Labor and Healthcare
DOL Overtime Rule • Minimum Wage • Healthcare
Drive Safe Act
The Senate approved the bipartisan “Infrastructure Investment and Jobs Act” in August 2021. The legislation includes a pilot program similar to the DRIVE Safe Act (S. 659/H.R. 1745), CDA has long advocated in favor of allowing younger drivers ages 18-21 a path to a Commercial Driver’s License (CDL). This modified version of the DRIVE-Safe Act would establish a Department of Transportation (DOT) driver pilot program to allow younger drivers to operate commercial motor vehicles. The pilot program is limited to 3,000 apprentices at any one time and will conclude in 3 years but will allow the DOT to gather data on the safety records of younger drivers which we believe will provide proof points that will allow expansion of the program. The House will consider the Infrastructure package in the fall.
DOL Overtime Rule
CDA will actively participate in the regulatory process to ensure that any new rules governing overtime pay is fair and equitable for employers.
On May 20, 2020, the Department of Labor announced a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. The final rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor Standards Act. For more information, please visit www.dol.gov/agencies/whd/overtime/fww.
On May 18, 2020, the U.S. Department of Labor announced a final rule to withdraw the partial lists of establishments that lack or may have a “retail concept” under the Fair Labor Standards Act. For more information, please visit www.dol.gov/agencies/whd/overtime/2020-7i.
On December 12, 2019, the U.S. Department of Labor announced a Final Rule that will allow employers to more easily offer perks and benefits to their employees. For more information, please visit www.dol.gov/agencies/whd/overtime/2019-regular-rate.
On September 24, 2019, the U.S. Department of Labor announced a final rule to make 1.3 million American workers eligible for overtime pay. For more information, please visit www.dol.gov/agencies/whd/overtime2019/index.
CDA opposes legislation to increase the minimum wage and urges Congress to oppose such initiatives, which would have a tremendously deleterious impact on the economy. Even the Congressional Budget Office (CBO) stated in their 2021 report that a $15 minimum wage would result in a likely loss of 1.4 million jobs. Likewise, the national deficit was also predicted to increase by $54 billion over the next decade if the wage were raised.
Hiking the minimum wage hurts, the lowest paid workers. The typical minimum-wage employee is young, with few skills and little or no job experience. Higher labor costs mean fewer people get hired, job loss and less working hours.
When the U.S. Supreme Court rejected the latest challenge to the Affordable Care Act (ACA) in June of 2021, it was widely regarded as an end to efforts to dismantle the landmark law.
Republicans were unable to pass a wholesale repeal and replace bill during the Trump administration but were able to repeal the ACA’s individual mandate via H.R. 1, the Tax Cuts and Jobs Act, which was signed into law in late 2017. H.R. 1 eliminated the federal tax penalty for violating the individual mandate, starting in 2019.
The Supreme Court ruled 7-2 in Texas et al. v. California et al. that states don’t have standing to challenge the law’s individual mandate. Now, instead of ‘repeal and replace,’ many lawmakers have begun talking about efforts to ‘expand and improve’ the ACA.