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  3. Lawmakers Advance Bills on Training and Joint Employer Status
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Lawmakers Advance Bills on Training and Joint Employer Status

December 12, 2023 | Leah Shepherd

Lawmakers Advance Bills on Training and Joint Employer Status

Congressional lawmakers recently advanced four bills to enhance workforce training and address workers' union rights at a time of low unemployment and high rates of unfilled jobs.

On Dec. 12, members of the U.S. House Education and the Workforce Committee from both parties supported a bill to extend federal Pell Grant eligibility to certain short-term workforce programs and another bill to reauthorize and amend the Workforce Innovation and Opportunity Act (WIOA), which funds federal training programs and employment services for workers.

The committee also advanced a joint resolution to nullify the National Labor Relations Board's (NLRB's) final rule on determining joint employer status, as well as a separate bill to raise the threshold for small businesses to come under the jurisdiction of the NLRB. Currently, the threshold for retailers is $500,000 in annual revenue, and the bill would increase that to $5 million. Likewise, the threshold for nonretailers is $50,000 in annual revenue, and the bill would increase that to $500,000.

The four bills still would need to pass the full house and the Senate.

The WIOA authorization garnered widespread bipartisan support. It includes provisions to:

  • Dedicate 50 percent of the adult and dislocated worker funding to upskilling workers through individual training accounts and on-the-job learning, and providing eligible displaced workers with accounts worth $5,000 to enroll in high-quality reskilling programs.
  • Prioritize employer-led initiatives that equip workers with skill sets to fill jobs in critical industries and help the currently employed workforce upskill to avoid displacement and advance their careers.
  • Place a greater emphasis on work-based learning for youth and on workforce education programs at community colleges that align with in-demand jobs.
  • Authorize state and local workforce boards to aid employers implementing skills-based hiring practices.

Rep. Rick Allen, R-Ga., said the bill would help entrepreneurs grow their business. "I have experienced firsthand just how hard it can be to find skilled and qualified workers. It's never been harder than right now," he said.

The bill would help employers recruit and retain talent "for in-demand sectors of the economy like health care, cybersecurity and advanced manufacturing," said Rep. Lucy McBath, D-Ga.

In the U.S., there are 8.7 million job openings as of Oct. 31, but only 6 million unemployed workers, according to the U.S. Bureau of Labor Statistics.

Rep. Glenn Thompson, R-Pa., said the WIOA reauthorization would fuel innovation, help the nation "transition to a skills-based economy, and ultimately build a stronger and more resilient workforce."

Because skills needs are changing in a modern economy, Rep. Alma Adams, D-N.C., said, "It's imperative that our nation provide more opportunities and on-ramps for those seeking to develop the skills necessary for in-demand jobs."

Joint Employer Status

The resolution against the NLRB's joint employer rule did not win bipartisan agreement.

Rep. Virginia Foxx, R-N.C., said the joint employer rule "recklessly holds a company liable for employees it does not employ or directly supervise. This broadened language will confuse and harm franchisors, franchisees and entrepreneurs across the country."

However, Rep. Bobby Scott, D-Va., said overturning the NLRB's joint employer rule would weaken workers' ability to organize and collectively bargain.

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