D.C. Coronavirus & Employment Legislation Update August 7

Legislative Reduction Package deal Stalls.

The Buzz lately predicted that negotiations over a fourth COVID-19 legislative reduction package deal could be like an immovable object going through an unstoppable pressure. Sadly, it seems that this prediction is coming true, as our elected officers in Washington, D.C. don’t seem like any nearer to a deal than they have been a number of months in the past. In consequence, President Donald Trump introduced that he’s making ready govt orders regarding a payroll tax reduce, unemployment insurance coverage, and eviction protections. Solely time will inform whether or not these govt orders come to fruition or are merely a tactic to finish the stalemate in Congress.

FFCRA Rule Partially Invalidated.

A number of key provisions of the U.S. Division of Labor’s (DOL) Households First Coronavirus Response Act’s implementing rules have been struck down this week by the US District Courtroom for the Southern District of New York. Erik D. Mass and Burt D. Garland, Jr. have all of the particulars about which provisions have been struck down and what this all means for employers. Sadly, at this level, main questions in regards to the choice—resembling its relevant scope and whether or not the DOL will attraction—stay going ahead.

One other Immigration EO.

On August 3, 2020, President Donald Trump issued an govt order (EO) titled “Govt Order on Aligning Federal Contracting and Hiring Practices With the Pursuits of American Staff.” Following on the heels of the April and June 2020 proclamations, the EO requires govt department businesses to conduct overview of using momentary international staff by federal contractors. Whereas the EO doesn’t create any new obligation for federal contractors themselves, it does additional direct the DOL and the U.S. Division of Homeland Safety (DHS) to take motion inside 45 days “to guard United States staff from any hostile results on wages and dealing circumstances attributable to the employment of H-1B visa holders at job websites (together with third-party job websites).” What this motion would possibly appear like, and its potential impression on authorities contractors, isn’t identified at this level.

Extra Immigration Information.

Along with the federal contractor EO, there have been another immigration coverage developments this week.

First, the DHS issued a last rule that will increase immigration charges that U.S. Citizenship and Immigration Companies imposes by a median of 20 p.c. Andrea C. Davis has extra.

Second, regardless of the efforts of a bipartisan group of senators, the Equity for Excessive-Expert Immigrants Act of 2019 didn’t move by way of a unanimous consent movement within the U.S. Senate this week. The invoice, which overwhelmingly handed the U.S. Home of Representatives in July 2019, would remove the per-country caps for employment-based immigrants.

NLRB Members Confirmed.

Late final week, the U.S. Senate confirmed Marvin E. Kaplan and Lauren McFerran to the Nationwide Labor Relations Board (NLRB). In fact, Kaplan is already a member of the Board, so his affirmation signifies that there received’t be any hole between his new time period and the expiration of his present time period on the finish of August 2020. McFerran rejoins the Board as its sole Democrat after her time period expired in December 2019. Kaplan joins Member William J. Emanuel and Chair John F. Ring within the Republican majority. The remaining fifth seat is prone to go unfilled in the meanwhile.

OFCCP Audit Information.

The Workplace of Federal Contract Compliance Packages (OFCCP) introduced this week that it is going to be beginning Vietnam Period Veterans’ Readjustment Help Act (VEVRAA) centered evaluations. To help federal contractors, OFCCP has created a VEVRAA centered overview web site that incorporates regularly requested questions and finest practices. Christopher J. Close to has the particulars.

Pork Barrel Laws.

It definitely isn’t uncommon for Congress to stew over laws overlaying points of the meat processing trade. However the Processing Revival and Intrastate Meat Exemption (PRIME) Act—launched in 2019—is a invoice that provides some sizzle to those debates, and is very well timed given the way in which the trade has been impacted by the present well being pandemic. It’s because the invoice lifts sure restrictions that prohibit small-size slaughterhouses from promoting on to grocery shops, eating places, and the like. The invoice solely has eight cosponsors within the Senate, however maybe these sponsors can grill their colleagues and reduce via a few of the political gristle to maneuver the invoice. In fact, the lead sponsor of the PRIME Act within the Senate is <ahem> Angus King of Maine. If the invoice passes, Senator King can think about it a job well-done.