[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[House]
[Pages 10715-10718]
[From the U.S. 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.

     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

[[Page 10716]]

     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 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

[[Page 10717]]

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 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

[[Page 10718]]

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.

                          ____________________