[Congressional Record Volume 156, Number 89 (Tuesday, June 15, 2010)]
[House]
[Pages H4463-H4466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WORK-LIFE BALANCE AWARD ACT
Ms. WOOLSEY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4855) to establish the Work-Life Balance Award for employers
that have developed and implemented work-life balance policies, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4855
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Work-Life Balance Award
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Employer.--The term ``employer''--
(A) means any person (as defined in section 3(a) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 202(a))) engaged
in commerce or in any industry or activity affecting
commerce; and
(B) includes any agency of a State, or political
subdivision thereof.
The term does not include the Government of the United States
or any agency thereof.
(2) Work-life balance policy.--The term ``work-life balance
policy'' means a workplace practice which supports the
ability of employees to balance their work and family lives.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
[[Page H4464]]
SEC. 3. ESTABLISHMENT OF AWARD.
(a) In General.--There is established in the Department of
Labor an annual award to be known as the Work-Life Balance
Award (hereinafter referred to as the ``Award'') for
employers that have developed and implemented work-life
balance policies.
(b) Plaque.--The Award shall be evidenced by a plaque
bearing the title ``Work-Life Balance Award''.
(c) Application.--
(1) In general.--An employer desiring consideration for an
Award shall submit an application to the Work-Life Balance
Advisory Board established under section 4, at such time, in
such manner, and containing such information as such Board
may require.
(2) Reapplication.--An employer may reapply for an Award,
regardless of whether the employer has been a previous
recipient of such Award.
(d) Display on Web Site.--The Secretary shall make
publically available on its Web site the names of each
recipient of the Award.
(e) Presentation of Award.--After receiving recommendations
from the Board established under section 4, the Secretary (or
the Secretary's designee) shall present annually the Award to
employers that meet the criteria developed under section
4(b)(1).
(f) Annual Report.--The Secretary shall submit annually to
Congress and the public a report describing the type of work-
life balance policies being offered to and utilized by
employees, as evidenced by data collected through the award
process.
SEC. 4. WORK-LIFE BALANCE ADVISORY BOARD.
(a) Establishment.--There is established within the
Department of Labor a Work-Life Balance Advisory Board
(hereinafter referred to as the ``Board'').
(b) Duties.--The Board shall--
(1) subject to the approval by the Secretary, not later
than 180 days after the initial meeting described under
subsection (f)(1)(B), develop criteria to determine
recipients of the Award. In developing such criteria, such
Board may--
(A) consider those work-life balance policies which--
(i) provide employees access to a variety of flexible work
arrangements and other work-life balance policies of the
employer, regardless of wage levels, job positions, or number
of hours worked;
(ii) ensure that employees can avail themselves of such
policies without risk of being penalized or losing
opportunities for advancement; and
(iii) allow employees to exercise these policies with
regard to a broad range of family members;
(B) evaluate other factors affecting the quality of the
workplace, including other benefits and policies for
employees of the employer, and the compliance with State and
Federal labor and safety and health laws; and
(C) seek input from all interested parties, including input
from stakeholders;
(2) develop a process for receiving and processing
applications;
(3) recommend recipients of the Award from among those
applications submitted to the Board in accordance with
section 3(c);
(4) present to the Secretary the names of the employers
that the Board recommends as recipients of the Award in
accordance with the criteria developed under paragraph (1);
and
(5) set an annual timetable for fulfilling the duties
described under this subsection.
(c) Revisions.--The Board, subject to the approval of the
Secretary, may make revisions, as appropriate, to the
criteria developed under subsection (b)(1) from time to time.
(d) Membership.--
(1) Numbers and appointment.--Subject to paragraphs (2)
through (5), the Board shall be composed of 9 members
appointed by the Secretary as follows:
(A) 1 member, who shall serve as Chairperson of the Board,
representing the public.
(B) 1 member representing a State or local government.
(C) 1 member representing a nonprofit employer.
(D) 2 members representing private industry or industry
organizations.
(E) 2 members representing labor organizations.
(F) 2 members representing families and children.
(2) Recommendations.--In appointing any member of the Board
under paragraph (1) who is not the chairperson of such Board,
the Speaker and the minority leader of the House of
Representatives, and the majority leader and minority leader
of the Senate, each shall submit to the Secretary
recommendations with the names of proposed members of the
Board, and from such submissions the Secretary shall appoint
the members of the Board in accordance with such paragraph.
(3) Limitation.--The Secretary may not appoint any Member
of Congress to the Board.
(4) Political affiliation.--Not more than 4 members of the
Board appointed under paragraph (1) may be of the same
political party.
(5) Qualifications.--Members of the Board shall be
individuals with knowledge of and experience with work-life
balance policies.
(e) Terms.--
(1) In general.--Except as provided under paragraphs (2)
and (3), each member of the Board shall be appointed for 2
years and may be reappointed for one additional term.
(2) Terms of initial appointees.--As designated by the
Secretary at the time of appointment, of the members of the
Board first appointed, 4 shall each be appointed for a 2-year
term and the remainder shall each be appointed for a 3-year
term.
(3) Vacancies.--Any member of the Board appointed to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after
the expiration of that member's term until a successor has
taken office.
(f) Operations.--
(1) Meetings.--
(A) In general.--Except for the initial meeting of the
Board under subparagraph (B), the Board shall meet at the
call of the Chairperson or a majority of its members.
(B) Initial meeting.--The Board shall conduct its first
meeting not later than 90 days after the appointment of all
of its members.
(2) Voting and rules.--A majority of members of the Board
shall constitute a quorum to conduct business. The Board may
establish by majority vote any other rules for the conduct of
the business of the Board, if such rules are not inconsistent
with this section or other applicable law.
SEC. 5. REGULATIONS.
The Secretary may prescribe regulations to carry out the
purposes of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Woolsey) and the gentleman from Wisconsin (Mr. Petri)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. WOOLSEY. Mr. Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on H.R.
4855, as amended, into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. WOOLSEY. I yield myself such time as I may consume.
Mr. Speaker, I rise today to support the passage of H.R. 4855, as
amended, the Work-Life Balance Award Act, a bill introduced with
Chairman Miller.
I thank Chairman Miller for his hard work in bringing this
legislation forward.
I also want to thank my Republican colleagues--Ranking Member Kline
and Representative Cathy McMorris Rodgers, who is the ranking member of
the Workforce Protections Subcommittee--for their support and for their
hard work.
H.R. 4855, as amended, establishes an award at the Department of
Labor to be presented annually to employers of any size which have
exemplary work-life policies. The bill also sets up an independent
board, appointed by the Secretary of Labor, based on recommendations
from Congress, to develop the application process and to establish
criteria for evaluating the work-life balance policies of applicants.
The board is also charged with providing awardee recommendations to the
Secretary. The board will consist of representatives from children and
families' groups, from State and local governments, from business or
business organizations, and from labor.
The Workforce Protections Subcommittee held a hearing on the
introduced bill in April. Our witnesses testified that the bill could
be improved by establishing broad guidelines for the board to consider
in establishing its criteria.
As a result, H.R. 4855, as amended, provides, in determining the
criteria, that the board may consider those work-life policies which
provide access to employees regardless of wage level, job position, or
the number of hours worked; two, which ensure that workers can use the
policies without risk of penalty; three, which allow workers to
exercise the policy with regard to a broad range of family members. In
addition, the board may also evaluate other factors affecting the
quality of the workplace, including employee benefits and compliance
with labor and health and safety laws.
Finally, the bill requires the Secretary to collect data from the
application process. This data is important because it will tell us not
only what policies are being offered but also what policies are
actually being utilized by workers and employers.
Working Mother Magazine and the Alfred P. Sloan Foundation, Mr.
Speaker, also give out awards to companies with outstanding work-life
balance policies. They are great programs, and this award is not
intended to supplant these or other awards but to
[[Page H4465]]
complement ongoing efforts. Creating an award at the U.S. Department of
Labor is important for a number of reasons.
{time} 1445
Outside of the Family and Medical Leave Act, which provides unpaid
leave for qualifying employees, there is no national policy to support
work-life balance. This award will send a strong message that the
Federal Government supports and encourages work-life balance.
With that, I reserve the balance of my time.
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
H.R. 4855, the Work-Life Balance Award Act, establishes an annual
award within the Department of Labor to recognize employers with
exemplary work-life balance policies. This bill represents a bipartisan
effort to highlight the positive policies currently being used by
employers to help their employees meet the competing demands of family
and work. H.R. 4855 would highlight best practices by employers and
encourage innovation in the adoption of work-life balance policies,
which we hope will encourage other companies to adopt similar programs.
It's important to note that the bill does not create any mandates or
new requirements. Many employers accommodate employee requests for
greater workplace flexibility without the use of government mandates,
which can increase the cost of employment and stifle creative
arrangements. If employers want to pursue this award, they will do so
voluntarily and with no penalty if they choose not to do so, nor will
this award confer any specific government procurement or tax advantage
on the recipients. The only advantage will be related to the employer
being able to market themselves as winning this award and providing
these types of flexibility in their workplaces.
It's appropriate that the bill sets out a process by which the
criteria for receiving this award will be determined. For us in
Congress to claim that we know best about what constitutes appropriate
flexibility in the workplace and to lock that in so that it could not
be changed without another act of Congress would be, frankly,
presumptuous and ensure that this award would lose its relevancy over
time as new concepts of flexibility emerge and employers respond to
employee needs in new ways.
This award would complement similar private-sector awards and
showcase public and private organizations that maintain and utilize
policies to help their employees to find ways to maintain productivity,
while providing workplace flexibility. The award program would be
housed at the U.S. Department of Labor, and funding for the program
would come out of existing funds at the Labor Department.
I'd like to thank the sponsors of the bill, particularly the main
sponsor, Congresswoman Woolsey, for working to craft this bill in a
bipartisan manner and for maintaining an open dialogue with interested
parties throughout this process.
Mr. Speaker, I reserve the balance of my time.
Ms. WOOLSEY. Mr. Speaker, I am pleased to yield such time as he may
consume to the chairman of the Education and Labor Committee, the
gentleman from California (Mr. George Miller).
Mr. GEORGE MILLER of California. I thank the gentlewoman for
yielding.
I would like to commend Congresswoman Woolsey for her leadership on
the work-life balance issues in her capacity as Chair of the Workforce
Protection Subcommittee. Her commitment on these important issues is a
great asset to the Education and Labor Committee in this Congress. I am
pleased to serve with her and support her legislation before us today
to recognize family-friendly workplaces. The Work-Life Balance Act will
recognize employers of any size for their exemplary work-life balance
policies. Not only will the award set a standard for best practices, it
will shine a much-needed light on the concerns of working families.
Over the past 40 years, America's working families have changed
dramatically. While once a single breadwinner could support a middle-
class family, today that situation appears to be a relic of the past.
Women now make up half of the workforce and share a greater
responsibility for financially supporting the family. While women now
are full partners in providing for families, many remain the primary
caregiver for their children and other family members. Balancing the
career and family responsibilities can seem impossible at times. But in
today's economy, achieving balance is necessary.
Women are not doing this alone. Increasingly, men are becoming more
involved with child care and elder care responsibilities. Good
employers recognize this and understand the importance of providing
flexibility to their employees. They have rightly revamped family leave
policies to attract and retain best workers. Employers understand that
family-friendly policies not only help workers balance work and family,
but also improve employers' bottom line. These policies increase
retention rates, decrease absenteeism, improve productivity and morale.
What's good for the modern family is good for business. Businesses
that are doing the right things to promote a better work-life balance
should be recognized. It goes to the heart of our Nation's
competitiveness and how we value our Nation's families.
Parents should never have to choose between their paycheck and taking
a day off because their child needs to see a doctor. This is precisely
why I am a strong supporter of the bill before us today, the Work-Life
Balance Award Act. This award will serve as a benchmark for companies
who wish to improve their current policies so that they can be more
accommodating to the needs of their workers. It will also give
prospective employees a leg up when they're looking for family-friendly
workplaces to go to work.
The proof will be in the results. When employers choose to implement
pro-family policies, they reap the benefits of a healthier, more
productive workforce. I urge my fellow colleagues to vote ``yes'' with
me today on this important and necessary bill. Thank you very much,
again, to the author of this legislation, Congresswoman Woolsey.
Mr. PETRI. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Ms. WOOLSEY. Mr. Speaker, many years ago, when my children were not
parents themselves, I was working full time outside of the home, with
four children. It was a struggle to meet both the needs of my family as
well as the responsibilities of my job. And as the human resources
manager of a startup electronics company about 30 years ago, I was
aware that many of my employees were going through the very same
struggles that I was. Unfortunately, some 30 years later, nearly every
single parent is under these pressures--men as well as women. And they
are desperate for work-life balance.
One of the main reasons I ran for Congress over 18 years ago was to
fight for working families. I was a new Member when we passed the
Family and Medical Leave Act, and I knew what an important step we were
taking, particularly for working women, to provide job-protected family
and medical leave for certain workers, even though it was unpaid.
But the benefits provided by FMLA are not sufficient. While more than
100 million leaves have been taken under the Family and Medical Leave
Act, nearly two in three workers are not covered by the Act. And even
if they are, most can't take advantage of its provisions because they
simply cannot afford to take unpaid leave.
Sadly, the United States lags far behind the rest of the world in
providing work-life benefits to their employees. It is unacceptable
that our country, which is the number one economy in the world, can
barely compete with developing nations in this arena. Workers should
not have to choose between work and family, and ultimately we in
Congress need to do much more.
However, the effort for work-life balance must be waged on all
fronts, and currently, many in the business world are leading the way.
These companies know that providing work-life benefits increases
retention, decreases absenteeism, and increases productivity and
loyalty.
The award created by H.R. 4855, as amended, will recognize these
employers for their efforts and create an incentive for others. It will
also set
[[Page H4466]]
standards for best practices and shine a light on the needs of working
families.
Mr. Speaker, I hope we will vote for the second step after the Family
and Medical Leave Act that this Congress will take to support working
Americans, men and women, and help them balance the challenges they
meet in doing a good job for their families and a good job for their
employer, because it must be possible. And we can help make that
happen.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise in support of H.R.
4855, the Work-Life Balance Award Act.'' Thank you to my colleagues:
Congresswoman Woolsey and Congressman Miller for introducing this
important legislation that establishes, in the Department of Labor, an
annual Work-Life Balance Award for employers that have developed and
implemented work-life balance policies.
We are all aware of the benefits of holding a job, but too little
attention has been paid to the dangers associated with stressful
working conditions. Long hours have a significantly negative impact on
life satisfaction and time-related stress, which in turn have a
negative effect on wellbeing.
Non-standard work hours, and stressful workplace environments cause
health problems, higher levels of stress, psychological distress,
greater relationship conflicts for dual-income couples, less time spent
with children and lower life satisfaction.
A peer-reviewed study of 10,000 Londoners tracked since 1985,
published in the European Heart Journal, found that rates of angina,
nonfatal heart attacks and death from heart-related conditions were 60
percent higher in people who worked at least three hours beyond ``the
normal, seven-hour day'' compared with those who didn't work that
amount of overtime. The study notes that overtime work ``has increased
in recent years'' and that the U.S. is one of the countries that is
well above average in percentage of people working overtime.
A Canadian study found that ``people experiencing time pressure have
lower levels of satisfaction, higher levels of stress, lower self-
reported physical and emotional wellbeing, and greater insomnia. Work-
life conflicts can lead to higher levels of anxiety and depression;
sleep disturbances and a host of other ailments.''
The World Health Organization (WHO) highlights recent research in the
domain of occupational health psychology shows that many stressful
experiences are linked to being offended--for instance, by being
offended or ridiculed, by social exclusion, by social conflict, by
illegitimate tasks. According to the WHO, ``Such experiences of being
treated in an unfair manner constitute an `Offence to Self,' and this
may have quite far reaching consequences in terms of health and well-
being.''
In the United States, the Centers for Disease Control (CDC) is
greatly concerned with the health effects of workplace stress.
According to the CDC, ``evidence is rapidly accumulating to suggest
that stress plays an important role in several types of chronic health
problems--especially cardiovascular disease, musculoskeletal disorders,
and psychological disorders.''
Mr. Speaker, although some employers create unhealthy work
environments, other employers now recognize that staff who feel able to
balance the demands of work and home are more engaged, productive and
motivated. These trendsetters deserve to be recognized for their
compassion and leadership. This is why I support the Work-Life Balance
Award Act.
Research has identified organizational characteristics associated
with both healthy, low-stress work and high levels of productivity.
According to the National Institute of Occupational Safety and Health
(NIOSH), examples of these characteristics include: recognition of
employees for good work performance, opportunities for career
development, an organizational culture that values the individual
worker, and management actions that are consistent with organizational
values.
Mr. Speaker, widespread workplace stress is costly to our citizens
and our nation. Stressful work environments ruin lives and are costly
to our healthcare system. It is often said that prevention is the best
medicine; establishing a balance between work and life is a vital
disease prevention measure.
Once again, I urge my colleagues to support this important
legislation.
Mrs. McMORRIS RODGERS. Mr. Speaker, I yield myself as much time as I
may consume. I rise in support for H.R. 4855, the Work-Life Balance
Award Act, a bill that would establish an annual award in the
Department of Labor recognizing the efforts of employers to implement
exemplary work-life balance policies in the work place.
I would like to take this opportunity to thank the Chairwoman for her
ongoing efforts in this area.
It's clear that the biggest concern for workers in this struggling
economy is job security. And without a doubt, work-life balance issues
play into these concerns--particularly as the needs of families are
changing.
I know firsthand, being a wife and the mom of a three year old, that
one of the biggest struggles working parents face is how to balance
work and family responsibilities. Employees need flexibility to get
their jobs done while still making the school play, staying home with a
sick child, or supporting an aging parent.
At the same time, employers are finding that they have to meet these
needs in innovative ways in order to remain productive and profitable.
The good news is that employers are rising to the challenge--
recognizing that flexible work policies are effective and necessary.
The bill that we are considering today will highlight those employers
who are already creatively meeting the needs of their workers.
In addition, it is my hope that this award will continue the national
discussion that has been started on the benefits of flexible work
arrangements and will encourage more employers to invest in them.
Again, I would like to thank the Chairwoman for her efforts on this
important area and urge my colleagues to support this bill.
Ms. WOOLSEY. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Woolsey) that the House suspend the
rules and pass the bill, H.R. 4855, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________