Vermont Government Affairs Update- March 18, 2025

On Thursday, March 13, the Senate Economic Development, Housing and General committee took up a slew of bills related to labor laws. ABC NH/VT Vermont Regional Director, Matt Musgrave, was invited to give feedback on the bills introduced. The issues raised were for the most part perennial requests to the legislature from organized labor groups. The policies were introduced in the “11^th hour” of the first half of the biennium. They had not yet received an official bill number, and little to no testimony was received.

For reference, the Senate Economic Development, Housing and General committee has had a history of starting big labor bills which generally do not make it through the rest of the legislative process but are nods to labor organizations from the committee.

One of the favorite requests from labor organizations is that Vermont turn away from a long tradition of “employment at will” which allows an employer to separate an employee for no reason to a new “just cause” termination law. Musgrave's testimony on this policy served as more of an education than position statement showing there is no need for a “just cause” standard. In fact, the Vermont unemployment system already recognizes terminations for no cause and requires employers pay into an unemployment trust fund for the benefit of those employees let go by no cause, or layoffs. In addition, Musgraves testimony pointed out that the unemployment trust fund that has more than $300 million would have to be redistributed to the payors who had built the trust fund which includes businesses that have closed in the past. The committee’s response was that there was not likely time to vet this policy, so they moved on. In the rare event that the language finds its way into a bill this year would most likely result in a veto by Governor Scott.

Musgrave began testimony on “right to sit” with some humor that was inspired by the sitcom Seinfeld. In the episode, one of the characters advocated to a retail security guard’s management that he should be allowed to sit while on the job. Management obliged and the security guard fell asleep. Aside from the appropriate amount of humor, Musgrave pointed out that OSHA and the Americans with Disabilities Act (ADA) already consider the need to sit. The OSHA 5A standard requires that employers keep employees safe from known hazards and if standing was causing undue injury they would need to be accommodated. ADA requires that reasonable accommodation must be made for someone with physical challenges preventing them from standing. Even with the clear explanation one Senator was strongly advocating for the policy, but the rest of the committee felt the policy went too far and left it behind.

A big policy change was introduced related to Vermont’s Prevailing Wage. The proposal would remove the existing system which is based on surveys of Vermont’s actual wages and replace it by tying the classification wages to that of the “closest” by geography union bargaining agreement. Musgrave testified that making this change would be unreasonable due to the fact Vermont’s construction workforce is less than 2% union so any local wages (which might not even exist) would be outliers not representing actual Vermont wages. Also, it was pointed out that due to the lack of unions in Vermont, northern New York, and most of New Hampshire would require wages to be tied to Massachusetts wages, or that of the unions operating in Portsmouth’s military installations with neither representing actual Vermont wages. The committee chair admitted this was not realistic to take up this year but stopped short of agreeing it was a bad idea.