MCAA Government Affairs Update for November 25, 2024: The Latest Developments Impacting Our Industry

As part of its ongoing commitment to protecting your livelihood and setting the stage for a bright future, MCAA has secured the services of Longbow Public Policy Group to advise our MCAA Government Affairs Committee (GAC). GAC Chair, Jim Gaffney will be passing along information relative to our industry on a regular basis.

On Monday, November 25, 2024 MCAA Lobbying Firm, Longbow Public Policy Group provided the following information:

Trump Administration Appointments 

Cabinet, Independent Agency, and White House Staff Picks

Over the last two weeks, President-elect Trump announced nominees for his incoming Cabinet, for independent federal agencies, and for positions on his White House staff. For his Cabinet, Trump has selected: (1) Liberty Energy CEO Chris Wright as Energy Secretary; (2) former Rep. Lee Zeldin (R-NY) as EPA Administrator; (3) North Dakota Gov. Doug Burgum (R) as Interior Secretary and “Energy Czar”; (4) Fox News host and former Rep. Sean Duffy (R-WI) as Transportation Secretary; (5) Trump transition co-chair Howard Lutnick as Commerce Secretary; (6) Robert F. Kennedy, Jr. as Health and Human Services Secretary; (7) South Dakota Gov. Kristi Noem as Homeland Security Secretary; (8) Former Florida Attorney General Pam Bondi for U.S Attorney General following the withdrawal of former Rep. Matt Gaetz from consideration; (9) Fox News host Pete Hegseth as Defense Secretary; (10) former Rep. Tulsi Gabbard (D) as Director of National Intelligence; (11) Sen. Marco Rubio (R-FL) as Secretary of State; (12) Rep. Elise Stefanik as Ambassador to the United Nations; (13) former Trump Director of National Intelligence John Ratcliffe as CIA Director; (14) Trump transition co-chair Linda McMahon as Education Secretary; and (15) former Rep. Doug Collins (R-GA) as Veterans Affairs Secretary.

Teamsters President Sean O’Brien is also urging Trump to consider GOP Rep. Lori Chavez-DeRemer (who recently lost re-election to Oregon’s 5^th Congressional District) as his next Labor Secretary. It is confirmed that she will be interviewed for the job, but there are still several candidates for this position. 

For independent agencies, Trump has nominated: (1) Federal Communications Commission (FCC) member Brendan Carr to be the next FCC Chair; and (2) TV doctor and former Pennsylvania Republican U.S. Senate candidate Dr. Mehmet Oz to be the next Administrator of the Centers for Medicare and Medicaid Services. 

With regard to senior White House staff, Trump announced that: (1) his campaign manager, Susie Wiles, will serve as White House Chief of Staff; (2) campaign and former Trump White House aide Stephen Miller will serve as Deputy Chief of Staff for Policy; (3) former Acting Immigration and Customs Enforcement head Tom Homan will serve as “Border Czar”; (4) James Braid will serve as White House Director of Legislative Affairs; (5) William McGinley will serve as White House Counsel; (6) longtime Trump aide Dan Scavino will serve as Assistant to the President and Deputy Chief of Staff; (7) James Blair will serve as Deputy Chief of Staff for Legislative, Political, and Public Affairs; (8) Taylor Budowich will serve as Deputy Chief of Staff for Communications and Personnel; (9) Sergio Gor will serve as the head of the White House Personnel Office; (10) Trump campaign communications director Steven Cheung will serve as White House Communications Director; (11) Trump campaign spokesperson Karoline Leavitt will serve as White House Press Secretary; (12) Trump attorney Will Scharf will serve as White House Staff Secretary; (13) Rep. Mike Waltz (R-FL) will serve as National Security Advisor; and (14) tech entrepreneurs Elon Musk and Vivek Ramaswamy will serve as the co-heads of the newly-created Department of Government Efficiency. 

Congress

Senate Republican Leadership Elections for the 119^th Congress

On November 13^th, Senate Republicans held their leadership elections for the 119^th Congress and elected: (1) Senate Minority Whip John Thune (R-SD) as the next Senate Majority Leader; (2) Senate GOP Conference Chair John Barrasso (R-WY) as the next Senate Majority Whip; (3) Sen. Tom Cotton (R-AR) as the next Senate GOP Conference Chair; (4) Sen. Shelley Moore Capito (R-WV) as GOP Policy Committee Chair; (5) Sen. James Lankford (R-OK) as GOP Conference Vice Chair; and (6) Sen. Tim Scott (R-SC) as Chair of the National Republican Senatorial Committee. During a press conference following his election, incoming Senate Majority Leader Thune also said that the Senate filibuster will remain in place under the Republican Senate majority. 

Senate Committee Leadership for the 119^th Congress

As lawmakers look to the 119^th Congress, Sen. Bill Cassidy (R-LA) announced on November 14^th that he will serve as the next Chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee next Congress after serving as the Ranking Member during the 118^th Congress. Cassidy’s announcement followed a statement earlier that day from Sen. Rand Paul (R-KY) that he would not pursue the chairmanship on the Senate HELP Committee and would instead become chair of the Senate Homeland Security and Governmental Affairs Committee. 

In other Senate committee news of interest to MCAA: (1) Sen. Ted Cruz (R-TX) will be the incoming chair of the Senate Commerce Committee after serving as the Ranking Member during the 118^th Congress; (2) Sen. Mike Lee (R-UT) will be the incoming chair of the Senate Energy and Natural Resources Committee; and (3) Sen. Susan Collins (R-ME) will be the incoming chair of the Senate Appropriations Committee after serving as the Ranking Member during the 118^th Congress. 

House Republican Leadership Elections for the 119^th Congress

On November 13^th, House Republicans held their leadership elections and nominated Speaker Mike Johnson (R-LA) for another term in the 119^th Congress. The House GOP Caucus filled out its leadership nominations with: (1) Rep. Steve Scalise (R-LA) as House Majority Leader; (2) Rep. Tom Emmer (R-MN) as House Majority Whip; (3) Rep. Lisa McClain (R-MI) as GOP Conference Chair; (4) Rep. Blake Moore (R-UT) as GOP Conference Vice Chair; and (5) Rep. Richard Hudson (R-NC) as Chair of the National Republican Congressional Committee. After the leadership elections, House Republicans announced a deal on rules for the 119th Congress that will raise the threshold for triggering a vote to remove the Speaker to nine members, up from the current one member threshold. In exchange, centrist Republicans agreed to drop their efforts to punish members who defied leaders and the will of the conference.

In addition to nominating leadership positions, last Wednesday, House Republicans named the members of the GOP Steering Committee, which holds power to set most House GOP committee assignments and to select committee chairs. Louisiana is going to be a powerful voting bloc, holding seven of the 37 Steering Committee votes with Speaker Mike Johnson (R-LA) wielding four votes, House Majority Leader Steve Scalise (R-LA) wielding two votes, and Rep. Julia Letlow (R-LA) having one vote. Among the committees with contested races for Chair that the Steering Committee will decide are the battle to lead the House Education and the Workforce Committee and the fight to chair the House Energy and Commerce Committee. Rep. Burgess Owens (R-UT) is currently viewed as having the edge over Rep. Tim Wahlberg (R-MI) to be the next chair of House Education and the Workforce, while Reps. Brett Guthrie (R-KY) and Bob Latta (R-OH) are the leading contenders to chair House Energy and Commerce. Additionally, because she is term-limited atop the Education and Workforce Committee, Rep. Virginia Foxx (R-NC) (who is vehemently anti-union) could seek to chair the House Rules Committee in the 119^th Congress. The Rules Committee Chair is selected by the House Speaker, and not the Steering Committee. Rep. Pete Sessions (R-TX), who chaired the House Rules Committee from 2013 to 2018, is also in the mix to potentially reclaim the Rules Committee gavel in the 119^th Congress. 

House Democrat Leadership Elections 

On November 19^th, House Democrats held their leadership elections and nominated: (1) Rep. Hakeem Jeffries (D-NY) as House Minority Leader; (2) Rep. Katherine Clark (D-MA) as Minority Whip; (3) Rep. Pete Aguilar (D-CA) as Democratic Caucus Chair; (4) Rep. Ted Lieu (D-CA) as Democratic Caucus Vice Chair; (5) Rep. Joe Neguse (D-CO) as Assistant Democratic Leader; and (6) Rep. Debbie Dingell (D-MI) as Democratic Policy and Communications Committee Chair. Additionally, while it has not yet been decided, Rep. Suzan DelBene (D-WA) is favored to continue as Chair of the Democratic Congressional Campaign Committee.

MCAA Issues and Interests 

Registered Apprenticeship

House Lawmakers Introduce Bill to Resurrect IRAPs Without a Construction Exemption

On November 15^th, Rep. Bob Good (R-VA) (who lost his primary for Virginia’s 10^th Congressional District election earlier this year) and Rep. Mary Miller (R-IL) (who won re-election to Illinois’ 15^th Congressional District this month) introduced the “Developing America’s Workforce Act,” (H.R. 10122), legislation that would reinstate the first Trump Administration’s Industry-Recognized Apprenticeship Programs (IRAPs) with one important change—it would eliminate the “construction exemption” that MCAA and its allies secured in the Trump-era final rule before having it rescinded during the Biden Administration. Notably, this legislation is similar to legislation introduced earlier this year by incoming Senate Majority Leader John Thune (R-SD) entitled, the “Training America’s Workforce Act,” (S. 1213), which would also reinstate IRAPs without the construction exemption. While these bills are unlikely to move during the lame duck session of Congress, they will certainly re-emerge during the 119^th Congress with the support of incoming Senate leader Thune and Rep. Miller (R-IL), who also serves as a member of the House Education and the Workforce Committee. 

Independent Contractors and Misclassification of Workers 

IRS Advisory Committee Meeting to Discuss Employee Misclassification Following MCAA-Supported Independent Contractor Rule 

Last Wednesday, the MCAA policy team attended a meeting of the Internal Revenue Service Advisory Council (the Council) at IRS headquarters to review the IRSAC’s 2024 report and recommendations to IRS leadership on measures to improve tax administration on a range of issues. Of interest to the MCAA, among other proposals, the Council’s Information Reporting Subcommittee made recommendations (beginning on page 105 of the report) regarding the misclassification of workers as independent contractors versus employees and challenges arising from discrepancies between the worker classification standards the IRS applies compared to the Department of Labor (DOL). 

The Council recommended that the IRS: (1) work with DOL to define employee versus independent contractor and produce a guide to explain the differences; (2) work within the definitions established by DOL to eliminate gaps and improve clarity to prevent misclassification; and (3) seek legislative changes that permit the IRS to require prospective reclassification of currently misclassified workers, issue generally applicable guidance on the proper classification of workers, require notice to independent contractors of the tax and other consequences of being a contractor versus an employee, and disclose information to the Department of Labor about workers who are reclassified.

Pension Reform

EBSA Seeks Information to Populate Retirement Savings Lost and Found Database

Last Tuesday, the Labor Department’s (DOL) Employee Benefits Security Administration (EBSA) issued an information collection request (ICR) and an associated fact sheet requesting information from retirement plan administrators that will allow EBSA to begin populating the Retirement Savings Lost and Found Database—an online search tool to help workers locate lost retirement savings they earned. The SECURE 2.0 Act directed EBSA to establish the Retirement Savings Lost and Found Database by December 29, 2024. To populate the database, DOL needs retirement plan administrators, recordkeepers and other service providers to collaborate to voluntarily provide plan information as a first step towards making the database available to the public. This information includes: (1) the name and plan number as reflected on the most recent Form 5500 Annual Return/Report of Employee Benefit Plan or Form 5500-SF Short Form Annual Return/Report of Employee Benefit Plan (individually and collectively, Form 5500); (2) the name, employer identification number (EIN), mailing address, and telephone number of the plan administrator as reflected on the most recent Form 5500; (3) the name, EIN, and telephone number of the plan sponsor as reflected on the most recent Form 5500; (4) the name and Social Security Number of any separated vested participant aged 65 or older who is owed a vested benefit, including deceased participants who would have been age 65 or older if they had survived and whose beneficiary is entitled to a benefit, separated vested participants aged 65 or older whose benefits were conditionally forfeited under Treasury Regulation section 1.411(a)-4(b)(6), and separated vested participants aged 65 or older who are in pay status; and (5) with respect to participants previously reported to the Retirement Savings Lost and Found Database who were owed a benefit that has since been paid, notification once their benefit has been paid and the date of the payment. Information may be submitted on the DOL Retirement Savings Lost and Found Database here.

Biden Withdraws Nominee to Lead PBGC 

On November 14^th, President Joe Biden withdrew the nomination of Deva Kyle to serve as the next Director of the Pension Benefit Guaranty Corporation. Kyle had originally been scheduled for a confirmation hearing in the Senate Finance Committee on November 14^th before her nomination was abruptly withdrawn. The White House did not provide an explanation for the withdrawal of the nomination, but it was clear Republicans were not going to cooperate in advancing her because they would prefer to have president-elect Trump appoint the next leader of the pension insurance agency.

PBGC Releases FY 2024 Annual Report

On November 18^th, the Pension Benefit Guaranty Corporation (PBGC) released its fiscal year (FY) 2024 Annual Report highlighting that the Multiemployer Program had assets of $4.5 billion and liabilities of $2.3 billion, as of September 30, 2024. The net financial position of the Multiemployer Program improved in FY 2024, to a positive net position of $2.1 billion, compared with the program’s positive net position of $1.5 billion in FY 2023. The report also explains that the Multiemployer Program is likely to remain solvent for more than 40 years, primarily due to the enactment of the Special Financial Assistance (SFA) Program as part of the American Rescue Plan Act. Finally, PBGC notes that it has provided $163 million in traditional financial assistance to 98 insolvent multiemployer plans covering 62,881 participants receiving guaranteed benefits.

Taxes and Reauthorization of the 2017 Tax Cuts and Jobs Act 

House Majority Leader Scalise Details GOP Priorities for Reconciliation Bill 

On November 19^th, House Majority Leader Steve Scalise (R-LA) laid out his party’s biggest legislative priorities for a reconciliation bill next Congress, including: (1) funding the U.S.-Mexico border wall; (2) cutting various Democratic policies and some spending programs enacted under President Biden, including the Inflation Reduction Act; and (3) locking in the tax cuts that were included in the 2017 Tax Cuts and Jobs Act. Additionally, Majority Whip Tom Emmer (R-MN) announced that Republican leaders would be doing listening sessions with members on reconciliation next month. This comes as President-elect Trump’s team and congressional Republicans are discussing ways to pay for tax cuts in the next Congress, including: (1) tariffs at rates of 10% and 20% on imported goods; (2) cuts to the Inflation Reduction Act; (3) changes to international business taxes, including the Global Intangible Low-Taxed Income and the Alternative Minimum Tax for corporations; and (4) cancelling the Employee Retention Tax Credit.

Buffalo Event with House Ways and Means Chair Smith (R-MO) and Rep. Tenney (R-NY)

On Sunday November 17^th, an MCAA representative joined House Ways & Means Chair Jason Smith (R-MO) and House Ways & Means Committee Member Claudia Tenney (R-NY) at the Buffalo Bill vs. Kansas City Chiefs game. It gave MCAA a chance to advocate its views on maintaining several provisions from the 2017 Tax Cut and Jobs Act that are set to expire next year, including maintaining the corporate tax rate, the 20% business pass through deduction, and favorable depreciation of new and used business equipment. MCAA also made its case for limiting efforts to pay for various tax proposals at the expense of the following tax credits and incentive programs enacted over the last four years: the 45U nuclear credit, the Section 45V hydrogen credit, the 45Q carbon oxide sequestration credit, and the Civil Nuclear Credit Program and the Inflation Reduction Act’s bonus credit for satisfying prevailing wage and apprenticeship requirements. This advocacy will continue throughout the lame duck session of Congress and into the next Congress when renewing the 2017 tax law will be a priority for the Trump Administration and the Republican Congress.

OSHA Proposed Rule on Heat Injury and Illness Prevention 

Meeting with CISC to Discuss Joint Comments on Proposed Heat Injury and Illness Rule

Last Thursday, MCAA participated in a call with the Small Business Administration (SBA) Office of Advocacy to continue pressing concerns about the adverse impacts of the Occupational Safety and Health Administration’s (OSHA’s) proposed rule on Prevention of Heat Injury and Illness in Outdoor and Indoor Work Settings. Following the election, MCAA believes there is an increased chance of having this pending rule reconsidered when the new Administration takes office. While we ramp up this advocacy, MCAA is continuing to work with the Construction Industry Safety Coalition (CISC) on detailed comments on behalf of the entire construction industry highlighting issues with the proposed rule.

Decarbonization

House Passes MCAA-Supported HEATS Act

During the week of November 11^th, the MCAA policy team’s lobbying paid off as the House passed the Harnessing Energy at Thermal Sources (HEATS) Act (H.R. 7409) by a vote of 225-181. This bill would exempt geothermal exploration and development projects on state- or privately-owned land from federal permitting and compliance requirements if the United States’ ownership interest of a property’s subsurface geothermal estate is less than 50%. The bill’s sponsor, Rep. Young Kim (R-CA), was very appreciative of the MCAA’s support. Given the short time remaining in the 118^th Congress and the small amount of support from House Democrats, however, it is unlikely that this bill will pass the Senate by unanimous consent and even more unlikely that the Senate will devote the precious remaining floor time to advancing the bill given the priority being given to confirming Biden appointees. We are, however, continuing to confer with Rep. Kim’s staff to see if there is a viable path to getting this bill to President Biden’s desk before the end of this Congress. And we are of course prepared to renew efforts on it next Congress.

Relatedly, last Wednesday, the House passed by a vote of 244-171 the MCAA-supported Committing Leases for Energy Access Now (CLEAN) Act legislation that would require the Department of the Interior (DOI) to increase the frequency of lease sales under the Geothermal Steam Act and establish deadlines for consideration of geothermal drilling permits. The bill also seeks to speed up the permit process for lease sales by setting a 30-day deadline for the DOI to notify an applicant if a permit has been approved.

DOE Announces $2.2 Billion for Two Hydrogen Hubs in the Midwest and Along the Gulf Coast

Last Wednesday, the Energy Department (DOE) announced $2.2 billion in award commitments for the Gulf Coast and Midwest Regional Clean Hydrogen Hubs (H2Hubs) to help accelerate the commercial-scale deployment of low-cost, clean hydrogen. The DOE’s H2Hubs program was created by the Bipartisan Infrastructure Law to kickstart a national network of clean hydrogen producers, consumers, and related infrastructure while supporting the production, storage, delivery, and end-use of clean hydrogen. DOE is committing up to $1.2 billion of federal cost share for the Gulf Coast Hydrogen Hub, led by HyVelocity, LLC, to produce clean hydrogen from both water through electrolysis and from natural gas while utilizing carbon capture and storage. The Gulf Coast Hydrogen Hub is expected to create approximately 45,000 direct jobs over the project’s lifetime. Separately, DOE is committing up to $1 billion of federal cost share for the Midwest Hydrogen Hub, led by the Midwest Alliance for Clean Hydrogen LLC, to leverage energy sources (e.g., renewable wind energy, natural gas, and nuclear energy) to support the decarbonization of industries including steel and glass production, manufacturing, power generation, refining, and heavy-duty transportation across Illinois, Indiana, Iowa, and Michigan. The Midwest Hydrogen Hub anticipates creating approximately 12,000 direct jobs over the project’s lifetime.

Democrats Urge Changes to Clean Hydrogen Production Credit

Last Tuesday, Democratic Reps. Suzan DelBene (WA), Frank Mrvan (IN), Rick Larsen (WA), Marilyn Strickland (WA), Raul Ruiz (CA), Kim Schrier (WA), Jimmy Panetta (CA), Marc Veasey (TX), Adam Smith (WA), Ami Bera (CA), and Mike Levin (CA), who all represent states that are part of federally-supported hydrogen hubs, sent a letter to Treasury Secretary Janet Yellen and Internal Revenue Service Commissioner Danny Werfel urging changes to the proposed Section 45V clean hydrogen production credit rules implementing the Inflation Reduction Act’s support for hydrogen infrastructure. Specifically, the members warned that “[i]f the guidance is too restrictive, it would severely hamper our ability to compete globally and could allow countries like China to surpass us in this critical technology.” The members specifically recommended that the 45V credit rules include more flexible “incrementality requirements,” including counting any curtailed capacity from hydropower and nuclear facilities. They also urged a more gradual implementation timeline in the final rule that takes into account regional variations in energy availability and grid capacity.

EPA Releases Methane Emissions Final Rule

On November 12^th, the Environmental Protection Agency (EPA) released a final rule to require oil and gas companies for the first time to pay a federal fee if they emit methane above certain levels. As outlined by the EPA, excess methane produced in 2024 could result in a fee of $900 per ton, with fees rising to $1,200 per ton in 2025 and $1,500 per ton by 2026. The EPA argues that the fee will encourage deployment of available technologies to reduce methane emissions and other harmful air pollutants. This comes as the American Petroleum Institute (API) urged the incoming Trump Administration to work with Congress to repeal these fees on methane emissions from drilling operations and to also do away with vehicle emissions standards meant to move the auto industry to produce more electric vehicles and lift a pause on export permits for liquefied natural gas facilities.

Rep. Palmer (R-AL) Introduces CRA to Rescind AMPC Final Rule 

Last Tuesday, Rep. Gary Palmer (R-AL) introduced a Congressional Review Act resolution (H.J. Res. 222) to nullify the Internal Revenue Service’s October 28, 2024 final rule implementing the Inflation Reduction Act’s Section 45X Advanced Manufacturing Production Credit (AMPC). This credit is aimed at incentivizing the production of certain “eligible components” for energy systems in the U.S., including certain components for solar and wind energy, inverters, qualifying battery components, and critical minerals.

Biden Administration Releases Report on Sustainable Aviation Fuel 

On November 13^th, the Energy Department (DOE) announced the release of its “Pathways to Commercial Liftoff: Sustainable Aviation Fuel (SAF),” which analyzes the technical and commercial readiness of several SAF production pathways and highlights actionable steps that both the public and private sector can take to make the United States a global leader in SAF production by 2030. Among other things, the report finds that the biggest barrier is that SAF costs two to ten times more than fossil jet fuel, depending on the feedstock and conversion technology used to produce it, and that SAF liftoff by 2030 will require accelerated deployment of production technologies and feedstocks that are readily available today. The SAF Liftoff report complements two conditional commitments announced by DOE in October 2024 to scale domestic SAF production: (1) a $1.44 billion loan guarantee to Montana Renewables, LLC that, if finalized, will help finance the expansion of a renewable fuels facility in Great Falls, Montana, that will utilize vegetable oils, fats, and greases to produce SAF, renewable diesel, and renewable naphtha; and (2) a $1.46 billion loan guarantee to Gevo Net-Zero 1, LLC that will help finance the first of a kind large-scale corn starch-to-jet fuel facility in Lake Preston, South Dakota.

Biden Administration Releases Roadmap to Triple U.S. Nuclear Capacity by 2050

On November 12^th, the Biden Administration laid out a roadmap for plans to triple U.S. nuclear capacity by mid-century. The plan sets a goal of 200 gigawatts of new capacity by 2050, more than three times the 2020 capacity. The plan calls for the development of large and small modular nuclear plants, as well as upgrades to existing reactors and restarting retired ones. This includes adding 35 gigawatts of new capacity by 2035 and a goal of 15 gigawatts per year by 2040.

Federal Contracting 

OFCCP Publishes Latest Corporate Scheduling Announcement List 

Last Wednesday, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced the publication of the latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors (which can be accessed on the OFCCP’s webpage). The CSAL for supply and service contractors is a list of 2,000 federal contractors and subcontractors that have been selected for a compliance evaluation, which the OFCCP may begin scheduling immediately. OFCCP encourages contractors to take advantage of the agency’s compliance assistance offerings and to contact their local field and regional offices for technical assistance as they prepare for the evaluation. OFCCP has also published the methodology for developing this list as well as frequently asked questions (FAQs) where answers to other matters related to this topic are included.

Other Interesting Things Since Our Last Report 

Thursday, November 18^th

• President-elect Trump is looking to revive the Keystone XL pipeline on his first day back in the White House. Trump’s renewed interest in the pipeline, however, faces challenges. For example, TC Energy, the pipeline’s developer, said it would no longer pursue its construction. In addition, portions of the pipeline that were already put in the ground have been dug up and replacing that pipe would require any company that wants to rebuild it to again obtain local permits for the project.

• The Biden Labor Department (DOL) issued a press release highlighting DOL-commissioned research that found that a national paid family and medical leave program would reduce poverty across all communities and diminish the poverty gap among workers, especially Black and Hispanic workers who experience some of the highest poverty rates. The research also includes four state-specific reports estimating the costs and benefits of proposed paid family and medical leave policies in Maryland, Michigan, Pennsylvania and Washington State. Only 13 states and Washington, D.C. currently have paid family and medical leave programs. As of March 2023, only 27% of civilian workers had access to paid family leave through their employer and 41% of civilian workers had access to short-term disability insurance through their employer. The reports and more information on the studies are available here.

• Senate Judiciary Subcommittee Ranking Member Lee (R-UT) is reportedly urging the Trump Administration to use federal competition laws “where it’s warranted” but said he did not want to see the next Department of Justice use antitrust “as a Swiss army knife tool of sorts, to pursue all sorts of policy agenda items that have nothing to do with competition” (i.e., using competition law to advance labor and employment law matters like banning non-competition agreements). 

• House Education and the Workforce Committee Chair Virginia Foxx (R-NC) sent a letter to the Department of Labor (DOL) Inspector General following reports that DOL, under the guise of an Employee Benefits Security Administration (EBSA) investigation, secretly shared confidential information involving at least six employee benefit pension plans with a plaintiff’s attorney for use against plan fiduciaries. In the letter, Foxx said that DOL “appears to be working in concert with plaintiffs’ attorneys” to supply “confidential information to plaintiffs’ attorneys for use in private litigation against plan fiduciaries.”

Wednesday, November 17^th

• Senate Minority Leader Mitch McConnell (R-KY) declared that Republicans are planning to make vigorous use the Congressional Review Act to kill Biden Administration rules. McConnell did not detail any specific rulemakings that would be targeted but did generally reference as examples rules involving “job-killing energy policies.”

• Commerce Secretary Gina Raimondo is working to commit every unspent dollar in the CHIPS and Science Act’s $50 billion microchip-subsidy program before President-elect Donald Trump takes over in January to cement a Biden Administration priority before the Trump Administration can reverse course and pull back funding.

Tuesday, November 16^th

• The Labor Department (DOL) published a blog post highlighting results from a recent Gallup poll that found support for unions has reached 70%, just one point below the highest level recorded since 1965, while disapproval of unions has fallen to 23 percent, the lowest level in 57 years.

Monday, November 15^th

• President-elect Trump confirmed that he plans to declare a national emergency and use the military for mass deportations of immigrants in the U.S. illegally. Trump’s team is reportedly working to craft executive orders that can withstand legal challenges from immigration advocates to avoid court losses like the one he suffered over his 2017 Muslim ban. Trump also plans to quickly end the Biden Administration’s special visa-free parole process for immigrants from Cuba, Haiti, Nicaragua and Venezuela. On November 17^th, incoming Senate Homeland Security Committee Chair Rand Paul (R-KY) denounced the possibility of using the U.S. military for deportations, saying he would not support “an emergency to put the Army into our cities,” calling it “a huge mistake.”

• The White House formally requested Congress pass a $98.6 billion supplemental spending bill for disaster relief this year, with President Biden declaring that additional resources “are critical to continue to support” communities impacted by Hurricanes Helene and Milton and other disasters, including the Maui wildfires and the Francis Scott Key Bridge collapse in Baltimore.

Friday, November 15^th

• A federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL) final rule on “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” that would have made about 4 million more salaried U.S. workers eligible for overtime pay. U.S. District Judge Sean Jordan said that the rule improperly bases eligibility for overtime pay on workers’ wages rather than their job duties. The rule would have required employers to pay overtime premiums to salaried workers who earn less than $1,128 per week, or about $58,600 per year, when they work more than 40 hours in a week, beginning Jan. 1, 2025, and it had temporarily raised the threshold to about $44,000 per year on July 1. The previous threshold of about $35,500, which was set in 2019, will now be back in effect. DOL can seek review of the ruling in the New Orleans-based 5th U.S. Circuit Court of Appeals, which is widely regarded as the most conservative federal appeals court.

Thursday, November 14^th

• The White House Office of Information and Regulatory Affairs (OIRA) announced that it is reviewing the Occupational Safety and Health Administration’s (OSHA) final rule on “Personal Protective Equipment in Construction.” This rulemaking would specifically require that the PPE construction employers are required to provide properly fit workers. Under the rule, “proper fit” means the PPE is the appropriate size to provide an employee with the necessary protection from hazards and does not create additional safety and health hazards arising from being either too small or too large. OIRA review is typically the final step in the regulatory process before an item is published in the Federal Register.

• National Labor Relations Board (NLRB) member David Prouty suggested that NLRB Chair Lauren McFerran will likely leave the agency in December if the Senate fails to confirm her to a third term during the lame duck Congressional session. This would clear the way for a Republican Board majority early in the Trump administration.

Wednesday, November 13^th

• The National Labor Relations Board (NLRB) issued a decision in the Amazon.com Services, LLC ruling that employer-mandated “captive audience” meetings violate the National Labor Relations Act (NLRA). In its ruling, the NLRB overruled Babcock & Wilcox Co. and explained that such meetings violate Section 8(a)(1) of the NLRA because they have a reasonable tendency to interfere with and coerce employees in the exercise of their rights to join a union. However, the NLRB clarified that an employer may lawfully hold meetings with workers to express their views on unionization so long as workers are provided with reasonable advance notice of: (1) the subject of any such meeting; (2) that attendance is voluntary with no adverse consequences for failure to attend; and (3) that no attendance records of the meeting will be kept. The NLRB made clear that this new standard will be applied prospectively only, to appropriately accommodate the reasonable reliance employers may have previously placed on Babcock & Wilcox. NLRB Members Prouty and Wilcox joined Chairman McFerran in issuing the decision. Member Kaplan dissented. On Thursday, House Education and the Workforce Committee Chair Virginia Foxx (R-NC) responded to the NLRB’s ruling, saying the decision is “a blatant attempt to interfere with the lawful right of employers to communicate with their employees and tilt the playing field in the favor of Big Labor.”

• The Environmental Protection Administration (EPA) released its third annual progress report (available here) highlighting key EPA accomplishments under the national strategy to eliminate per- and polyfluoroalkyl substances or “forever chemicals” in communities across the country.

• More than 100 trade groups have signed a letter led by the ERISA Industry Committee, a trade group for large employer health plans, to push for legislation to increase the accountability of pharmacy benefit managers (PBMs). Among other priorities, the letter suggests banning spread pricing (i.e., charging a health plan sponsor more for a prescription drug than they charge to a pharmacy), requiring 100% pass-through to plan sponsors and patients of rebates, discounts, fees, and other payments from drug manufacturers, and de-linking PBM profits from list prices for drugs. 

Tuesday, November 12^th

• The Centers for Medicare & Medicaid Services (CMS) released the 2025 premiums, deductibles, and coinsurance amounts for the Medicare Part A and Part B programs, and the 2025 Medicare Part D income-related monthly adjustment amounts. Tables with Part B Immunosuppresive Drug Coverage and full Part B Coverage, Part A deductible and coinsurance amounts for calendar years 2024 and 2025, and Part D income-related monthly adjustment amounts are all available here. 

• The Pharmaceutical Research and Manufacturers of America (PhRMA) launched a major ad campaign pressing lawmakers to move forward on long-debated pharmacy benefit manager (PBM) reforms amid uncertainty over what will be included in a potential lame-duck health care package. PhRMA’s new national ad, launched Monday (Nov. 11), claims PBMs treat medicines as profit centers, pushing up costs for both patients and the health care system, and calls for PBMs to pass drug rebates and discounts directly to patients to help lower out-of-pocket costs.

Monday, November 11^th

• At an event in New York, Senate Majority Leader Chuck Schumer (D-NY) expressed confidence that the CHIPS and Science Act will survive under a Republican-led Congress. Schumer noted that the law passed with several Republican votes, including former Senate Minority Leader Mitch McConnell (R-KY) and 24 Republicans in the House. Moreover, Speaker Mike Johnson (R-LA) has walked back earlier remarks that the legislation may be targeted for repeal next Congress.

Around the Country 

Northeast 

• On November 21^st, Sen. Bob Casey (D-PA) conceded the Pennsylvania U.S. Senate to Republican Dave McCormick following a statewide recount.

• On November 21^st, the Department of Justice (DOJ), the Environmental Protection Agency (EPA), and the Commonwealth of Pennsylvania announced two separate settlement agreements with oil and gas operators XTO Energy and Hilcorp Energy Company to resolve claims the companies violated the Clean Air Act and Pennsylvania’s Air Pollution Control Act with their production operations in the state. XTO agreed to pay a $4 million civil penalty and undertake a project to eliminate methane emissions from orphaned wells and nearly 120 tons of volatile organic compound emissions annually. Hilcorp agreed to pay a $1.275 million penalty and will undertake a project to retrofit at least 164 pneumatic controllers that emit pollution with non-emitting process controllers at eight of the company’s facilities located in Lawrence and Mercer Counties, Pennsylvania.

• On November 20^th, the National Labor Relations Board (NLRB) announced that on November 4, 2024, Region 29-Brooklyn obtained a settlement agreement against Maxwell Plumb Mechanical Corp. (Maxwell), a plumbing and HVAC company located in Glendale, New York to resolve three unfair labor practice charges filed by Plumbers Local No. 1 of the United Association (UA) alleging that Maxwell required employees to sign an unlawful “stay-or-pay” contract or “training repayment agreement provision” (i.e., a requirement that employees reimburse the employer for training costs if the employees stop working for them), unlawfully terminated three employees, and unlawfully interfered with employees’ union and protected activities. Pursuant to the settlement agreement, Maxwell must reinstate three unlawfully terminated employees and provide $81,000 in compensation for backpay and financial damages that they suffered because of Maxwell’s conduct. In addition, the settlement requires Maxwell to post a Notice to Employees with information about their rights under the National Labor Relations Act.

• On November 18^th, Democratic Rep. Jared Golden (ME) defeated Maine state Rep. Austin Theriault (R) in the race for Maine’s 2^nd Congressional District.

• On November 15^th, the Department of Transportation (DOT) announced nearly $1.5 billion from the Bipartisan Infrastructure Law for 19 projects along the Northeast Rail Corridor (NEC) that will repair and replace infrastructure along the NEC. Selected projects receiving funding under this announcement include: (1) up to $397.2 million for the Mid-Atlantic OCS Replacement Program Phase 1 in Pennsylvania to replace and upgrade the catenary power system on an 18-mile segment of the Amtrak-owned Keystone Line between the Zoo substation in Philadelphia and the Paoli substation in Paoli, PA; (2) up to $24 million for the Washington Union Station Expansion Project in Washington, DC to construct a new bus facility, parking garage, and train hall, and improve bicycle and pedestrian infrastructure; (3) up to $13.4 million for the County-Newark Catenary Upgrades Project in New Jersey to replace and upgrade the catenary system along a 23-mile stretch of the Northeast Corridor between New Brunswick and Newark, NJ; and (4) up to $2.5 million for the Hartford Station Relocation Project in Connecticut for construction of a new Hartford train station and multimodal hub with associated realignment and double tracking of 2.1 miles of the New Haven-Hartford-Springfield corridor in Hartford, CT. The full list of projects is available here.

• On November 14^th, Sen. Susan Collins (R-ME) said she plans to run for a sixth term in the U.S. Senate, buoying Republicans’ hopes of retaining her seat in a 2026 cycle that features a tough map for Republicans. 

• On November 13^th, the White House announced three upcoming projects in Philadelphia, PA that will be covered by the Geographic and Economic Hiring Preferences Pilot Program, which establishes goals for hiring 50% of apprentices and 20% of journeypersons on public works projects from economically disadvantaged neighborhoods. The projects include: (1) two federally funded transportation projects identified by the City of Philadelphia’s Streets Department; and (2) an $87 million lead service line project from the Philadelphia Water Department.

• On November 13^th, Rep. Marc Molinaro (R-NY) announced he is entertaining the idea of returning to Congress by moving to New York’s 21^st Congressional District following Rep. Elise Stefanik’s (R-NY) nomination to be United Nations Ambassador. Molinaro lost recently lost re-election to New York’s 19^th Congressional District to Democrat Josh Riley. 

West

• On November 21^st, Rep. Robert Garcia (D-CA) announced the launch of the pro-housing “Yes In My Back Yard” (YIMBY) Caucus to promote the development of affordable housing units nationwide. The YIMBY Caucus will focus on encouraging new housing development, removing zoning rules and other barriers to the construction of new homes, and investing in the infrastructure needed to address the affordable housing crisis.

• On November 18^th, the Interior Department (DOI) announced $125 million in funding from the President’s Bipartisan Infrastructure Law to support projects in California and Utah through DOI’s new Large-Scale Water Recycling Program, which funds water infrastructure projects including water purification and reuse, water storage and conveyance, desalination, and dam safety. The projects include: (1) $60.4 million for the City of San Buenaventura’s Ventura Water Program, estimated to produce 3,600 acre-feet of recycled water annually; (2) $30 million for the Los Angeles Groundwater Replenishment Project, estimated to produce 26,000 acre-feet annually; (3) $26.2 million for the Metropolitan Water District of Southern California Pure Water Southern California, estimated to produce 118,590 acre-feet annually; and (4) $10.8 million for the Inland Empire Utilities Agency of California Advanced Treatment of Recycled Water to Enhance Chino Basin Resiliency Project, estimated to produce 15,000 acre-feet annually.

• On November 13^th, California State Rep. Dave Min (D) defeated Republican Scott Baugh in California’s 47^th Congressional District.   

• On November 13^th, California Rep. Mike Levin (D) defeated Republican Matt Gunderson in the race for California’s 49^th Congressional District.

• On November 12^th, California Rep. Ken Calvert (R) defeated Democrat Will Rollins in the race for California’s 41^st Congressional District.

Northwest 

• On November 19^th, the Oregon Capitol Chronicle reported that the Teamsters Council in Oregon, Idaho and Southwest Washington was one of about 20 unions to back Rep. Lori Chavez-DeRemer (R-OR) in her unsuccessful run for reelection, and that her father was a Teamster. The article goes on to detail that she is one of only three House Republicans to cosponsor the Richard L. Trumka Protecting the Right to Organize (PRO) Act, a Democratic priority which would weaken state “right-to-work” laws to allow unions to collect dues from all employees, increase penalties for employers who violate labor law and strengthen employees’ legal rights to join a union.

Midwest 

• On November 20^th, Rep. Marcy Kaptur (D-OH) defeated Republican Derrick Merrin in Ohio’s 9^thCongressional District.

• On November 18^th, Wisconsin Republican Eric Hovde conceded defeat to Democratic Sen. Tammy Baldwin (WI) in the Wisconsin U.S. Senate race.

• On November 5^th, Nebraska voters approved a ballot initiative that requires employers with fewer than 20 employees to provide up to 40 hours (five days) of sick leave annually, and larger employers with more than 20 employees to provide up to 56 hours (seven days) of sick leave annually. 

Southeast

• On November 18^th, Florida Gov. Ron DeSantis (R-FL) said that he will likely decide by January on who will replace Sen. Marco Rubio (R-FL), who was recently nominated to be President-elect Trump’s Secretary of State. This comes as Sen. Rick Scott (R-FL) said he has talked with RNC co-chair Lara Trump about her interest in filling Rubio’s Senate seat. Lara Trump reportedly made it clear that she would love to be appointed to Rubio’s seat.

• On November 13^th, Dominion Energy Inc.’s CEO Bob Blue said that the huge increase in power demand from data centers and artificial intelligence (AI) creates a conflict between maintaining a reliable grid and cutting carbon emissions. Virginia, where Dominion is based, is the global center of the rapidly expanding data-center industry and the company projects that its power demand will double by 2039. To help meet that increase, Dominion plans to build large amounts of solar, wind—including the biggest offshore wind farm in the US—and gas power, as well as battery storage. 

• On November 5^th, Missouri voters approved a ballot initiative that requires employers to provide one hour of paid sick time for every 30 hours worked, up to five days per year for small businesses (i.e., those with fewer than 15 employees) and seven days per year for larger businesses. 

Southwest

• On November 15^th, the Department of Commerce announced the award of up $6.6 billion in funding to TSMC Arizona Corporation (TSMC Arizona), a subsidiary of Taiwan Semiconductor Manufacturing Company Limited (TSMC), under the CHIPS Incentives Program’s Funding Opportunity for Commercial Fabrication Facilities. This award will support TSMC’s investment of more than $65 billion to construct three leading-edge semiconductor fabrication facilities in Phoenix, Arizona. The first fabrication facility is set to open and start production in the first half of 2025, the second fabrication facility is expected to open and start production in 2028, and the third fabrication facility is set to open and begin production by the end of the decade. The facilities are projected to create over 20,000 accumulated construction jobs and over 6,000 direct manufacturing jobs.

• On November 15^th, the Environmental Protection Agency (EPA) announced a Water Infrastructure Finance and Innovation Act (WIFIA) loan of $156 million to the City of Pflugerville, Texas to support drinking water infrastructure upgrades. This WIFIA loan will enable Pflugerville to plan, design, and construct three drinking water projects. The city will expand its water treatment plant and increase the capacity of the existing drinking water distribution system by upsizing pipes, constructing a new secondary Colorado River Raw Water Line, and upgrading pump stations. 

• On November 12^th, the Labor Department (DOL) announced that its Wage and Hour Division renewed a memorandum of understanding with the Travis County District Attorney’s Office in Austin, Texas for another five-year term to improve the protection of the county’s workforce and enforcement of wage laws, and to level the playing field for responsible employers.

• On November 12^th, Exxon Mobil Corp agreed to sell conventional oil drilling assets in the Permian Basin of Texas and New Mexico to privately-owned Hilcorp Energy for around $1 billion.

• On November 12^th, Rep. Ruben Gallego (D-AZ) defeated Republican Kari Lake in the Arizona U.S. Senate race.

Alaska and Hawaii 

• On November 21^st, Republican Nick Begich defeated Rep. Mary Peltola (D-AK) in the race for Alaska’s at-large Congressional District. 

• On November 5^th, Alaska voters approved a ballot initiative that requires employers to grant an hour of paid sick leave for every 30 hours workers, with a cap of 40 hours for small companies and 56 for larger companies.