Situational Awareness
Both the House of Representatives and Senate are in session this week. Government funding is set to expire at the end of the week unless lawmakers can pass a spending measure that funds the government through the end of the fiscal year. House GOP lawmakers introduced their own so-called continuing resolution over the weekend, but the House Democrats have already signaled their opposition to the measure. Because a funding bill requires 60 votes in the Senate to pass, lawmakers will need to reach an agreement that can receive bipartisan support.
This week, Republican lawmakers on the House Ways and Means Committee—the lower chamber’s primary tax-writing committee—will huddle to consider what will be included in the tax portion of their broader reconciliation package. Budget reconciliation allows lawmakers to circumvent the Senate’s filibuster rules by requiring only a simple majority to pass certain legislation. President Trump campaigned on getting rid of taxes on tips, overtime pay and Social Security benefits for seniors.
The Senate is scheduled to begin consideration of Lori Chavez-DeRemer’s nomination to serve as Secretary of Labor this afternoon. She could receive a final floor vote on her nomination by the end of the week.
NCA Signs Letter on DOL Overtime Rule
The National Club Association signed onto a letter led by the Partnership to Protect Workplace Opportunity (PPWO) that is addressed to incoming Department of Labor (DOL) Secretary Lori Chavez-DeRemer, Attorney General Pam Bondi and the acting solicitor of labor requesting they abandon the administration’s defense in federal court of the Biden-era overtime rule. Two federal district courts struck down the 2024 final rule, and DOL’s enforcement on overtime exemptions is now guided by a rule finalized by the Trump administration in 2019. Both pending lawsuits have been appealed by the federal government to the U.S. Court of Appeals for the Fifth Circuit–one of the most conservative courts in the US.
Supreme Court Limits EPA Authority Over Wastewater Pollution
The U.S. Supreme Court issued a ruling in City and County of San Francisco v. EPA that narrowed EPA’s ability to regulate how cities and industrial facilities discharge wastewater. The plaintiffs challenged the EPA’s authority under the Clean Water Act (CWA) to include certain restrictions on a National Pollutant Discharge Elimination System (NPDES) permit that don’t identify specific limits to which a permit-holders’ discharges must conform.
The majority opinion clarified that the CWA doesn’t authorize permit conditions that require or prohibit an “end result,” such as contributing to a violation of water quality standards in a receiving waterbody. The basis for this decision was centered on the CWA’s “permit shield” provision, which protects compliant permit-holders from penalties. The majority determined that the permit shield would be undermined if end-result requirements could expose permit-holders to massive penalties.
This decision could result in fewer permit conditions, including those that require permit-holders to conduct regular water quality monitoring. Furthermore, the Supreme Court’s ruling could prompt certain regulatory agencies to remove “free from” conditions, which require a water body be free from pollutants or substances in quantities that would impair its designated uses, from NPDES permits.
Bipartisan Lawmakers Reintroduce PRO Act
Last week, a bipartisan trio of House lawmakers re-introduced H.R. 20, the Richard L. Trumka Protecting the Right to Organize (PRO) Act, a comprehensive legislative package that would expand workers’ collective bargaining rights. The legislation would prevent employers from holding “captive audience meetings,” strengthen the legal right of employees to join a labor union and weaken “right-to-work” laws. The PRO Act also contains a provision that would amend how a worker is classified (i.e. employee versus independent contractor) under the National Labor Relations Act.
House Education & Workforce Committee Ranking Member Bobby Scott (D-Va.), House Minority Leader Hakeem Jeffries (D-N.Y.) and Rep. Brian Fitzpatrick (R-Pa.) are the three lead sponsors of the legislation. The Senate companion was introduced by Senate Health, Education, Labor and Pensions Committee Ranking Member Bernie Sanders (I-Vt.). Following the bill’s re-introduction, the majority staff on the House Education and Workforce Committee published a blog post criticizing the legislation.
When previously serving as a member of Congress, DOL Secretary Nominee Lori Chavez-DeRemer was a lead sponsor of the PRO Act. During her nomination hearing in the Senate, Chavez-DeRemer back-tracked her support for several provisions included in the package.
NLRB Commissioner Reinstated in Decision Overturning Trump Firing
A federal judge on the U.S. District Court for the District of Columbia ruled that President Trump lacked the authority to fire members of the National Labor Relations Board (NLRB), despite their for-cause removal protections. The ruling would allow for Gwynne Wilcox, a Biden-appointed commissioner, to return to the NLRB after she was removed last month. Although Wilcox’s return to the NLRB will restore the board’s three-member quorum and allow it to resume issuing decisions, the Trump administration has appealed the decision.
Webcast: Government Uncertainty: EO’s, Reconciliation, CRA, DOGE… – What Is Going On?
This Thursday, March 13 at 2pm EST, join NCA’s government relations team for an informative webcast to provide some clarity on what has been a whirlwind start to the second Trump Administration and new Congress. Executive Orders, DOGE, and what may be in a tax package impacting clubs are all on the docket for this webcast. We’ll also explore potential backlash to the Trump agenda forming at the state level. Register here.
Enhance Your Leadership Skills and Network at the National Club Conference
Register for the 2025 National Club Conference, April 27-29, in New York City for two-and-a-half days of exciting C-suite level education events and networking opportunities. NCC also includes the Excellence in Club Management® Awards Gala, our annual NCA Golf Tournament, NCA Chair’s Reception and Dinner, and much more.
Learn more and join us by registering here.
