June 25, 2009 — A bill to prevent employers from retaliating against workers who have filed a complaint against them cleared the Senate's Labor and Agriculture Committee Thursday with the full support of government officials who spent a few hours suggesting amendments that would strengthen the proposal.
The bill, sponsored by Sen. Celestino A. White Sr., prohibits employers from intimidating, harassing, threatening, demoting or firing an employee who has filed a complaint against them with the Department of Labor. Employees who violate the law would be fined $1,000, while a cease and desist order prohibiting the employer from retaliating against the employee would be filed and remain in effect for six months.
While expressing his support for the bill, Labor Commissioner Albert Bryan Jr. said the current language would not protect the employee until an investigation into the harassment claims is complete. The law would also have to clearly state when the cease and desist order would go into effect, he added.
Labor recently handled a wage case in which the employee was not being paid by his employer, who told one of the department's compliance officers that "business was bad" and that his employees had agreed to continue working until the company's cash flow improved, at which time they would be paid for the hours they had worked.
"The officer advised the employer that this would have to stop," Bryan said. "The employer proceeded to lay off the employee due to economic reasons and the employee filed a retaliation claim. The employer took action against the worker that may have seemed retaliatory, but in reality was unconnected to the charge. Rather than violate the law, the employer chose to terminate the worker due to economic reasons."
After about an hour or so of brainstorming, Bryan and committee chairman Sen. Usie R. Richards came to a compromise. Labor — or the Public Employees Relations Board (PERB) — would be given two weeks to conduct an investigation into the harassment or retaliation claim, and in the meantime, the employee cannot be fired, demoted or have his or her hours reduced. If the investigation extends beyond the two weeks and the employee loses his or her status, then the employee will be reimbursed for any lost wages if his or her claim is found to be legitimate.
"The employer would have to prove they were not being retaliatory," Bryan added later.
Bryan also suggested that the fine be increased to $10,000.
"This is especially important for employees of businesses that don't enjoy the protection of a bargaining unit," he explained. "Many of these employees are abused because they fear reporting the violations of their rights will result in their termination or harassment intended to get them to resign. To compound this problem, many of these workers earn low wages and lack the financial resources to risk losing their job."
Discussion also highlighted Labor's need for some extra investigators and compliance officers. Bryan said after the meeting that the department could use at least one more compliance officer in each district — there are currently four territory-wide — and another investigator.
Voting to move the bill onto the Rules and Judiciary Committee for further consideration were Sens. Craig W. Barshinger, Terrence "Positive" Nelson, Nereida Rivera-O'Reilly, and Richards.
Sens. Carlton "Ital" Dowe and Shawn-Michael Malone were absent.
White also attended Thursday's meeting.
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