Domestic Rules and Regulations

Labor Issues

8.27.07
On July 31, the House voted along party lines, 225-199, to overturn a recent Supreme Court Decision, Ledbetter v. Goodyear Tire and Rubber Co., who ruled, consistent with current law, that the period of time under which an individual may file an employment charge must be limited.

In anticipation of the final vote, AAFA sent a joint letter with a coalition of more than forty groups, organizations and other trade associations voicing unified opposition to the bill, The Ledbetter Fair Pay Act of 2007 (HR 2831). The legislation was introduced on June 22 and voted out of the Education and Labor Committee five days later. The coalition expressed deep frustration that the committee refused to hold any hearings on the bill, and reported it out for a floor vote without giving opposition an opportunity to share its concerns with the policy change.

While a companion bill is awaiting action in the Senate, it is not expected to move as quickly, if at all. Either way, the Administration has already issued a veto threat on HR 2831, essentially killing the legislation for the remainder of 110th Congress.

For questions or additional information, please do not hesitate to contact Kurt Courtney at 703.797.9039.

5.31.07

On May 23, President Bush's pick for the Chair of the Consumer Product Safety Commission (CPSC), Michael Baroody, withdrew his nomination. This announcement came a day before Baroody’s scheduled confirmation hearing with the Senate Commerce Committee. Baroody, the top lobbyist for the National Association of Manufacturers, withdrew from consideration following strong opposition from several consumer rights groups and activists and after several Senators announced they would block the nomination. No other nominee has yet been named.

4.10.09

On March 29, Senator Edward M. Kennedy (D-MA), introduced the Senate version of the Employee Free Choice Act (EFCA) bill (S. 1041). This bill has already passed the House and is now pending in the Senate. If enacted, the legislation would replace the existing system of federally supervised, secret ballot union certification elections, with a “card check” that certifies a union if a majority of employees sign an authorization card. Employees’ signatures would be made public to the employer, union organizers and co-workers. So far, there are 47 co-sponsors, all of which are Democrats. With several Democrats opting not to co-sponsor this legislative priority of organized labor, and with all Republican Senators so far withholding support, there appears to be not enough support for the measure to be approved in the Senate or withstand an expected filibuster.
Nevertheless, it is crucial you contact your Senator and encourage him or her to oppose S. 1041. You may contact them through the Senate switchboard at 202.224.3121 or by sending an email through a website AAFA has created for your convenience. When you access this website, type in your zip code at the prompt. AAFA is opposed to this legislation and has joined a broad industry coalition – the Coalition for a Democratic Workforce – to work this issue. The Coalition has sent a letter to Congress, and is now actively meeting with Senators and staff to explain why this legislation is not needed. Please contact Steve Lamar at 703.797.9041 or Rebecca Mond at 703.797.9038 for more information

3.5.07

As expected, on March 1 the House approved a bill (HR 800) that would eliminate important workforce protections relating to union organizing. The legislation, which passed on a near party-line vote of 241 to 185, would replace the current system of federally supervised secret ballots with a simple "card check". While proponents believe this legislation is needed to promote unionization efforts, critics maintain that the legislation would constitute an assault on democracy, privacy and security at the workplace. AAFA sent a "key vote" letter to every House member urging a NO vote. Immediately after the House action, AAFA President Kevin M. Burke issued a statement urging the Senate to reject this legislation should it be considered. Although the Senate champion of this legislation, Senator Ted Kennedy (D-MA) has indicated his intention to move a Senate companion bill, conventional wisdom now suggests that there is insufficient support in the Senate for the legislation to move. Moreover, President George W. Bush has already announced he will veto this legislation. Nevertheless, it is important for AAFA members to continue to voice their opposition to this poorly crafted legislation. To register your opposition and email Congress, please click here.

2.26.07

The goal of the annual NAOSH week, to be held nationwide May 6 - 12, is for employers, employees, the general public and all partners in occupational safety, health and the environment to become better informed on the importance of preventing injury and illness in the workplace. If you or your company would like more information on how to participate during NAOSH week, please contact AAFA's Rebecca Mond at 703.797.9038 or visit the 2007 NAOSH Week website.

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Ergonomics

4.24.05

On March 24, 2005 the American Apparel & Footwear Association (AAFA) renewed its alliance with the Occupational Safety and Health Administration (OSHA) to continue building on successes to help reduce workplace injuries and illnesses in the apparel and footwear industry, with a particular focus on ergonomics. The Alliance was initially created in February 2003.

...More on Ergonomics and the AAFA/OSHA Alliance

Labeling

8.15.05
The Federal Trade Commission (FTC) announced the release of the recently updated labeling guide, Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts." The FTC requested AAFA's assistance in updating and publishing this guide, which will answer many of your questions about the basic labeling requirements. It contains many examples of correct labels and summarizes labeling requirements for textile and fur products. If you would like to order a free copy of the guide, please call 877.FTC.HELP.

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Product Safety

10.1.07
The issue of Import/Product Safety is receiving more and more attention from Congress. Last week, Senator Dick Durbin (D-IL) convened a Senate oversight hearing focused on toy safety. The hearing included testimony from Consumer Product Safety Commissioners (CPSC) Nancy Nord and Thomas Moore.
Senator Mark Pryor (D-AR) also introduced legislation focused on the reorganization of the CPSC. Meanwhile, the House Energy and Commerce Committee conducted a 2-day hearing last week addressing the lead situation in toys and jewelry. Pryor is expected to hold a hearing on his recently introduced legislation during the first week of October, with action in the Senate expected during the following weeks.
Also, during the week of October 1, the first public meeting of the President’s Interagency Import Safety Working Group will be held. For details regarding this meeting or any of these other initiatives, please contact Steve Lamar at 703.797.9041 or Rebecca Mond at 703.797.9038.

8.27.07
On July 31, the House Energy and Commerce Committee's Subcommittee on Commerce, Trade and Consumer Protection approved several bills to address consumer product safety for children. One bill, H.R. 1699, deals with product registration cards, requiring certain manufacturers to present registration forms at the time of purchase that facilitate recalls of certain infant and toddler products. The bill does not pertain to apparel or footwear at this point.

A second bill, H.R. 2474, provides for an increase in the maximum civil penalty (up to $10 million) for violations of the Consumer Product Safety Act. If passed, this raise in penalty will be “phased-in” over a period of 2 years.

For more information regarding these bills, please contact AAFA's Rebecca Mond at 703.797.9038.

8.27.07
On July 18, President George W. Bush established an import product working group to help ensure the safety of food and consumer goods shipped into the United States. A major focus of this inter-agency group, which will be chaired by the Secretary of Health and Human Services, will be to improve safety and inspection programs with respect to products imported from China. The working group is expected to make recommendations by mid-September.

On July 18, the Consumer Product Safety Commission (CPSC) Acting Chair Nancy Nord officially announced her Product Recall, Information and Safety Modernization (“PRISM”) Act proposal that would, among other things, provide CPSC with additional enforcement capabilities, modify the recall process, and create new information and reporting requirements for potentially dangerous products. Both the House and Senate Committees with jurisdiction over the CPSC have indicated their interest in reorganizing select CPSC operations. AAFA is closely monitoring such efforts. For more information and to receive a copy of the PRISM proposal, please contact AAFA's Rebecca Mond at 703.797.9038.

5.31.07

4.10.07

On Friday, March 23, the Consumer Product Safety Commission (CPSC) published a Federal Register notice providing a technical correction to the Standard for the Flammability of Children’s Sleepwear: Sizes 0 Through 6X. The technical correction was prompted by a need to correct a measurement in a table in final regulations which were published 8 years ago and to correct several typographical errors in the standard. The corrections became effective on March 23, 2007. (Steve Lamar)

3.5.07

On March 1, the White House announced the nomination of Michael Baroody as chairman for the Consumer Product Safety Commission (CPSC). Baroody is Executive Vice President of the National Association of Manufacturers (NAM), where he has worked since 1990. Noting that Baroody would be a tremendous asset to the CPSC, AAFA President & CEO Kevin M. Burke sent a letter to the Senate Commerce Committee urging support for a swift confirmation. If confirmed, he would fill the vacancy left by Hal Stratton Jr., who left the CPSC in July 2006.

2.12.07

Last week, the Consumer Product Safety Commission (CPSC), in cooperation with Meijer Stores, announced a voluntary recall of toddler pants sets manufactured by G & W Industries of New York, NY.

The garments have a zipper on the jacket that can detach and pose a strangulation hazard. This recall involves “Little Lass” toddler pants sets sold with a velour jacket and pants, and a tee-shirt. The sets were sold in red and black, and have the words 'Snow Angel' printed on the front of the jacket. The sizes involved in this recall are 2T, 3T and 4T, and were sold at Meijer Stores from October 2006 to December 2006 for about $20. Consumers should return the product to Meijer Stores for a full refund, and should stop using the product unless instructed otherwise.

6.28.06

In cooperation with the Consumer Product Safety Commission (CPSC), Adjmi Apparel Group, a licensee of Reebok International Ltd., voluntarily recalled about 55,000 children’s windsuits. The recalled windsuits are full zip boys’ polyester jacket and pants sets with a clear rubber zipper pull on the jacket that can detach, posing a choking or aspiration hazard to young children. Consumers should either return the recalled suit or cut off the clear zipper pull to eliminate the hazard. For more information, contact Adjmi toll free at 800.873.5570 or visit the Reebok website.

6.20.06

In cooperation with the Consumer Product Safety Commission (CPSC), Nine West Footwear has voluntarily recalled roughly 6,700 pairs of Sam & Libby girl’s thong sandals. The metal tack that joins the strap to the sole can detach, posing a “laceration hazard.” The sandals were produced in Fish, Starfish and Angelfish models in girls’ sizes six to 12. For additional information, please contact Nine West Footwear's Customer Relations Department at 800.999.1877, or visit the Jones Apparel Group, Inc. website.

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