Workers' Right to Training Act

I 116TH CONGRESS 2D SESSION H. R. 8977 To require employers to provide training to employees whose jobs are in danger of being changed or replaced due to technology, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 16, 2020 Mrs. DINGELL (for herself and Mr. DESAULNIER) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be sub- sequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require employers to provide training to employees whose jobs are in danger of being changed or replaced due to technology, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Workers’ Right to 4 Training Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8977 IH (1) AFFECTED EMPLOYEE.—The term ‘‘af- 1 fected employee’’ means an employee who may rea- 2 sonably be expected to experience a change in em- 3 ployment position or an employment loss as a con- 4 sequence of the use of technology by the employer of 5 the employee. 6 (2) CHANGE IN EMPLOYMENT POSITION.—The 7 term ‘‘change in employment position’’ means a ma- 8 terial change— 9 (A) in pay or benefits, working conditions, 10 or schedule of an employee; or 11 (B) that results in an unreasonable com- 12 mute for the employee. 13 (3) COMMITTEE OF EMPLOYEES.—The term 14 ‘‘committee of employees’’ means a committee of 15 nonsupervisory, nonmanagerial employees of an em- 16 ployer. 17 (4) EMPLOYEE.—The term ‘‘employee’’ means 18 any individual who provides labor or services for re- 19 muneration by an employer, unless the employer 20 demonstrates that all of the following conditions are 21 satisfied: 22 (A) The individual is free from the control 23 and direction of the hiring entity in connection 24 with the performance of the work, both under 25 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8977 IH the contract for the performance of the work 1 and in fact. 2 (B) The individual performs work that is 3 outside the usual course of the hiring entity’s 4 business. 5 (C) The individual is customarily engaged 6 in an independently established trade, occupa- 7 tion, or business of the same nature as that in- 8 volved in the work performed. 9 (5) EMPLOYER.— 10 (A) IN GENERAL.—The term ‘‘employer’’ 11 means any business enterprise, including the 12 nominal employer and any entity that is a par- 13 ent of, or is integrated with, the business enter- 14 prise, that— 15 (i) is engaged in interstate commerce 16 or in the production of goods or services 17 for interstate commerce; and 18 (ii) employs not less than 25 employ- 19 ees, including part-time employees. 20 (B) MULTIPLE EMPLOYERS.—Two or more 21 business enterprises shall each be considered an 22 employer with respect to an employee, if each 23 such business enterprise codetermines or shares 24 control over the employee’s essential terms and 25 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8977 IH conditions of employment. In determining 1 whether multiple business enterprises are em- 2 ployers of an employee— 3 (i) it shall be relevant to consider 4 whether each enterprise has— 5 (I) direct control and indirect 6 control over the terms and conditions 7 of the employee; 8 (II) reserved authority to control 9 such terms and conditions; and 10 (III) control over such terms and 11 conditions exercised by a person in 12 fact; and 13 (ii) the existence of indirect control or 14 reserved authority alone by a business en- 15 terprise may be sufficient to establish the 16 employer relationship, given specific facts 17 and circumstances. 18 (C) DEFINITIONS.—For the purposes of 19 this paragraph: 20 (i) INTEGRATED.—The term ‘‘inte- 21 grated’’, when used with respect to a busi- 22 ness enterprise, means a business enter- 23 prise whose relationship with another busi- 24 ness enterprise includes— 25 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8977 IH (I) common ownership; 1 (II) common directors or officers; 2 (III) de facto exercise of control; 3 (IV) unity of personnel policies 4 emanating from a common source; or 5 (V) dependency of operations. 6 (ii) PARENT.—The term ‘‘parent’’ 7 means a business enterprise that partici- 8 pates directly or indirectly in making deci- 9 sions that affect employees of another 10 business enterprise. 11 (6) EMPLOYMENT LOSS.—The term ‘‘employ- 12 ment loss’’ means— 13 (A) an employment termination, other than 14 a discharge for cause, voluntary departure, or 15 retirement; or 16 (B) a reduction in hours of work of more 17 than 50 percent during each month of any 6- 18 month period. 19 (7) INSTITUTION OF HIGHER EDUCATION.—The 20 term ‘‘institution of higher education’’ has the 21 meaning given the term in section 101 of the Higher 22 Education Act of 1965 (20 U.S.C. 1001). 23 (8) RECOGNIZED POSTSECONDARY CREDEN- 24 TIAL.—The term ‘‘recognized postsecondary creden- 25 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8977 IH tial’’ has the meaning given the term in section 3 of 1 the Workforce Innovation and Opportunity Act (29 2 U.S.C. 3102). 3 (9) REGISTERED APPRENTICESHIP.—The term 4 ‘‘registered apprenticeship’’ means an apprenticeship 5 registered under the Act of August 16, 1937 (com- 6 monly known as the ‘‘National Apprenticeship Act’’; 7 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). 8 (10) REPRESENTATIVE.—The term ‘‘represent- 9 ative’’ means an exclusive representative of employ- 10 ees within the meaning of section 9(a) or 8(f) of the 11 National Labor Relations Act (29 U.S.C. 159(a), 12 158(f)) or section 2 of the Railway Labor Act (45 13 U.S.C. 152). 14 (11) TECHNOLOGY.— 15 (A) IN GENERAL.—The term ‘‘technology’’ 16 means a computerized process used to create 17 value at a business enterprise, including auto- 18 mation, artificial intelligence, robotics, personal 19 computing, information technology, and e-com- 20 merce. 21 (B) REGULATIONS.—The Secretary of 22 Labor, in consultation with the Secretary of 23 Commerce, shall promulgate regulations further 24 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 8977 IH defining the term ‘‘technology’’ for purposes of 1 this Act. 2 SEC. 3. BARGAINING AND NOTICE REQUIRED BEFORE USE 3 OF EMPLOYMENT-CHANGING OR EMPLOY- 4 MENT-ELIMINATING TECHNOLOGY. 5 (a) BARGAINING WITH EMPLOYEES BEFORE USE OF 6 EMPLOYMENT-CHANGING OR EMPLOYMENT-ELIMINATING 7 TECHNOLOGY.— 8 (1) IN GENERAL.—Not later than 180 days be- 9 fore providing any notices under subsection (b), an 10 employer that intends to use technology that will re- 11 sult in a change in employment position or an em- 12 ployment loss to any employees of the employer shall 13 engage in bargaining with such employees through 14 their chosen representative in order to ensure the 15 technology is procured and implemented in a way 16 that incorporates the skills and roles of the employ- 17 ees of the employer. 18 (2) CHOSEN REPRESENTATIVES.—An employer 19 shall carry out the bargaining required under para- 20 graph (1) with— 21 (A) in the case of affected employees who 22 are represented by a labor organization for pur- 23 poses of collective bargaining, a representative 24 from the labor organization; or 25 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 8977 IH (B) in the case of affected employees who 1 are not represented by a labor organization for 2 purposes of collective bargaining, with a com- 3 mittee of employees who are elected by their 4 peers for purposes of the bargaining. 5 (3) MEDIATION UPON FAILURE TO AGREE.— 6 (A) REQUEST.—If an employer and the 7 chosen representative of employees are unable 8 to obtain an agreement under paragraph (1) by 9 180 days after the commencement of the bar- 10 gaining, the parties shall notify the Federal Me- 11 diation and Conciliation Service of the failure to 12 reach agreement and request mediation. 13 (B) ROLE OF SERVICE.—The Federal Me- 14 diation and Conciliation Service shall, upon re- 15 ceiving a request under subparagraph (A), 16 promptly communicate with the parties and 17 work to bring the parties to agreement through 18 mediation and conciliation. 19 (4) INTERACTION WITH NLRA.—A committee of 20 employees constituted for purposes of this subsection 21 shall not be found to constitute a labor organization, 22 as defined in section 2 of the National Labor Rela- 23 tions Act (29 U.S.C. 152). 24 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 8977 IH (b) NOTICE TO EMPLOYEES FOR CHANGE IN EM- 1 PLOYMENT POSITIONS.— 2 (1) IN GENERAL.—An employer that intends to 3 use technology that will result in a change in em- 4 ployment position for one or more employees of the 5 employer shall, not later than 180 days before any 6 such change in employment position, provide written 7 notice signed by the employer’s authorized rep- 8 resentative— 9 (A) of the technology, including a descrip- 10 tion of the technology, and the impact of the 11 technology on employment positions, including 12 which employment positions will be impacted 13 and whether any new positions will be created; 14 and 15 (B) regarding the required training that 16 the employer will provide under section 4. 17 (2) PROVISION OF NOTICE.—The written notice 18 under paragraph (1) shall be— 19 (A) provided to each chosen representative 20 of the affected employees, as of the date of the 21 notice, and to each affected employee; 22 (B) distributed electronically if the em- 23 ployer customarily communicates with its em- 24 ployees through electronic communications; and 25 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 8977 IH (C) posted publicly in conspicuous loca- 1 tions in the workplace, including all places 2 where notices to employees are commonly post- 3 ed by the employer. 4 (c) NOTICE TO EMPLOYEES SUBJECT TO AN EM- 5 PLOYMENT LOSS.—An employer that intends to use tech- 6 nology that will cause an employment loss for one or more 7 employees of the employer shall, not later than 270 days 8 before any such employment loss, provide and post written 9 notice that includes the information described in sub- 10 section (b)(1), in the same manner as described in sub- 11 section (b)(2). 12 SEC. 4. REQUIRED TRAINING AND BENEFITS. 13 (a) CHANGES IN EMPLOYMENT POSITION.— 14 (1) IN GENERAL.—An employer who is required 15 under section 3(b) to provide notice of technology 16 that will result in a change in employment position 17 and require different skills due to the use of tech- 18 nology for one or more employees shall, beginning 19 not later than 180 days before changing employee 20 positions due to technology, provide on-the-job train- 21 ing described in paragraph (2) to each affected em- 22 ployee who will be impacted by the technology. 23 (2) TYPE OF TRAINING.—The training provided 24 under paragraph (1) shall— 25 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 8977 IH (A) be training that prepares the employee 1 to be able to fulfill the new duties of the posi- 2 tion, without regard to the length of time the 3 training will take; and 4 (B) be supplemented, as necessary, by em- 5 ployer-paid training— 6 (i) through a registered apprentice- 7 ship program; 8 (ii) that leads to a recognized postsec- 9 ondary credential (which may be an indus- 10 try-recognized credential) offered by an in- 11 stitution of higher education; or 12 (iii) that leads to an industry-recog- 13 nized credential offered by a nonprofit or- 14 ganization that is an eligible provider 15 under section 122(d) of the Workforce In- 16 novation and Opportunity Act (29 U.S.C. 17 3152(d)). 18 (b) EMPLOYMENT LOSS.— 19 (1) PRIORITY AND TRAINING.—An employer 20 who is required under section 3(c) to provide notice 21 of technology that will result in employment loss for 22 one or more employees of the employer shall— 23 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 8977 IH (A) give hiring priority to affected employ- 1 ees for any new or open positions of the em- 2 ployer for 1 year after the date of the notice; 3 (B) beginning not later than 180 days be- 4 fore the employment loss, provide job training 5 described in paragraph (2) for not less than 1 6 year to prepare the employee for— 7 (i) another position with the employer 8 that provides wages comparable to the em- 9 ployee’s original position; or 10 (ii) an occupation that provides wages 11 comparable to the employee’s original posi- 12 tion with a different employer; and 13 (C) on the day that the employee experi- 14 ences the employment loss, provide the affected 15 employee with 6 months of severance pay, in a 16 total amount equal to 6 months of the employ- 17 ee’s wages in the employee’s prior position. 18 (2) TYPE OF TRAINING.— 19 (A) IN GENERAL.—The training provided 20 under paragraph (1) (except for training de- 21 scribed in paragraph (1)(B)(ii)) shall be train- 22 ing that is— 23 (i) chosen by the employee; and 24 VerDate Sep 11 2014 21:55 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8977.IH H8977 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 8977 IH (ii) provided at the worksite or supple- 1 mented as necessary by employer-paid 2 training— 3 (I) through a registered appren- 4 ticeship program; or 5 (II) that leads to a recognized 6 postsecondary credential offered by an 7 institution of higher education. 8 (B) OFFSITE TRAINING RULES.—If tr [Text truncated for display. 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