WASHINGTON— Rep. Virginia Foxx (R-NC), chairwoman of the Committee on Education and the Workforce, issued the following statement on the passage of H.R. 3354, the Make America Secure and Prosperous Appropriations Act, 2018:
“One of the central roles of Congress is to subject the vast federal bureaucracy to congressional oversight, and decide which programs are effective and which are wasteful.
“Through the appropriations process, the House advanced several policy priorities of the Committee on Education and the Workforce that open doors for students and empower workers, and I am pleased these priorities had the attention of the whole House with this bill.”
Background: H.R. 3354, the Make America Secure and Prosperous Appropriations Act, 2018 advanced several Education and Workforce Committee priorities:
•Protecting funding for committee priorities such as career and technical education programs.
•Preserving proper implementation of the Every Student Succeeds Act to administer Student Support and Academic Enrichment grants from states to school districts by formula.
•Protecting retirement savers by prohibiting the Department of Labor from enforcing the Obama administration’s final fiduciary rule.
•Prohibiting funds to implement or enforce any standard for joint-employer status articulated in the National Labor Relations Board’s (NLRB)’s Regional Director Decision and Direction of Election in BFI, Case 32-RC-109684 (Aug. 16, 2013).
•Prohibiting funds to implement the NLRB’s bargaining unit determinations (“micro unions”) articulated in the Specialty Healthcare majority opinion.
In addition, the House approved an amendment offered by Rep. Walberg (R-MI), chairman of the Subcommittee on Health, Employment, Labor, and Pensions, to prohibit funds to implement the NLRB final rule governing representation-case procedures, or “ambush elections,” under the National Labor Relations Act.
# # # Read more »
The Subcommittee on Workforce Protections, chaired by Rep. Bradley Byrne (R-AL), and the Subcommittee on Health, Employment, Labor, and Pensions, chaired by Rep. Tim Walberg (R-MI), today held a joint legislative hearing to examine H.R. 3441, the Save Local Business Act.
“To most Americans, the question over who their employer is seems to be an obvious answer. It’s the person who hired them, the one who signs their paycheck,” Chairman Byrne said. “As a former labor attorney, I can tell you it used to be very clear in legal terms how you become someone’s employer. But that’s no longer the case since the National Labor Relations Board stepped in.”
“It’s time to settle once and for all what constitutes a joint employer — not through arbitrary and misguided NLRB decisions and rulings by activist judges — but through legislation," Chairman Walberg added.
Members heard from Tamra Kennedy, a business owner who started out as a secretary for a local Taco John’s and went on to own several of her own restaurants. Kennedy expressed her concern that the rule may rob her of the success and independence she worked so hard to achieve.
“After two years operating under the expanded joint employer standard, the impact on my business is clear: joint employer means I must pay more to run my business, and earn less in return, all while worrying if the unclear joint employer liability rule will continue to erode my autonomy to run my business,” Kennedy said.
“I may lose my freedom to make decisions for my own business, and eventually, my entire business,” she continued. “When you’ve worked your way up from the bottom like I have, you don’t like to see anyone knock you back down. It’s time we clear up the confusion of joint employer for local business owners and all of those depending on us, and I am confident that the Save Local Business Act does just that.”
Granger MacDonald, a second-generation home builder from Kerrville, TX, explained the importance of contracting in his industry, and how the joint employer scheme limits the ability to contract with other companies.
“Without [contractors], my company and many other family-owned home building firms like it would simply cease to be viable operations,” MacDonald said. But “simply by applying responsible everyday business practices, we could still be held accountable for the labor and employment practices of third-party vendors, suppliers, and contractors over whom we have no direct control.”
MacDonald added that the joint employer threat over contracting undermines the housing market recovery.
“Congress should consider policies that support a continued housing recovery, starting with undoing the harmful precedent set by the NLRB’s expanded joint employer doctrine and other policies that reduce labor market flexibility,” he said. Read more »
On Wednesday, September 13, at 10 a.m., the Subcommittee on Workforce Protections and Subcommittee on Health, Employment, Labor and Pensions will hold a joint legislative hearing on H.R. 3441, the Save Local Business Act. The hearing will take place in room 2175 of the Rayburn House Office Building.
Introduced by Rep. Bradley Byrne (R-AL), the Save Local Business Act would roll back the Obama-era joint employer scheme and reestablish the commonsense understanding of what it means to be an employer. The legislation reaffirms that two or more employers must have “actual, direct, and immediate” control over employees to be considered joint employers.
Witnesses
Mr. Zachary D. Fasman
Partner
Proskauer Rose LLP
New York, NY
Ms. Tamra Kennedy
President
Twin Cities T.J.'s, Inc.
Roseville, MN
Mr. Granger MacDonald
CEO
MacDonald Companies
Kerrville, TX
Mr. Michael Rubin, JD
Partner
Altshuler Berzon LLP
San Francisco, CA
For more information and to view a live webcast, click here.
# # #
Read more »
Rep. Virginia Foxx (R-N.C.), chairwoman of the Committee on Education and the Workforce, today announced that Rob Green has joined the Committee staff as Workforce Policy Director.
Chairwoman Foxx said, “Rob is a longtime friend of this Committee, and we’re all familiar with his energetic and creative perspective on workforce policy. With his diverse experiences in Member offices, outside advocacy organizations, and his previous work at this Committee, Rob is a natural fit to help us move forward and foster the best opportunities for workers to succeed. It’s a pleasure to welcome Rob back to the Education and Workforce Committee.”
Green returns to the Education and Workforce Committee after more than fifteen years in business advocacy. Prior to his work with the National Council of Chain Restaurants, the National Retail Federation, and the National Restaurant Association, Green served as workforce policy staff at the Education and Workforce Committee and in management and legislative roles for several Members of Congress.
Read more »
The Committee on Education and the Workforce, chaired by Rep. Virginia Foxx (R-NC), today held a hearing to examine the sharing economy and consider how it relates to our nation’s workforce policies. Read more »
On Wednesday, September 6, at 10:00 a.m., the Committee on Education and the Workforce, chaired by Rep. Virginia Foxx (R-NC), will hold a hearing to examine the sharing economy and policies relating to this emerging workforce. The hearing will take place in room 2175 of the Rayburn House Office Building. Read more »
Rep. Virginia Foxx (R-NC), chairwoman of the Committee on Education and the Workforce, and Rep. Bradley Byrne (R-AL), chairman of the Subcommittee on Workforce Protections, issued the following joint statement after the Office of Management and Budget rescinded changes to the EEO-1 form. Read more »
Rep. Virginia Foxx (R-NC), chairwoman of the House Committee on Education and the Workforce, and Rep. Tim Walberg (R-MI), chairman of the Subcommittee on Health, Employment, Labor, and Pensions, issued the following joint statement after the Senate confirmed Marvin Kaplan to fill one of two vacant seats on the National Labor Relations Board. Read more »
Rep. Virginia Foxx (R-NC), chairwoman of the House Committee on Education and the Workforce, and Rep. Bobby Scott (D-VA), ranking member of the House Committee on Education and the Workforce released the following joint statement praising the passage of juvenile justice reforms by the United States Senate. Read more »
