USMCA Moves Forward (Beltway Buzz, December 20, 2019)

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what's happening in Washington, D.C. could impact your business.

USMCA Moves Forward. This week, Congress wrapped a bow on 2019 with some significant legislative accomplishments. For example, on December 19, 2019, the House of Representatives approved the United States-Mexico-Canada Agreement. Next stop is, of course, the Senate. But as the Buzz mentioned last week, the Senate may be preoccupied with the impeachment trial during the first few weeks of January 2020.

Porky Spending Bills Contain Workplace Measures. With gridlock being par for the course for Congress these days, "must pass" spending bills can become a convenient vehicle on which to attach languishing bills. Thus, at the 11th hour this week, Congress agreed to two legislative packages that not only fund the federal government beyond December 20, 2019, but are also chock-full of significant policy changes (such as increasing the age for tobacco use to 21 and authorizing the Export-Import Bank of the United States for another seven years). Of course, the legislation also includes changes that impact employers:

Healthcare Taxes. The legislation permanently repeals three major healthcare taxes that were adopted as part of the Affordable Care Act and have been postponed in the intervening years. This includes permanent repeal of the taxes on so-called "Cadillac" insurance plans and medical devices, as well as the Health Insurance Tax. Retirement. The funding bill includes the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019, which is intended to promote retirement savings by making it easier for employers to offer and administer retirement plans, such as by allowing employers to join "open" multiple-employer plans. Miner Benefits. Finally, the legislation includes the Bipartisan American Miners Act of 2019 (S. 2788), which preserves pension and health benefits for active and retired coal miners. McFerran Departs NLRB. National Labor Relations Board (NLRB) Member Lauren McFerran's term at the Board ended on December 16, 2019. This leaves the Board with three Republican membersChairman John F. Ring, and Members Marvin E. Kaplan and William J. Emanuel. At this time, there is no news on whether McFerran may be renominated. It is suspected that the administration is comfortable with letting the Board operate 3-0 and that filling McFerran's seat...

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