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NCA’s Washington Weekly Update 1-25-21

Situational Awareness
This week the House is out of session and the Senate will begin reviewing cabinet nominations for the Biden administration, including the expected confirmation of Janet Yellen, who would be the country’s first female Treasury secretary.

Biden Administration Looks into New OSHA COVID-19 Standard
The Biden administration just released the Executive Order on Protecting Worker Health and Safety, which directs the Occupational Safety and Health Administration to:

  • Issue “revised guidance to employers on workplace safety during the COVID-19 pandemic” within two weeks;
  • “Consider whether any emergency temporary standards on COVID-19… are necessary,” and if so, to issue those standards by March 15;
  • Launch a national program to focus enforcement efforts on “violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles;” and
  • Coordinate with states that have their own occupational safety and health plans to ensure workers covered by those plans are “adequately protected from COVID-19.”

Additionally, the Secretaries of Labor, Agriculture, Health and Human Services, Transportation, and Energy are instructed to “explore mechanisms to protect workers not protected under the Act.”.

Biden Shakes Up NLRB
Last week President Biden terminated National Labor Relations Board (NLRB) General Counsel Peter Robb. Upon assuming office, Biden immediately asked for Robb’s resignation. He refused and was subsequently fired. Later in the week, Biden relinquished the NLRB’s second-ranked attorney, Deputy General Counsel Alice Stock. The NLRB enforces private-sector workers’ rights to organize, and its general counsel has sweeping authority—much like a prosecutor—to determine which types of cases the agency does or doesn’t pursue. Biden has not yet selected who will fill the vacancies, however, it is expected the nominees will take more pro-union stances than their predecessors. The candidates will need to be confirmed by the closely divided Senate.

Biden Reveals His Economic and COVID-19 Plan
President-elect Joe Biden has released his economic plan to stimulate the economy and combat COVID-19. “American Rescue Plan” totals $1.9 trillion in spending and includes $1,400 direct payments to individuals and more than $400 billion to directly address the pandemic.

Impeachment Articles Sent to Senate
Today, Speaker of the House Nancy Pelosi (D-Calif.) is expected to send articles of impeachment of Former President Trump to the Senate in regards to the January 6 Capitol attack.

The Senate has struck a deal to delay the trial to February 8, giving ample

NCA Signs onto Two COVID-19 Letters to Help Businesses
The National Club Association (NCA) has signed onto two COVID-19-related letters that seek to clarify critical rules for businesses as well as protect businesses from unnecessary litigation.

The first letter calls for the Equal Employment Opportunity Commission (EEOC) to provide additional guidance on employer-provided incentives for vaccinations, clarifying the extent to which employers may offer employees incentives to vaccinate while remaining in compliance of the Americans With Disabilities Act and other laws enforced by the EEOC.

NCA also signed onto a U.S. Chamber of Commerce letter urging Congress to take strong action and provide a national baseline of liability protection during the pandemic to prevent unnecessary lawsuits from inhibiting businesses and the economy.

The letter states that legislation “should ensure that unfair lawsuits will not hamper those who work to comply with applicable government guidelines. We also believe these protections should be limited in duration and scope in addition to preserving reasonable recourse for those harmed by truly bad actors.”

Connecticut Law Accidentally Penalizes Clubs
Several clubs in Connecticut saw their liquor license fee jump from $300 to $2,000 due to a 2019 law that intended to streamline its liquor laws.

That law, An Act Streamlining the Liquor Control Act, reduces the total number of permits from 40 to 12 and is designed to modernize the state’s laws and support the craft beer industry. The law consolidated cheaper club permits and replaced it with the more expensive permit.

As a result, Gov. Lamont (D) has issued executive orders delaying the collection of the fee to February 9. Additionally, the state is hoping to streamline a new bill that would grandfather clubs at $815.

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