Situational Awareness
This week the Senate will vote on the confirmation of President Joe Biden’s nominee to lead the Veterans Affairs Department today. The Senate will also begin the second impeachment trial of former President Donald Trump. House committees will begin marking up Biden’s $1.9 trillion COVID-19 stimulus package.
NCA Signs Letter to For H-2B Visa Relief
NCA has signed on to a letter to repeal immigrant and non-immigrant visa bans including one related to the issuance of new H-2B and other worker visas that have delayed the entry of H-2B workers.
$15 Minimum Wage Path Unclear in COVID-19 Relief Billed in COVID-19 Relief Bill
President Biden has appointed Peter Sung Ohr as National Labor Relations Board (NLRB) Acting General Counsel. Ohr replaced Peter Robb, who was removed by Biden immediately after his inauguration.
Ohr was named Deputy Assistant General Counsel in the NLRB’s Division of Operations Management in 2005 and was appointed to Regional Director of the NLRB’s Chicago Regional Office in 2011. He is best known for finding that college football players are university employers who can unionize.
House Proposes Bill to Allow Remote Electronic Union Elections
The House has introduced a bill that directs the NLRB “to implement a system and procedures to conduct representation elections remotely using an electronic voting system.” If passed, the bill would:
- effectively ban state right-to-work laws by permitting “fair share” fees;
- adopt the ABC test for independent contractors;
- codify the Obama-era joint employment, ambush election, and persuader rules;
- reverse the Supreme Court’s recent Epic Systems decision upholding class action waivers in arbitration agreements;
- permit greatly expanded damages and civil penalties; and
- allow for a backdoor card-check route in instances where a “violation” has occurred.
The PRO Act was blocked by the Republican-controlled Senate in the last Congress. However, with a Democrat-controlled Senate this year and support by President Biden and Democrat leaders in the House and Senate, the bill stands a greater chance of passing and becoming law
DOL Delays Implementation of Trump-era IC and Tip Pooling Rules
The Department of Labor has proposed extending the effective date of the Trump-era independent contracting (IC) and tip pooling rules to allow the agency more time for review.
The IC rule would simplify the process employers may use to classify workers as ICs. The tip pooling rule would allow restaurants to share tips with back of house workers.