave Act (FMLA), and possible application of the nondiscrimination mandates of the Americans with Disabilities Act (ADA)."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.; Jones, Nancy Lee
2009-09-11
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Quarantine and Isolation: Selected Legal Issues Relating to Employment [May 11, 2009]
"Recent human cases of infection with a novel influenza A (H1N1) virus have been identified both internationally and in the United States. There has been human to human transmission and the new virus has the potential to become pandemic. The emergence of this virus, in addition to other potential pandemic threats such as the avian influenza A (H5N1) virus, has given rise to issues relating to the use of quarantine and isolation. Questions relating to employment are among the most significant issues since if individuals fear losing their employment or their wages, compliance with public health measures such as isolation or quarantine may suffer. Although the common law doctrine of employment-at-will, which allows an employer to terminate an employee from employment for any reason other than those prohibited by statute, is generally applicable, there is an exception to this doctrine for public policy reasons. This report will examine the employment-at-will doctrine, possible application of the public policy exception in the case of a potential influenza pandemic, the Family and Medical Leave Act (FMLA), and possible application of the nondiscrimination mandates of the Americans with Disabilities Act (ADA)."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.; Jones, Nancy Lee
2009-05-11
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Quarantine and Isolation: Selected Legal Issues Relating to Employment [Updated December 3, 2007]
"The emergence and rapid spread of a new avian influenza virus (H5N1) and its potential for causing a human influenza pandemic have given rise to issues relating to the use of quarantine and isolation. Questions relating to employment are among the most significant issues, since, if individuals fear losing their employment or their wages, compliance with public health measures such as isolation or quarantine may suffer. Although the common law doctrine of employment-at-will, which allows an employer to terminate an employee from employment for any reason other than those prohibited by statute, is generally applicable, there is an exception to this doctrine for public policy reasons. This report examines the employment-at-will doctrine, possible application of the public policy exception in the case of a potential influenza pandemic, the Family and Medical Leave Act (FMLA), and possible application of the nondiscrimination mandates of the Americans with Disabilities Act (ADA). The report will be updated as developments warrant."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.; Jones, Nancy Lee
2007-12-03
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Quarantine and Isolation: Selected Legal Issues Relating to Employment [Updated November 1, 2008]
"This report examines the employment-at-will doctrine, possible application of the public policy exception in the case of a potential influenza pandemic, the Family and Medical Leave Act (FMLA), and possible application of the nondiscrimination mandates of the Americans with Disabilities Act (ADA). The report will be updated as developments warrant. […] The emergence and rapid spread of a new avian influenza virus (H5N1) and its potential for causing a human influenza pandemic have given rise to issues relating to the use of quarantine and isolation. Questions relating to employment are among the most significant issues, since, if individuals fear losing their employment or their wages, compliance with public health measures such as isolation or quarantine may suffer. Although the common law doctrine of employment-at-will, which allows an employer to terminate an employee from employment for any reason other than those prohibited by statute, is generally applicable, there is an exception to this doctrine for public policy reasons."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.; Jones, Nancy Lee
2008-11-01
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Congressional Responses to Selected Work Stoppages in Professional Sports [August 11, 2011]
"Prior to the 2011 National Football League (NFL) lockout, developments in professional football's labor-management relations had prompted questions regarding how, when, and in what manner a new collective bargaining agreement (CBA) might be drafted. Interest in this matter included, on the part of some observers, questions about how Congress responded to previous work stoppages in professional sports. In attempting to address this particular question, this report examines congressional responses to the 1982 and 1987 work stoppages in the NFL. With the conclusion of the 2011 NFL lockout in July, this work stoppage is also included. Additionally, this report examines the 1994 Major League Baseball strike, which is useful considering the extent of congressional activity surrounding this strike. Compared to the 1994 baseball strike, the 1982 and 1987 football strikes and the 2011 lockout did not garner much attention from Congress in terms of legislative measures and hearings. Three legislative measures were introduced in response to the 1982 strike; one each was introduced in response to the 1987 strike and the 2011 lockout. Members introduced or offered 22 legislative measures and held five hearings that were related to the baseball strike. […] Disagreeing that congressional intervention was warranted, other Members offered several reasons why Congress ought not to intervene. For example, one Member suggested that repealing baseball's antitrust exemption would alter the balance of power in professional baseball. Other Members believed that more pressing matters deserved Congress's attention. At least one Member suggested that a particular bill, if enacted, would have the effect of favoring the players over the owners."
Library of Congress. Congressional Research Service
Halchin, L. Elaine; Murray, Justin; Shimabukuro, Jon O.
2011-08-11
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Whistleblower Protections Under Federal Law: An Overview [September 13, 2012]
"Legal protections for employees who report illegal misconduct by their employers have increased dramatically since the late 1970s when such protections were first adopted for federal employees in the Civil Service Reform Act of 1978. Since that time, with the enactment of the Whistleblower Protection Act of 1989, Congress has expanded such protections for federal employees. Congress has also established whistleblower protections for individuals in certain private-sector employment through the adoption of whistleblower provisions in at least 18 federal statutes. Among these statutes is the Sarbanes-Oxley Act, the FDA Food Safety Modernization Act, and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). […] This report provides an overview of key aspects of the 18 selected federal statutes applicable to individuals in certain private-sector industries. It focuses on the protections provided to employees who believe they have been subject to retaliation, rather than on how or where alleged misconduct should be disclosed. In addition, the report also includes an overview of the Whistleblower Protection Act. While state law may also provide whistleblower protections for employees, this report focuses only on the aforementioned federal statutory provisions."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.; Whitaker, L. Paige
2012-09-13
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National Labor Relations Act: Background and Selected Topics [September 7, 2012]
"The National Labor Relations Act (NLRA or 'the Act') recognizes the right of employees to engage in collective bargaining through representatives of their own choosing. By 'encouraging the practice and procedure of collective bargaining,' the Act attempts to mitigate and eliminate labor-related obstructions to the free flow of commerce. Although union membership has declined dramatically since the 1950s, congressional interest in the NLRA remains significant. In the 112th Congress, over 30 bills have been introduced to amend the NLRA. Some of these bills address the timing of union representation elections, while others are concerned with varying aspects of the NLRA, such as the activities of the National Labor Relations Board (NLRB), which implements and administers the Act. Since the NLRA's enactment in 1935, the NLRB and the courts have considered a variety of issues arising under the Act. This report reviews selected decisions of the NLRB and the courts on three of them."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2012-09-07
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Background and Legal Issues Related to Stem Cell Research [July 13, 2006]
"In August 2001, President Bush announced that federal funds, with certain restrictions, may be used to conduct research on human embryonic stem cells. Federal research is limited to 'the more than 60' existing stem cell lines that were derived (1) with the informed consent of the donors; (2) from excess embryos created solely for reproductive purposes; and (3) without any financial inducements to the donors. No federal funds may be used for the derivation or use of stem cell lines derived from newly destroyed embryos; the creation of any human embryos for research purposes; or cloning of human embryos for any purposes. Legislation that responds to the limitations imposed by the President's 2001 announcement has been introduced. The Stem Cell Research Enhancement Act of 2005 (H.R. 810/S. [Senate bill] 471) would direct the Secretary of Health and Human Services to conduct and support stem cell research without regard to the date on which the stem cells were derived from a human embryo."
Library of Congress. Congressional Research Service
Shimabukuro, Jon O.
2006-07-13
