Employment, Television, Paris Climate Agreement, Obamacare, Drug Sentencing, Impeachment, Small Business

News from our Elected Officials

Coons, Isakson, Kaine, Portman introduce bill to help unemployed Americans find good jobs, call for swift Senate passage
Source: Senator Tim Kaine (D-VA)
November 14, 2019
U.S. Senators Chris Coons (D-Del.), Johnny Isakson (R-Ga.), Tim Kaine (D-Va.), and Rob Portman (R-Ohio) introduced legislation to help more unemployed Americans reenter the workforce. The Building on Reemployment Improvements to Deliver Good Employment (BRIDGE) for Workers Act would give states more flexibility in administering existing unemployment benefits to help more Americans find good-paying jobs.

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Sen. John Kennedy (R-La.) Urges VH1 To Cancel Television Series Glorifying Work Of Drug Cartels
Source: Senator John Kennedy (R-LA)
November 14, 2019
U.S. Sen. John Kennedy (R-La.) asked VH1 to cancel Cartel Crew, which glorifies the lives of people with ties to the worst drug lords in history. The latest cast addition is Emma Coronel Aispuro, who is married to the now imprisoned leader of the Sinaloa Cartel.

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King Continues to Stress Need for U.S. to Reenter Paris Climate Agreement
Source: Senator Angus S. King Jr. (I-ME)
November 14, 2019
U.S. Senator Angus King (I-Maine) advocated for the United States to reassert its global leadership on climate issues and rejoin the Paris Climate Agreement. Senator King’s comments came during a hearing in the Senate Energy and Natural Resources Committee featuring testimony from current Acting Secretary of Energy Dan Brouillette, nominee to be the Secretary of Energy.

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Senator Lankford Reintroduces Bill to Remove Obamacare Ban on Physician-Owned Hospitals to Provide Greater Access to Patients
Source: Senator James Lankford (R-OK)
November 14, 2019
Senator James Lankford (R-OK) today reintroduced the Patient Access to Higher Quality Health Care Act, which removes the Affordable Care Act’s (ACA) ban on the creation and expansion of new physician-owned hospitals (POHs) and allows POHs to participate in Medicare and Medicaid. Lifting this ban will increase competition among hospitals, lower costs, and expand access to quality care for more Americans, especially those with Medicare and Medicaid.

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Sens. Lee, Durbin Introduce Smarter Sentencing Act
Source: Senator Mike Lee (R-UT)
November 14, 2019
“Our current federal sentencing laws are out of date and often counterproductive,” said Sen. Lee. “The Smarter Sentencing Act is a commonsense solution that will greatly reduce the financial and, more importantly, the human cost imposed on society by the broken status quo. The SSA will give judges the flexibility and discretion they need to impose stiff sentences on the most serious drug lords and cartel bosses, while enabling nonviolent offenders to return more quickly to their families and communities.”

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Democrats Focus on Impeachment Instead of Defense Funding
Source: Senator Mitch McConnell (R-KY)
November 14, 2019
“We want to pass the USMCA and the 176,000 new American jobs it would create. But Speaker Pelosi continues to block it. The far left objects to their passing anything the president likes.”

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McSally Introduces Bills to Help Small Businesses Contract with the Federal Government
Source: Senator Martha McSally (R-AZ)
November 14, 2019
“With small businesses comprising over 99 percent of our country’s businesses, our economy depends on their success,” McSally said. “When Arizona small business owners told me they were being forced to shoulder the cost of federal work for up to a month, I knew Congress had to act. Small businesses rely on quick, reliable payments so they can in turn pay their staff and fund new ventures. My bill speeds up payment processing times so that small businesses can continue to serve as the backbone of our economy.”

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Jobs and Employment

Today's News about Jobs and Employment Issues

VAN HOLLEN, LEE CALL ON OPM TO RESCIND POTENTIAL NEW HIRING RULES
Source: Senator Chris Van Hollen (D-MD)
April 24, 2019
U.S. Senators Chris Van Hollen (D-Md.) and Mike Lee (R-Utah) have written to the Office of Personnel Management (OPM) Acting Director Margaret Weichert urging her to revoke the current Notice of Proposed Rulemaking 84 FR 5733, which would expand the seven-year criminal background check lookback to include participation in any pretrial diversion or intervention programs.

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Bill to Permanently Extend Work Opportunity Tax Credit Introduced

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by: Tom Rice (R-SC, 7th)

Washington, D.C. - April 16, 2019 - (The Ponder News) -- Representatives Tom Rice (R-SC), Mike Thompson (D-CA), Tom Reed (R-NY), Bill Pascrell (D-NJ), and Tom Suozzi (D-NY) announced the introduction of H.R. 2213, a bill that permanently extends the Work Opportunity Tax Credit (WOTC).

“With more jobs available than those seeking employment across the country, we need to bring people from the sidelines of the economy into the workforce,” said Rep. Rice. “Making the Work Opportunity Tax Credit permanent will incentivize employers to hire and retain people who have been struggling to find long-term, meaningful employment opportunities.”

“For more than two decades, the Work Opportunity Tax Credit has proven to be highly effective in ensuring individuals on public assistance can make the transition to private sector jobs. In fact, since the program’s enactment, thirteen million people have benefitted, in turn reducing federal and state government spending,” said Rep. Thompson. “The tax credit is set to expire at the end of this year and I’m proud to introduce my bill to permanently extend this bipartisan, cost-effective program.”

“We care about rewarding work and ensuring everyone has a fair shot to provide for themselves and their families,” said Rep. Reed. “Providing incentives for employers to hire people stuck on the sidelines who have trouble finding a job is essential for many folks in their pursuit of the American dream.”

“I have long advocated for the WOTC program to continue, as it is a proven tool to move eligible individuals off of unemployment and into the workforce,” said Rep. Pascrell. “Most recent data shows the program is remarkably effective, with more than 140,000 veteran hires under WOTC in 2016. Paired with my previous legislation that passed into law in 2015, this bill will allow long-term unemployed individuals, veterans, and those on public assistance programs to find gainful employment and grow our economy.

“The Work Opportunity Tax Credit has long provided veterans and individuals from disadvantaged groups support in their search for sustainable employment,” said Rep. Suozzi. “I’m proud to co-sponsor the permanent renewal of this bipartisan program to both ensure diversity in the workplace and facilitate access to good jobs for hardworking Americans.”

Chairman Scott Statement on March Jobs Report

by: House Committee on Education and the Workforce

Washington, D.C. - April 5, 2019 - (The Ponder News) -- Chairman Bobby Scott (VA-03) issued the following statement after the Bureau of Labor Statistics announced that the economy added 196,000 jobs in March and the unemployment rate held at 3.8 percent.

“Today’s jobs report continues to show that despite steady job growth, wages are barely keeping pace with inflation. It is another reminder that Congress must take bold action to lift millions of workers out of poverty to help build a thriving middle class.

“The Raise the Wage Act would gradually increase the minimum wage to $15 by 2024, which would increase the pay and standard of living for nearly 40 million workers across this country. Raising the minimum wage is not only good for workers, it is good for businesses, and good for the economy. When we put money in the pockets of American workers, they will spend that money in their communities.

“Just last week, new polling data revealed that voters across the political spectrum and around the country support gradually raising the federal minimum wage to $15. After 10 years with no increase in the minimum wage, it is past time to listen to the American people, boost workers’ paychecks, and stimulate economic growth by passing the Raise the Wage Act.”

Donald Trump Talking Figure - says 17 Different Audio Lines in Trump's Own Voice - Loaded with His Funniest and Most Memorable Quotes - Beautifully Sculpted - Includes Batteries - Collectible

New Economy Works to Guarantee Independence and Growth (NEW GIG) Act Introduced in the House

Source: Tom Rice (R-SC, 7th)




Washington, D.C. - October 30, 2017 (The Ponder News) -- Congressman Tom Rice (R-S.C.) today introduced the New Economy Works to Guarantee Independence and Growth (NEW GIG) Act, legislation that clarifies provisions in the tax code that classify workers as either independent contractors or employees. Right now, freelance-style workers are often left struggling to understand the complicated and subjective tax code as it applies to their style of work. The NEW GIG Act creates a safe harbor that allows workers to comply with a simple set of objective factors to be classified as an independent contractor, creating simplicity and continuity instead of complex rules. The bill also strengthens tax reporting requirements for independent contractors in order to reduce confusion and promote greater compliance. Senator John Thune (R-S.D.) introduced companion legislation in the Senate earlier this year.

“America is the land of opportunity and ‘gig-economy’ jobs are helping expand that opportunity for people in South Carolina and all across the country,” said Congressman Rice. “Now people can go on their phones and be hired for home maintenance repairs or ride-sharing services almost instantly. The NEW GIG Act serves to bolster this booming sector of our economy while reducing the complexity in worker classification that exists today. I look forward to working with Senator Thune and the stakeholders in the on-demand community to further improve this area of the tax code and provide these workers certainty.”

“Today’s fast-growing ‘gig economy’ has made it easier for people to offer unique services, like home repair and cleaning, child care, food delivery, or ride sharing, through easy-to-use mobile applications that can be opened with a simple swipe of a finger,” said Senator Thune. “While these gig economy companies have created thousands of new jobs, they’ve also faced new challenges when it comes to how the service providers are classified by the IRS. I’m pleased to have a strong partner in Rep. Rice to help move this legislation that would provide clear rules so on-demand workers can work as independent contractors with the peace of mind that their tax status will be respected by the IRS.”

The bill would create a safe harbor based on objective tests, which if satisfied, would ensure that the service provider (worker) would be treated as an independent contractor, not an employee, and the service recipient (customer) would not be treated as the employer. In the context of the gig economy where an internet platform or app facilitates the transactions and payments, that third party would also not be treated as the employer.

Objective Tests:
The safe harbor focuses on three areas that are intended to demonstrate the independence of the service provider from the service recipient and/or the payer based on objective criteria, rather than a subjective facts-and-circumstances analysis:

(1) The relationship between the parties (e.g., job-by-job arrangement, the service provider incurs his own business expenses, the service provider is not tied to a single service recipient);
(2) The location of the services or the means by which the services are provided (e.g., the service provider has his own place of business, does not work exclusively at the service provider’s location, provides his own tools and supplies); and
(3) A written contract (e.g., stating the independent-contractor relationship, acknowledging that the service provider is responsible for his own taxes, providing the service recipient’s reporting and withholding obligations).

Safe Harbor Only
Given that the safe harbor is based on objective criteria, it may not apply in every case. However, the bill would preserve the common law rules for worker classification as well as the special rules under current law that permit real estate agents and direct sellers to qualify as independent contractors.

Reporting Rules
The amount paid to the service recipient under the safe-harbor would be reported to the IRS. For gig economy arrangements – three party transactions – the payer would report payments over $1,000 on IRS Form 1099-K (with the option of reporting amounts below that level). For traditional independent-contractor relationships, the service recipient would follow the existing reporting rules and file a Form 1099-MISC showing the amount paid to the service provider. The bill would update the reporting rules to require reporting of payments totaling $1,000 or more in a year, up from $600 under current law. To qualify for safe harbor, the bill would require the service recipient (or payer in the gig-economy model) to withhold a limited amount of the payments made, which would be deposited with the IRS and treated like an estimated tax payment by the service provider.

Retroactive Reclassification
The bill addresses cases where service providers or service recipients (or payers) mistakenly believe they qualify for the safe harbor but fail to meet one or more of the requirements. As long as there is a good faith effort to comply with the requirements of the safe harbor, the bill would provide relief and only allow the IRS to reclassify the service provider as an employee and the service recipient (or payer) as the employer on a prospective basis.

Tax Court Jurisdiction
Under current law, only the service recipient may petition the tax court regarding misclassification of workers. The bill would expand current law to allow the service provider to bring such a case as well.

FERGUSON, BONAMICI INTRODUCE LEGISLATION TO PROMOTE WORK-BASED LEARNING

Source: A. Drew Ferguson (R -GA, 3rd)



Congressman Drew Ferguson (R-Ga.) has introduced the PARTNERS Act with Congresswoman Suzanne Bonamici (D-Ore.). This bill would establish a grant program to promote local partnerships to help small and medium sized businesses develop work-based learning programs. Funding for this grant would come from fees collected for H1-B visas.

“The Central Education Center in Newnan led Georgia by implementing an innovative style of apprenticeship that prepares our young people for 21st century careers,” said Ferguson. “I am introducing this bill to allow workers across the nation to have access to work-based training. The United States needs a workforce that’s competitive on the world stage, but we must also face the stark realities of our current fiscal situation. By using H1-B visa fees to fund a direct path into the workplace, we can ensure workers receive the skills for success at no cost to the American taxpayer.”

“When I visit communities in my district, I hear from hard-working Oregonians who feel left behind because they do not have the skills they need to compete in today’s economy,” said Bonamici. “Our bipartisan PARTNERS Act will bring together employers, education, training, labor, and community-based organizations to develop work-based learning programs that benefit workers and rapidly growing sectors like health care and technology. We can build pathways to get more people back to work and provide our nation’s businesses with a skilled workforce that will improve productivity and efficiency.”

The bill has received support from the National Skills Coalition, Metro Atlanta Chamber of Commerce and Georgia Business Leaders United (BLU).

National Skills Coalition issued the following statement from Kermit Kaleba, Federal Policy Director

“National Skills Coalition (NSC) enthusiastically supports the bipartisan Promoting Apprenticeship with Regional Training Networks for Employers Required Skills (PARTNERS) Act of 2017. The bill would support partnerships between businesses and local workforce stakeholders that enable small- and medium- sized employers to develop and expand apprenticeships and work-based learning programs.”

“Small- and medium-sized businesses often lack the infrastructure to establish apprenticeships or work-based learning programs on their own. Industry and sector partnerships can help lessen the burdens businesses face when starting or expanding work-based learning programs, like apprenticeships, and help workers access and succeed in these programs.”

“Work based learning, including apprenticeship, is good for both working people and local businesses. For companies in desperate need of workers, work-based learning immediately puts motivated hires on site. Working people obtain market-driven skills and can “earn while they learn.”

“NSC applauds Representatives Suzanne Bonamici (D-OR) and Drew Ferguson (R-GA) for introducing this bipartisan bill.”

Southwest Flight Attendant Files Lawsuit for Union Retaliation for Criticizing Union Boss Political Stances

Source: National Right to Work Legal Defense Foundation

Dallas, TX - October 10, 2017 (The Ponder News) -- With free legal aid from National Right to Work Legal Defense Foundation staff attorneys, a fired Southwest Airlines flight attendant sued her ex-employer and union officials on September 14, 2017, after voicing her views on abortion, supporting a National Right to Work law, and opposing union officials’ leadership. Charlene Carter has filed a court complaint against Transport Union Workers of America (TWUA) Local 556 and Southwest Airlines as well as Equal Opportunity Employment Commission employment discrimination charges against Southwest Airlines and Local 556.

Charlene Carter is a Christian who believes her faith requires that she spread her pro-life message. As a Southwest employee, Carter joined Local 556 in September 1996. She resigned her membership in September 2013 after learning that her union dues were going towards causes that violate her conscience.

As is her right, Carter dropped union membership but was still forced to pay fees to Local 556 as a condition of her employment. State Right to Work laws do not protect her from forced union fees because airline and railway employees are covered by the federal Railway Labor Act (RLA). The RLA allows union officials to have a worker fired for refusing to pay union dues or fees.

Carter often directly messaged the president of Local 556 with criticisms of the union’s leadership and political stances. Carter never had any communication from Southwest, from the union, or the union president that such speech was contrary to the terms of her employment. That changed in 2017, when after several years of dissatisfaction with union officials, Carter criticized the union for supporting abortion and voiced support for National Right to Work legislation that would end the requirement that she pay forced union fees to a union that advocates against positions about which she feels strongly.

A labor dispute amongst Local 556 members began in 2012 and lasted more than five years concerning the legitimacy of the Local 556 Executive board. Two members of the board were removed after their opponents filed misconduct claims against them. Under union bylaws, two candidates from the losing party were nominated to fill the vacant positions. Audrey Stone of the losing party was elected president by the newly installed executive board.

Over the next two years, more than 90 employees opted out of union membership in response to what they saw as an improper power grab. The election was again contested via a Department of Labor complaint, but that complaint was eventually dismissed by Labor Department officials. Through 2016, over 7,000 signatures were collected for a recall of Stone but the union executive board dismissed this petition as well.

In January 2017, Carter found out that Stone and other Local 556 officials probably used union dues to attend the “Women’s March on Washington DC” which showed support for several political positions she opposed, including abortion and funding for the abortion provider, Planned Parenthood.

Carter posted in various Facebook groups for Southwest flight attendants and sent a personal message to President Stone, explaining why she was upset her money was going towards causes she did not support. These complaints garnered no response from either the union or Southwest. But then, Carter sent Stone another e-mail exclaiming her support for a National Right to Work bill.
Only six days after sending Stone that e-mail, Carter received notification from Southwest managers that they needed to have a mandatory meeting as soon as possible in regards to “Facebook posts they had seen.” During this meeting, Southwest presented Carter screen shots of her pro-life postings. Southwest bosses questioned why she sent these messages, despite Carter explaining her beliefs. Southwest authorities said that Stone claimed to be harassed by these messages.

A week after this meeting, Carter was fired from her job. Southwest said she violated its “Workplace Bullying and Hazing Policy” and its “Social Media Policy” by sharing her pro-life beliefs because her message was “highly offensive in nature.” Carter had never previously received any discipline in her 20 year career with Southwest.

As Carter’s legal filings document, this explanation lacks any credulity. Throughout the five year labor dispute over the TWUA Local 556 executive board, supporters of Stone routinely encouraged violence, used vulgarities, and even sent death threats towards their fellow Southwest employees and union members who opposed Stone. Yet none of them have been fired for their offensive language, apparently because they had the right politics and supported the union brass.

“This case shows the extent to which union officials will wield their power over employers to violate the rights’ of the workers they claim to represent,” said Mark Mix president of the National Right to Work Foundation. “Charlene Carter did nothing wrong. She merely voiced her opinion and opposition to her money being used for causes she opposes, expressing her protected religious beliefs. Southwest and TWUA union officials need to be held accountable for violating Charlene’s rights and the National Right to Work Foundation is pleased to help her stand up to this campaign of harassment.”

Brady Statement on September 2017 Jobs Report

Source: House Ways and Means Committee

Washington, D.C. - October 9, 2017 - (The Ponder News) -- House Ways and Means Committee Chairman Kevin Brady (R-TX) released the following statement in response to the Labor Department’s September 2017 jobs report:

“It’s clear from this jobs report that Hurricanes Harvey and Irma not only devastated communities in Texas and Florida, they devastated their local economies as well. Record-high flooding, wind gusts, and power outages kept thousands of Americans from going to work and earning a paycheck – money they desperately need to recover from these disasters,

“As Congress and President Trump continue working to help those hurt by recent hurricanes regain their strength, we’re also taking action on transformational tax reform that will grow our economy and help Americans of all walks of life. By passing a budget that paves the way for tax reform, the House took a major step yesterday toward creating more jobs, fairer taxes, and bigger paychecks. In the weeks ahead, the Ways and Means Committee will move forward with pro-growth, pro-middle-class tax reform legislation that Congress will ultimately send to the President’s desk this year, for the first time in 31 years.”

Note: The U.S. Department of Labor reported today that the economy lost 33,000 jobs in September and the unemployment rate was 4.2 percent. The jobs report covers the 50 states and District of Columbia, but not Puerto Rico or the U.S. Virgin Islands.

Bill Introduced to Protect Jobs for Americans and Legal Workers

Source: Ken Calvert (R-CA, 42nd)



Washington, D.C. - September 12, 2017 (The Ponder News) -- Congressman Ken Calvert (CA-42), Congressman Lamar Smith (TX-21), and House Judiciary Committee Chairman Bob Goodlatte (VA-6) introduced the Legal Workforce Act (H.R. 3711) to preserve jobs for citizens and legal workers by requiring U.S. employers to check the work eligibility of all future hires through the E-Verify system.

“Mandatory E-Verify is long overdue,” said Rep. Calvert. “The program is ready to go mandatory and the Legal Workforce Act will deliver on the promise to ensure that American jobs go to American workers and those authorized to work in the U.S. Chairman Smith and Chairman Goodlatte continue to demonstrate tremendous leadership in advancing the use of E-Verify and protecting American workers.”

In 1996, Rep. Calvert authored the legislative language that created the E-Verify program, the only tool available for employers to voluntarily check the legal work status of newly hired employees. Since then, Rep. Calvert has worked steadily over the years to expand E-Verify and pushed to make it mandatory.

E-Verify is operated by U.S. Citizenship and Immigration Services (USCIS), E-Verify checks the social security numbers of newly hired employees against Social Security Administration and Department of Homeland Security records to help ensure that they are genuinely eligible to work in the U.S. The program quickly confirms 99.8% of work-eligible employees and takes less than two minutes to use. Nearly 740,000 American employers currently use E-Verify. A summary of key components of the Legal Workforce Act can be found here here.

Donnelly, Collins Reintroduce 40 Hours is Full Time Act

Source: Senator Joe Donnely (D - IN)

Washington, D.C. - September 9, 2017 (The Ponder News) -- To protect American workers, U.S. Senators Joe Donnelly (D-IN) and Susan Collins (R-ME) announced the reintroduction of their Forty Hours is Full Time Act, which would change the definition of a “full-time employee” under the Affordable Care Act to someone who works an average of 40 hours per week.

Employers across our country continue to make decisions to cut employees’ hours due to how the health care law currently defines a “full-time employee” – as someone who works an average of 30 hours per week. Employers are making the law’s 30-hour standard part of their business planning, and as a result, employers nationwide are cutting their workers’ hours to 29 hours a week or fewer. The bipartisan legislation would help employees impacted by the current definition of a full-time worker and allow employers to better plan for the future by using the more commonly accepted definition of “full time”: someone who works 40 hours.

Donnelly said, “I believe that we can work together to fix issues with the health care law and improve our health care system. I have heard from part-time workers across many industries, like school cafeteria managers to grocery store employees to adjunct professors at colleges, that have seen their hours cut to comply with the health care law. In Indiana, common sense holds that a full-time employee is someone who works an average of 40 hours a week, and the health care law should reflect that. I’m proud to partner with my friend and colleague Senator Collins to reintroduce the Forty Hours is Full Time Act, and I am hopeful the Senate will consider this bipartisan bill soon.”

Collins said, “Our legislation is very straightforward and would remedy a serious flaw in the Affordable Care Act that is causing workers to have their hours reduced and their pay cut. The law creates a perverse incentive for businesses to cut their employees’ hours so they are no longer considered ‘full time.’ Our concerns are not hypothetical: thousands of employers across our country are cutting work hours or staffing levels as a result of the law. The employees affected by this rule aren’t limited to any one sector. In Maine, I have heard from school employees, restaurant staff, seasonal employees, home care nurses, municipal workers, and many more. Our goal is simple. We want to protect part-time workers from having their hours reduced and their paychecks cut because of the illogical definition of full-time work in this law.”

The Forty Hours is Full Time Act that was reintroduced this week is the same legislation that Collins and Donnelly first introduced in June 2013 and again in 2015.