Situational Awareness
The House and Senate are in session this week. The House will consider a number of bills on the Suspension Calendar and the Senate will continue processing nominations.
Supreme Court Nomination Battle Ahead
On Saturday evening President Trump announced his pick to fill the Supreme Court vacancy due to the death of Associate Justice Ruth Bader Ginsburg. Judge Amy Coney Barrett faces a contentious, but expedited process in the Senate. Majority Leader Mitch McConnell (R-Ky.) has said he expects the vote to confirm Judge Barrett will occur before election day, November 3. Senate Judiciary Chairman, Lindsay Graham (R-S.C.), has set the date for the confirmation hearing on Oct. 12, 2020. The Chairman indicated he believes the hearing will last three or four days. Judge Barrett will face questions from the panel on Tuesday, October 13 followed by testimony from legal scholars and witnesses close to Judge Barrett.
Government Funding Deal Close
Efforts to reach an agreement on another coronavirus relief package continue this week. House Speaker Nancy Pelosi (D-Calif.) appearing on CNN’s “State of the Union” on Sunday said she believes she and Treasury Secretary Steven Mnuchin can strike a deal this week and that Democrats will make an offer at compromise this week. The offer is expected to be in the neighborhood of $2 – $2.4 trillion including funds for restaurants, airlines and a reboot of the Paycheck Protection Program (PPP). If a deal isn’t reached, it’s possible House Democrats could put their offer up for a vote in the House late this week. In my discussions with House leadership, it appears at the moment the PPP will be expanded to include all 501(c) organizations, though it could change. NCA has weighed in with leader ship on both sides of the aisle urging inclusion of 501(c) entities in the PPP and enhancement of the Employee Retention Tax Credit.
Dept. of Labor Releases New Independent Contractor Rule
Last week, the Department of Labor (DOL) released a new rule aimed at providing more certainty for employers classifying workers as independent contractors. The new proposed rule adopts an “economic reality” test to determine which workers qualify as independent contractors. The proposed rule applies several factors in determining classification with no one factor being dispositive. The DOL plans to give greater weight to two key factors: the nature and degree of the employer’s control over the work and the worker’s opportunity for profit or loss based on personal initiative or investment. Access the proposed rule here.
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