Key Election for EFCA and Other Federal Employment Legislation

By Mark S. Spring

For many of us in California, Tuesday is the first day back from a three day holiday weekend.  However, in Massachusetts, it is also an election day.   Massachusetts citizens today will choose a replacement for the late Senator Ted Kennedy.

Most people believe it is a very close race between Democrat Martha Coakley and Republican Scott Brown.  The result of this race is much bigger than Massachusetts politics.  If Brown wins, the Senate will then have 41 Republicans, enough to fillibuster any Democratic sponsored legislation, including the Employee Free Choice Act (EFCA).  In reality, the success of many of the pro-employee legislation now sitting in Congress (FMLA expansion, WARN Act expansion, mandatory sick leave, EFCA, Arbitration Fairness Act, and many other bills) may be riding on Martha Coakley's ability to keep both Massachusetts Senate seats with the Democrats.

It may not be an election day in California, but California employers should pay close attention to what is happening in Massachusetts Tuesday.

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