Beltway Buzz, October 1, 2021

Congressional Drama. There was drama this week on Capitol Hill, as Congress juggled 4 main points: funding for the federal authorities, a bipartisan invoice to rebuild our nation’s infrastructure, a $3.5 “human infrastructure” invoice, and the looming debt limit disaster. Here’s what occurred:

  • On September 30, 2021, Congress handed a short-term appropriations invoice to narrowly keep away from a federal authorities shutdown after the Democrats agreed to take away a provision that will have elevated the debt restrict. The invoice continues funding solely via December 3, 2021, so the shutdown risk will resume in only a few weeks. Federal contractors must be cautious.

  • Democrats continued to rethink their technique on the “human infrastructure” invoice (which consists of federal paid go away, provides unfair labor practices and penalties to the Nationwide Labor Relations Act, and will increase fines underneath the Honest Labor Requirements Act and the Occupational Security and Well being Act) after it was revealed that Senator Joe Manchin (D-WV) wouldn’t comply with spend greater than $1.5 trillion. Because the Buzz wrote previously in regards to the invoice, “one Democratic defector could scuttle the whole thing.”

  • Additionally, on September 30, 2021, Speaker Nancy Pelosi (D-CA) delayed a vote within the U.S. Home of Representatives on the bipartisan infrastructure invoice after members of the Congressional Progressive Caucus threatened to tank the invoice in gentle of the uncertainty surrounding the human infrastructure invoice. The Home is scheduled to rethink the bipartisan infrastructure invoice in the present day, October 1, 2021.

  • Absent congressional motion, america will default on its practically $29 trillion national debt obligations by October 18, 2021. Congress made no tangible progress on this challenge this week and—shockingly!—kicked this will down the street.

Steerage on Federal Contractor Vax Mandate. On September 24, 2021, simply after the Buzz was printed final week, the Safer Federal Workforce Job Pressure issued guidance implementing President Biden’s Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” Highlights of the steering embody the next:

  • Coated federal contractor staff should be vaccinated in opposition to COVID-19 by December 8, 2021. (In contrast to the Occupational Security and Well being Administration’s [OSHA] pending COVID-19 emergency short-term customary [ETS], there may be not a testing different.) Lodging could also be out there for workers with disabilities or sincerely held spiritual beliefs.

  • The steering covers “service contracts and contract-like instruments” valued at greater than $250,000, however doesn’t cowl “subcontracts solely for the provision of products.” Necessities of the steering move all the way down to lower-tier subcontracts.

  • The vaccination requirement covers staff “working on or in connection with a covered contract or working at a covered contractor workplace.” This consists of some distant staff and staff who may not even be engaged on or in reference to a coated contract.

  • The steering states that coated contractors topic to OSHA’s forthcoming COVID-19 ETS or “other workplace safety standards” should nonetheless adjust to the COVID-19 protocols set forth within the steering.

NLRB GC: School Athletes Are Workers. On September 29, 2021, Nationwide Labor Relations Board Basic Counsel Jennifer Abruzzo issued a memorandum to regional officers stating that “certain Players at Academic Institutions are employees under the Act and are entitled to be protected from retaliation when exercising their Section 7 rights.” There are another noteworthy factors within the memorandum:

  • Misclassification as a ULP. The final counsel states, “[B]ecause those Players at Academic Institutions are employees under the Act, … I will pursue an independent violation of Section 8(a)(1) of the Act where an employer misclassifies Players at Academic Institutions as student-athletes.”

  • Social Activism is PCA. “Activism concerning … racial justice issues, including openly supporting the Black Lives Matter movement, directly concerns terms and conditions of employment, and is protected concerted activity.”

  • Joint Employer. The memorandum additionally notes that the overall counsel could pursue joint-employer theories of legal responsibility and “will consider pursuing charges against an athletic conference or association even if some member schools are state institutions.”

USCIS Proposes DACA Reg. On September 28, 2021, U.S. Citizenship and Immigration Providers (USCIS) proposed a rule to reinstate and reaffirm the Deferred Motion for Childhood Arrivals (DACA) program after it was enjoined by a federal court in July 2021. The eligibility necessities within the proposed regulation are similar to the necessities of this system created in a June 2012 memorandum from then-secretary of homeland safety Janet Napolitano. By going via the rulemaking course of and in search of public remark, USCIS seeks to reestablish necessary antecedent procedural steps for establishing DACA that the federal court docket discovered have been missing.

COVID-19 Tax Credit score Program Expires. September 30, 2021, was the final day of the federal program that allowed employers to receive tax credits for prices related to voluntarily instituting COVID-19–associated emergency paid sick go away and household go away insurance policies. At the moment, Congress doesn’t look like all for renewing this system.

Remembering Romualdo Pacheco. In honor of Nationwide Hispanic Heritage month, the Buzz shines the highlight on José Antonio Romualdo Pacheco. Born in 1831 to a outstanding household in California whereas the territory was nonetheless a part of Mexico, Pacheco grew to become a politician, statesman, and diplomat within the mid to late 1800s. Pacheco’s political profession started in 1853 at age 22, when he grew to become a choose in San Luis Obispo County. This place helped springboard Pacheco to increased workplace as California’s treasurer, and later, because the state’s lieutenant governor. In 1875, Pacheco grew to become governor of California. He was elected to the U.S. Home of Representatives 3 times within the late 1870s and early Eighteen Eighties. Pacheco is the primary and solely Hispanic particular person to be governor of California, and he was the primary Hispanic particular person to serve within the U.S. Congress.

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