Senate Democrats Go After GOP on Worker Protections

As the Senate starts its month-long recess, Democrats took a parting shot at Republicans for blocking measures they say would benefit workers, an issue that will likely find its way into congressional and presidential campaigns in the fall of 2016.

Sen. Patty Murray, ranking Democrat on the Senate Health, Education, Labor and Pensions Committee and a rising star among her party’s leadership, sought unanimous consent to pass Democratic proposals that would increase the minimum wage and give workers more paid sick days. Sen. Elizabeth Warren, D-Mass., also sought Senate approval of a measure (S 1772) to give employees more control over their work schedules.

Majority Whip John Cornyn, R-Texas, objected to the requests on the behalf of HELP Chairman Lamar Alexander, R-Tenn., and accused Democrats of political theater.

"What we've just seen from our friends across the aisle is not designed to get anything actually done," Cornyn said. "It was a show to try to claim political advantage and to try to create a narrative that simply isn't borne out by the facts."

Democrats are expected to trumpet worker issues as the parties shape their policy talking points for the 2016 election season. The proposed measures appeal to Democrats' base, though they are unlikely to advance in the GOP-controlled Senate. Still, Democrats can use the issues to squeeze several vulnerable Republicans up for re-election in 2016.

Murray, of Washington, said Republicans have exacerbated workforce problems by granting more tax cuts to the wealthiest Americans and rolling back regulations on corporations under the “deeply flawed theory” that those benefits would eventually trickle down to the average worker. Instead, the beneficiaries of GOP policies have kept wages low and stifled worker protections to gain a competitive advantage, Murray said, adding they are  “running a race to the bottom and pulling their workers down with them.”

But Cornyn said the Democrats' proposals are costly, unfunded mandates that would make it harder for Americans to find jobs.

Democrats are seeking action on bills to increase worker pay and protections, which have faced Republican opposition to some degree. However, vulnerable GOP members showed they could break from their party's position when they were forced to take test votes on the issues as part of the debate over the budget resolution (S Con Res 11).

For example, GOP Sens. Rob Portman of Ohio, one of the most vulnerable senators up for re-election, and Susan Collins of Maine broke from their party earlier this year to vote with the Democrats on a budget amendment that would have allowed legislation to seek a “substantial increase” in the minimum wage.

The Senate rejected that amendment but adopted a side-by-side proposal by Sen. Mark S. Kirk of Illinois, another Republican facing a challenging campaign in 2016, reaffirming states’ rights to set higher minimum wages.

Hoping to build on cracks in the GOP position, Murray has a measure (S 1150) that would incrementally increase the federal minimum wage from the current rate of $7.25 an hour to $12 an hour by 2020. That would be enough to lift a family of three out of poverty, she said.

“Today, the federal minimum wage can leave a family in poverty, even after working full time, and even without taking a single day off,” Murray said.

Murray also filed a bill (S 497) to ensure protection for 43 million workers who currently do not receive paid sick leave from their employers and are at risk of losing money if they choose to stay home when they or someone in their family is ill. The legislation would allow workers to earn up to seven paid sick days.

The Senate appears poised to endorse Murray's measure, having adopted a budget amendment that could allow workers to earn paid sick leave with the support of 15 Republicans, including 11 who are up for re-election next year. Two vulnerable Republicans  – Patrick J. Toomey of Pennsylvania and Ron Johnson of Wisconsin – switched their vote in favor of the measure after the tally had been called, making the final vote a filibuster-proof 61-39.

Democrats also want to target the pay gap between men and women – an issue to which Republicans show signs of openness. Murray did not include the bill in her request Wednesday but called for action on the issue in a floor speech Tuesday.

The GOP backed a budget resolution amendment by Sen. Deb Fischer, R-Neb., to allow legislation to make it illegal for employers to retaliate against employees who discuss or ask about comparative compensation. She subsequently filed a bill (S 875) to that effect.

Republicans argue current law already prohibits pay differences between men and women and believe reiterating employees’ right to discuss wages, when combined with existing remedies, is sufficient. They have blocked Democratic measures to require businesses to prove that the pay difference is a business necessity, and rejected a budget resolution amendment that would have allowed for legislation related to equal pay policies, including allowing for punitive damages and limiting the exception for unequal pay.

It seems some Democrats agree that current law offers equal pay protection and are willing to compromise. The Republican budget amendment was adopted with the support of two Democrats – Joe Donnelly of Indiana and Joe Manchin III of West Virginia – as well as Angus King, I-Maine.