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Hot Topics: Labor & Employment
NCSL tracks a wide range of labor and employment issues and at any one time some topics are of particular interest to legislators and legislative staff. On this page you will find a compilation of labor and employment issues that are of high interest right now. The features at the left will take you to the permanent links of available information.
- State Pension Funds. State pensions funds have been hit hard by the economic downturn. Learn what states are doing to protect their funds.
- Collective Bargaining. Track collective bargaining legislation in our searchable database.
- Unemployment. See all of NCSL's resources on unemployment, including state and national unemployment rates, state trust fund balances, state trust fund loans, federal requirements, state laws, bill tracking database, and more.
- Family Economic Success. The NCSL/Annie E. Casey Partnership on Family Economic Success offers information to legislators on ways to help working families who are struggling with economic uncertainty.
Overview: Labor & Employment
Overview
Labor and employment issues are covered by a combination of state and federal laws and are important to workers, businesses and families.
NCSL’s resources on labor and employment issues are arranged around nine topic clusters: Discrimination, Employee Leave, Federal Issues, Pensions, Personnel Issues, Unemployment, Wage & Hour, Workforce, and Working Families. Resources related to jobs creation and economic development are available on NCSL’s website under the topic Economic Development, Gambling and Trade.
Below are brief descriptions of each of the Labor and Employment topic clusters:
Discrimination
Discrimination in the workplace based on race, gender and religion is prohibited under federal law. Most states have also adopted laws prohibiting employment related discrimination. Discrimination may also be prohibited against whistleblowers under state and federal laws, and well as pay disparities based on race or gender. Resources in this area include State Employment Discrimination Laws, Off-Duty Conduct Discrimination, State Whistleblower Laws and State Equal Pay Requirements.
Employee Leave
The federal Family and Medical Leave Act (FMLA) grants leave without pay to workers for the birth or adoption of a child, a family member’s serious illness or for a worker’s own illness. A small number of states have adopted their own family leave laws and three provide for a limited time of paid leave. Neither federal nor state laws require paid sick leave or vacation leave, although some states provide for special types of leave. Resources in this area include statutes and bills on Family Leave, Sick Leave, Vacation Leave, Donor Leave, and Disaster Leave.
Federal Issues
Some issues, such as housing policy and trade, are largely governed under federal law, although states have an interest in such issues and often may need to coordinate their laws with federal provisions. This cluster includes information on housing and trade, as well as materials related to NCSL policy positions and lobbying efforts on behalf of the states.
Pensions
Regulation of pensions and retiree benefits is an exceedingly complicated issue, governed under both state and federal laws. Resources in this area includes statutes and bills that address Pensions, Investments, Divestments and Retiree Benefits.
Personnel Issues
Human resources are governed by a complex series of state and federal laws. Resources in this cluster include summaries, laws, bills and reports related to At-Will Employment, Telecommuting and Flexible Work Schedules, Non-Competition Agreements, Workplace Drug Testing, Collective Bargaining, and Workers Compensation.
Unemployment
With the current economic downturn, unemployment has been rising dramatically and states are working hard to insure the availability of unemployment insurance benefits. A wide variety of up-to-date information is available in this cluster, including laws and bills related to Benefits, Eligibility, Financing, Trust Fund Balances and Loans, Unemployment Legislation, and Federal and State WARN Acts.
Wage & Hour
The federal Fair Labor Standards Act covers many wage and hour issues, such as minimum wages, work hours and overtime and many other federal laws address labor requirements. States also address many of the same issues or work in concert with federal laws to regulate labor and employment. Resources in this cluster include State and Federal Minimum Wages, Living Wage, Davis-Bacon Prevailing Wage, Work Hours, Overtime and Child Labor laws.
Workforce
Training for workers is handled through a network of state and federal agencies and funding streams. Resources in this cluster include Workforce Development, the federal Workforce Investment Act, and Career-Technical Education.
Working Families
Many American families struggle against financial insecurity and a lack of opportunity. Since 2002, The National Conference of State Legislatures / Annie E. Casey Foundation Partnership on Family Economic Success has assisted legislators who want to create more opportunities for working families to succeed. Resources in this cluster include Asset Building and Family Economic Success, and are interrelated to other NCSL resources on Employment, Human Services, Education and Economic Development.
For more information
Labor and Employment: Jeanne Mejeur, Jon Jukuri
Economic Development and Job Creation: Luke Martel, Todd Haggerty, Mandy Rafool
Workforce Development: Jack Tweedie, Rochelle Finzel
Career and Technical Education: Sunny Deye, Michelle Liu
Working Families: Mary Fairchild, Qiana Flores
Pensions: Luke Martel, Tamara Rivale
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Working Families Project Description
About the Project
Many American families struggle against financial insecurity and a lack of opportunity. Since 2002, The National Conference of State Legislatures / Annie E. Casey Foundation Partnership on Family Economic Success has assisted legislators who want to create more opportunities for working families to succeed. Learn more about working families issues at NCSL.
Opportunities for Working Families Leadership Forum
The centerpiece of NCSL's Family Economic Success project is our annual Opportunities for Working Families Leadership Forum. Learn more about the forum and view agendas and presentation from previous years.
Thirty-five states have participated in the forum. Learn more about how states are acting to create more opportunities for working families.
NCSL Resources on Working Families Issues
Since so many legislative areas can have an impact on working families, our project aims to promote collaboration among committees and programs. We support the exchange of ideas and information on broad range of issues that relate to working families, such as economic development, workforce, education, financial services, human services, budget, tax and transportation.
The working project provides publications on an array of policy issues in collaboration with other NCSL programs, including:
- Asset Building
- Business Development
- Child and Family Well-Being
- Earned Income Tax Credit
- Economic Development
- Financial Services
- Health, Human Services and Transportation
- Labor and Workforce Development
- Tax
Learn more about specific related working families issues.
For more information or for technical assistance, please contact: Mary Fairchild.
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Unemployment Rates Decline
 Unemployment declined in 40 states, D.C., and Puerto Rico in April 2013, according to the Bureau of Labor Statistics. Rates rose in three states and remained steady in the remaining seven states. More
April's national unemployment rate was 7.5%. More
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Individual Development Account Basics
 In this podcast, Qiana Torres Flores, of the NCSL Working Families Project, talks about how individual development accounts work and how states have creatively used this strategy to help people save. More.
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Minimum Wage Resources
 State Minimum Wages: Ten states increased their minimum wage for 2013, through automatic increases indexed to the cost of living. More
As of mid-May, 34 states and Puerto Rico have introduced legislation on minimum wage issues. More
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Employment Databases & Resources
 Searchable databases provide bill tracking on key labor issues.
- Collective bargaining database. More
- Unemployment bills database. More
- Workers Compensation enacted bills database. More
See all of NCSL's employment and labor resources. More
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State Equal Pay Laws
 Congress passed the Lilly Ledbetter Act to ensure equal pay in the workplace but problems with disparate pay persist. Almost all states have enacted laws that call for equal pay for men and women doing the same work. More
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Pension Resources
 In Septermber, California became the first state to create a statewide retirement savings plan for private workers who do not participate in any other type of employer sponsored retirement savings plan. More
Other new reports and resources:
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2012 state pension reforms. More
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Pension Legislation Database. More
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See all of NCSL's pension resources. More
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Please note NCSL cannot provide advice or assistance to private citizens or businesses regarding employment-related matters. Please consult your state department of labor or a private attorney.
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NCSL Quick Links
State Action Map
Featured States
Other Resources
NCSL Contact
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Working Families Overview: A Legislator's Toolkit
Supporting Working Families: The Legislative Role
In the United States today, the vast majority of families—82.2 percent in 2008—have at least one member who works. Yet, despite their efforts, many of these families face significant challenges to achieving their goal of economic security. This has consequences not only for the family, but also for society as whole.
“When families cannot afford the basic necessities like health care, decent housing and reliable transportation, they often find themselves getting farther and farther behind.” says Senator Jim Seymour, Iowa. “Billions of dollars are spent each year…on education and human services. If we can lift our working families out of poverty, we can reduce the cost of government programs.”
As a legislator, you are in a unique position to help support the efforts of working families to achieve economic security in your district and throughout your state. You are, first and foremost, a policymaker. In this role, you can strive to put into place policies that support working families. You are also a community leader. As such, you are uniquely placed to understand and act upon issues at a local level, including forging partnerships with others as they strive to improve the prospects of working families. Your efforts will not only benefit working families, but also will be of consequence for your entire state.
Read Full Article
A Message From Former Representative Ro Foege and Representative Dave Heaton, Iowa
  When Representative Dave Heaton and I graduated from college, we were optimistic. We found jobs and started families. Dave ran a successful restaurant and joined the Army Reserve. I was a social worker. Like many of our peers, we bought homes, fed our families, took sick kids to the doctor, sent them to college and saved for retirement. In short, we thrived—often with one parent working, not two.
Many parents today are not so lucky. They work hard but struggle to provide for their families. Workers today search for jobs in a landscape that has been reshaped by global competition. The stable careers that once propelled many Americans into the middle class have virtually disappeared. People without a college degree or advanced skills training now compete for jobs that pay less and offer fewer, if any, benefits. Opportunities to move up the ladder are scarce.
In short, it is increasingly difficult for parents to buy groceries, visit the doctor, afford a home, save for college and plan for retirement—even when two adults are working. When ends don’t meet, other problems arise. Dead end jobs, taut budgets and tense conversations can wear on even the strongest households. Frustrated parents become discouraged. Persistent financial and emotional troubles rattle families and diminish the odds that children will grow up safe, healthy and educated.
Representative Ro Foege represented Iowa’s 29th Legislative District from 1996 to 2008. Representative Dave Heaton has represented Iowa’s 91st District since 1995. While serving in the legislature, Representatives Foege and Heaton worked on numerous measures designed to increase opportunities for low-income Iowa families.
Read Full Article
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NCSL Resources
Featured States
Other Resources
NCSL Contact
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State Action - Opportunities for Working Families Leadership Forum
This map shows the states that have attended the Opportunities for Working Families Leadership Forum from 2003-2012. Click on the state to see their state action plan, participants and legislative actions resulting from the meeting. States in light blue have attended the meeting; states in dark blue are the featured states; and states in gray did not attend the meeting.
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States that attended meeting |
Featured States |
States that did not attend meeting |
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Employee Leave
View all documents related to this topic by clicking on the document library tab at the top of this page.
There are various types of leave for workers, including family leave, sick leave, vacation leave, and vacation leave. Other less common types of leave are donor leave, to serve as a blood, organ or tissue donor, and disaster leave, to serve as a volunteer for an organization that assists with emergencies or disasters. Paid leave is rarely required by law and is more commonly provided by employers as a benefit for their workers. Leave for workers is covered under a variety of state and federal law, and may vary for private and public employees.
Family Medical Leave
The Federal Family Medical Leave Act (FLMA) requires employers to provide up to 12 weeks of unpaid leave for workers to attend to their own serious illness, or for a serious illness of an immediate family member, or for the birth or adoption of a child. A small number of states have adopted their own versions of state family medical leave laws, either increasing the length of time off available to workers or expanding the definition of family members, to include extended family or members of a household. All family leave laws provide for unpaid leave, with the exception of California and New Jersey, which provide for paid family leave. The state of Washington passed a paid family leave law in 2009 but has repeatedly delayed implementation of the law due to economic factors.
Sick Leave
While many public and private employers provide paid sick leave for their employees, it is generally as an employment benefit. only one state, Connecticut, requires private employers to provide paid sick leave, and only for a limited class of employers. There are no federal requirements for paid sick leave for either public or private employers.
Vacation Leave
No state or federal laws require employers to provide paid vacation leave or personal time off. Such leave is often provided as an employee benefit by both public and private employers, either through negotiated contracts or personnel policies, but employers are not required by law to do so.
Here are some of the highlighted issues on the website:
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Wage and Hour
View all documents related to this topic by clicking on the document library tab at the top of this page.
Wage and hour issues include state and federal minimum wages, overtime or premium pay requirements, meal periods, rest breaks, prevailing wages for construction jobs, and child labor laws. In many areas of wage and hour requirements, there are both state and federal laws that apply.
Minimum Wage and Overtime
The Federal Fair Labor Standards Act (FLSA) provides for minimum wages and overtime requirements for public and private sector employees covered under the Act. The FLSA does not require paid vacations, sick leave or other benefits. Many states have adopted their own minimum wages, often set higher than the current federal minimum wage of $7.25. In addition, some states have established their own thresholds for overtime or premium pay.
Child Labor
Child labor standards are set by the federal government but work permits are issued by the states and many states have adopted their own requirements for child labor.
Prevailing Wage
Prevailing wages on publicly funded public works projects are required under the Federal Davis-Bacon Act, which requires payment of locally adjusted wages to construction workers. Many states have adopted their own versions of the federal law, often called "Little Davis-Bacon" laws, setting thresholds and requiring payment of prevailing wages on state funded public works projects. Prevailing wage requirements do not apply to private sector employers unless they are working on publicly funded construction projects.
Here are some of the highlighted issues on the website:
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Discrimination
View all documents related to this topic by clicking on the document library tab at the top of this page.
Federal Civil Rights laws prohibits discrimination in employment based on a factors including age, disability, ethic origin, gender, race, religiion or veteran status. In addition, many states have adopted civil rights that provide additional protections against discrimination in hiring or employment, based on additional factors, such as marital status, gender identity, off-duty conduct or mental disability.
Here are some of the highlighted issues on the website:
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Unemployment
View all documents related to this topic by clicking on the document library tab at the top of this page.
High unemployment has been a problem for the nation and most states throughout the Great Recession and during the economic recovery. While unemployment rates are down significantly in most states, the impact on state and federal financing mechanisms continues.
The unemployment system is a financial partnership between the federal and state governments. The federal government levies an unemployment tax, under the Federal Unemployment Tax Act (FUTA), primarily to finance administrative costs of the system, fund loans to states and cover extended benefits.
State governments levy payroll taxes on employers to pay for unemployment insurance benefits. These taxes, calculated on state financing formulas and an employer’s history of claims, are deposited into the federal Unemployment Trust Fund. Each state, plus the District of Columbia, Puerto Rico and the U.S. Virgin Islands, has its own account within the trust fund.
Many individual state accounts in the federal Unemployment Trust Fund have faced shortfalls, due to the increase in claims for unemployment benefits and the decrease in payroll tax revenue during the economic downturn that started in late 2007. A small number of states continue to borrow to cover benefits, while other states have begun to repay their loans from the federal fund.
Here are some of the highlighted issues on the website:
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Pensions
View all documents related to this topic by clicking on the document library tab at the top of this page.
State pension plans come in three varieties: defined benefit, defined contribution and hybrid plans. State pension funds have been impacted by underfunding of obligations and by the severe economic recession. Many states have addressed pension plans in the last several legislative sessions and taken steps to ensure the economic viability of their pension funds.
Here are some of the highlighted issues on the website:
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Workforce
View all documents related to this topic by clicking on the document library tab at the top of this page.
Workforce development is a complex and challenging area that offers significant opportunity for legislators to influence their state’s competitiveness and overall economic well-being, to support working families, and to help individuals find employment that uses and enhances their skills and pays an adequate wage. Although several federal programs provide funding and policy guidelines for workforce development, states play a critical role in the delivery of workforce development services to individuals and employers.
State workforce development programs are funded through both state and federal revenue streams, and include programs for youth, dislocated workers and adult workers in need of job training.
Here are some of the highlighted issues on the website:
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Personnel Issues
View all documents related to this topic by clicking on the document library tab at the top of this page.
Personnel issues cover a wide range of issues, including equal pay, collective bargaining, right-to-work, workers compensation, employee misclassification, flexible work schedules and various types of discrimination against workers or applicants.
Here are some of the highlighted issues on the website:
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Federal Issues
View all documents related to this topic by clicking on the document library tab at the top of this page.
NCSL's Federal Affairs staff work with the U.S. Congress and the Administration to address issues concerning the states at the federal level. Issues include international trade, job creation, economic development, unfunded mandates, workforce development, unemployment, and wage and hour requirements.
Here are some of the highlighted issues on the website:
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NCSL Labor and Employment Program
Contacts
Labor and Economic Development Committee Staff:
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Other Issues
View all documents related to this topic by clicking on the document library tab at the top of this page.
Other issues related to labor and employment include green jobs and career ladders, international trade, job creation and economic development, and employment and benefits for military veterans and their families.
Here are some of the highlighted issues on the website:
Green Jobs
NCSL Staff Contacts: Glen Andersen, Scott Hendrick
International Trade
NCSL Staff Contacts: Jon Jukuri, Mandy Rafool
Job Creation and Economic Development
NCSL Staff Contacts: Todd Haggerty, Luke Martel
Military and Veterans Issues
NCSL Staff Contacts: Jim Reed, Brooke Oleen
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NCSL Quick Links
State Action Map
Featured States
Other Resources
NCSL Contact
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Working Families Overview: A Legislator's Toolkit
Supporting Working Families: The Legislative Role
In the United States today, the vast majority of families—82.2 percent in 2008—have at least one member who works. Yet, despite their efforts, many of these families face significant challenges to achieving their goal of economic security. This has consequences not only for the family, but also for society as whole.
“When families cannot afford the basic necessities like health care, decent housing and reliable transportation, they often find themselves getting farther and farther behind.” says Senator Jim Seymour, Iowa. “Billions of dollars are spent each year…on education and human services. If we can lift our working families out of poverty, we can reduce the cost of government programs.”
As a legislator, you are in a unique position to help support the efforts of working families to achieve economic security in your district and throughout your state. You are, first and foremost, a policymaker. In this role, you can strive to put into place policies that support working families. You are also a community leader. As such, you are uniquely placed to understand and act upon issues at a local level, including forging partnerships with others as they strive to improve the prospects of working families. Your efforts will not only benefit working families, but also will be of consequence for your entire state.
Read Full Article (overview - did you know?)
As a state legislator, you are in a unique position to bolster the efforts of working families trying to make ends meet and build up their savings.
The Working Families Project provides you with:
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Support in finding ways to create opportunities for people to build financial security.
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Ideas of how other states have approached this issue.
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Connections to NCSL staff and other experts for more information.
Read More (101 page)
A Message From Former Representative Ro Foege and Representative Dave Heaton, Iowa
 When Representative Dave Heaton and I graduated from college, we were optimistic. We found jobs and started families. Dave ran a successful restaurant and joined the Army Reserve. I was a social worker. Like many of our peers, we bought homes, fed our families, took sick kids to the doctor, sent them to college and saved for retirement. In short, we thrived—often with one parent working, not two.
Many parents today are not so lucky. They work hard but struggle to provide for their families. Workers today search for jobs in a landscape that has been reshaped by global competition. The stable careers that once propelled many Americans into the middle class have virtually disappeared. People without a college degree or advanced skills training now compete for jobs that pay less and offer fewer, if any, benefits. Opportunities to move up the ladder are scarce.
In short, it is increasingly difficult for parents to buy groceries, visit the doctor, afford a home, save for college and plan for retirement—even when two adults are working. When ends don’t meet, other problems arise. Dead end jobs, taut budgets and tense conversations can wear on even the strongest households. Frustrated parents become discouraged. Persistent financial and emotional troubles rattle families and diminish the odds that children will grow up safe, healthy and educated.
Read Full Article
Representative Ro Foege represented Iowa’s 29th Legislative District from 1996 to 2008. Representative Dave Heaton has represented Iowa’s 91st District since 1995. While serving in the legislature, Representatives Foege and Heaton worked on numerous measures designed to increase opportunities for low-income Iowa families.
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