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This policy would also allow states to take into account the unique experiences that small home care providers and providers in rural areas face while ensuring their employees receive their fair share of Medicaid payments and continued training as well as the delivery of quality care. Higher wages will likely reduce turnover, leading to higher quality of care for older adults and people with disabilities across the nation, as studies have shown. States will also be required to be more transparent in how much they pay for home care services and how they set those rates, increasing the accountability for home care providers. Finally, states will have to create a home care rate-setting advisory group made up of beneficiaries, home care workers and other key stakeholders to advise and consult on provider payment rates and direct compensation for direct care workers.
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The state Assembly’s Labor and Employment Committee advanced it in an April 17 vote, but lawmakers voiced concerns about how it would function in real-world workplaces. It still needs votes from the full Assembly and Senate before it would go to Gov. Gavin Newsom (D). A California “right to disconnect” proposal aims to protect workers from the growing expectation that they’re always available to their bosses, spurring opposition from business groups that say it would create a compliance mess especially for management of salaried employees.
However, Ives thinks ByteDance would be unlikely to sell TikTok with its core algorithms, the vital software that provides video recommendations to users based on their interests and viewing habits. Meanwhile, TikTok had asked its users to contact their lawmakers to argue against the bill's passage, an effort that failed to sway opinions in Washington, D.C., noted Eurasia Group director Clayton Allen. The passage of the updated version of the bill came after Maria Cantwell, the Senate commerce committee chair, urged the House in March to revise the bill’s details, which now extends TikTok’s parent company ByteDance’s divestment period from six months to a year.
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Contents
The decision by House Republicans to include TikTok as part of a larger foreign aid package, a priority for President Biden with broad congressional support for Ukraine and Israel, fast-tracked the ban after an earlier version had stalled in the Senate. A standalone bill with a shorter, six-month selling deadline passed the House in March by an overwhelming bipartisan vote as Democrats and Republicans voiced national security concerns about the app’s owner, the Chinese technology firm ByteDance Ltd. The Senate late Tuesday passed a broad legislative package that delivers $95 billion in foreign aid to Ukraine, Israel and other U.S. allies.
The company has indicated that it would likely go to court to try to block the law if it passes, arguing it would deprive the app’s millions of users of their 1st Amendment rights. "The idea that we would give the Communist Party this much of a propaganda tool, as well as the ability to scrape 170 million Americans' personal data, it is a national security risk," Senator Mark Warner, a Virginia Democrat, said on CBS' "Face the Nation," on Sunday. The announcement Friday afternoon came as protests escalated at the school’s campus in Los Angeles after school officials canceled an address by the student, Asna Tabassum, following complaints by a pro-Israel group that she had engaged in antisemitism in social media posts. Employment lawyers are increasingly hearing from workers about the blurred boundaries around work hours, Mariko Yoshihara, legislative counsel and policy director for the California Employment Lawyers Association, told lawmakers at the April 17 committee hearing.
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Texas’ ban was challenged last year by the Knight First Amendment Institute at Columbia University, which argued in a lawsuit that the policy was impeding academic freedom because it extended to public universities. Members of both parties, along with intelligence officials, have worried that Chinese authorities could force ByteDance to hand over American user data or direct the company to suppress or boost TikTok content favorable to its interests. TikTok has denied assertions that it could be used as a tool of the Chinese government and has said it has not shared U.S. user data with Chinese authorities.
Meanwhile, TikTok has repeatedly said that it has not and would not share US user data with the Chinese government. “TikTok is an independent platform, with its own leadership team, including a CEO based in Singapore, a COO based in the US and a global head of trust and safety based in Ireland,” the company said. A social media post of a small Bull Terrier mix desperately chasing its owner’s car struck a chord with dog lovers in Long Beach Wednesday. For hourly workers, California law already includes stronger protections than federal statutes, such as overtime pay calculated daily for hours beyond eight per day. For work beyond 12 hours per day, the overtime pay increases to double the worker’s usual hourly rate. The company has good reason to think a legal challenge could be successful, having seen some success in previous legal fights over its operations in the U.S.
It’s also unclear whether a manager or a coworker sending a message after hours would be a violation, or only if the company penalizes workers for not responding to after-hours communications, Groff said. The bill calls for employers and employees to establish what counts as “nonworking hours” by written agreement, but doesn’t set any limits on how they define that term. “As exempt employees, we’re paid a salary for doing our work whenever we need to,” she said.
Critics of the popular social media app argue that ByteDance, which is based in China, could collect user data and censor content that is critical of the Chinese government. In March, Avril Haines, the director of national intelligence, warned in a House intelligence committee hearing that China could use TikTok to influence the US’s 2024 presidential elections. The House has passed legislation that would ban TikTok in the United States if the popular social media platform’s China-based owner doesn’t sell its stake within a year, but don’t expect the app to go away any time soon. This rule will not only benefit residents and their families, it will also ensure that workers aren’t stretched too thin by having inadequate staff on site, which is currently a common reason for worker burnout and turnover. Workers who are on the frontlines interacting with residents and understanding their needs will also be given a voice in developing staffing plans for nursing homes. The Biden-Harris Administration also continues to invest in expanding the pipeline of nursing workers and other care workers, who are so essential to our economy, including through funding from the U.S.
House lawmakers on Wednesday approved legislation meant to force ByteDance, the Chinese internet company, to sell its wildly popular social media app TikTok. Barring such a deal, the legislation would, in fact, ban the social media app in the U.S. The House of Representatives voted 360 to 58 on the updated divest-or-ban bill that could lead to the first time ever that the US government has passed a law to shut down an entire social media platform.
In November, a federal judge blocked a Montana law that would ban TikTok use across the state after the company and five content creators who use the platform sued. TikTok has lobbied hard against the legislation, pushing the app’s 170 million U.S. users — many of whom are young — to call Congress and voice opposition. But the ferocity of the pushback angered lawmakers on Capitol Hill, where there is broad concern about Chinese threats to the U.S. and where few members use the platform themselves. "At the stage that the bill is signed, we will move to the courts for a legal challenge," Beckerman, head of public policy for the Americas at TikTok, wrote.
Lawmakers and the White House have expressed concerns that TikTok’s Chinese ownership poses a national security risk because Beijing could use the app to gain access to Americans’ data or run a disinformation campaign. The bill, which would force TikTok’s Chinese parent to sell the popular social media app, faces a difficult path in the Senate. Since mid-March, TikTok has spent $5 million on TV ads opposing the legislation, according to AdImpact, an advertising tracking firm. The ads have included a diverse group of content creators, including a nun, extolling the positive impacts of the platform on their lives and arguing a ban would trample on the 1st Amendment. The company has also encouraged its users to contact Congress, and some lawmakers have received profanity-laced calls. The bill’s quick path through Congress is extraordinary because it targets one company and because Congress has taken a hands-off approach to tech regulation for decades.
"We'll continue to fight, as this legislation is a clear violation of the First Amendment rights" of TikTok users. The US Department of Labor is close to finalizing a rule to expand federal overtime protections, but would still cover a smaller portion of workers than California’s law. Dozens of states and the federal government have put in place TikTok bans on government devices.
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