California Labor &
Employment Law Blog
Apr 16, 2009

EFCA Update - Employee Free Choice Act Losing Democratic Support in Senate

Topics: New Laws & Legislation

Over the last few weeks, several key Democratic Senators have withdrawn their support for the current version of the Employee Free Choice Act. Senators Feinstein (CA) and Carper (DEL) announced earlier this month that they will not support the bill. Previous Republican supporter Arlen Spector announced in March that he is withdrawing his support. Several other key Democratic Senators are also wavering and word is that Senator Kohl (WI) has removed his name as one of the Act's co-sponsors.

The Act now looks like it is unlikely to pass through the Senate without some material compromise by the pro-union supporters. Such a compromise would probably have include removal of the card check provisions or some substantial amendment to it (for example requiring a supermajority of cards to avoid election) to have a likely shot at passage.Congressman Sestak has already introduced one amended bill in the House, which contains virtually all the provisions of the EFCA, except for the card check recognition provisions. That bill, HR 1355, is called the "National Labor Relations Modernization Act" and can be found by clicking here:

In any case, a Senate vote on the current EFCA bill, S 560 ( is unlikely until the situation with the Minnesota Senate seat is resolved and the final senator (likely to be Democrat Al Franken) is officially seated.

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Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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