New National Restaurant Association • Restaurant · 2017. 4. 28. · National Restaurant Association • Restaurant.org Joint Employer Rule • NLRB 2015 Browning-Ferris decision

National Restaurant Association • Restaurant.org National Restaurant Association • Restaurant.org 1

National Restaurant Association • Restaurant.org National Restaurant Association • Restaurant.org

Employer/Employee Policy

& Politics in the Trump Era

2

Stephanie Childs, Vice President of Policy,

National Restaurant Association

Shannon Meade, Director, Labor and Workforce

Policy, National Restaurant Association

National Restaurant Association • Restaurant.org

Overview • Political Landscape

– Election

– House; Senate

• Trump Administration 1st 100 Days

– Regulatory Rollback and Reform

– Executive Orders

• Federal Labor and Workforce Issues

– Healthcare

– Overtime

– Joint Employer

– Immigration Reform

• Key Players

– Alexander Acosta, Nominee for Secretary of U.S. Department of Labor

– Tom Price, Secretary, U.S. Department of Health and Human Services

– Phil Miscimarra, Chairman, National Labor Relations Board

• Trends in Key States

– Minimum Wage

– Restrictive Scheduling

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US Senate – 114th Congress v. 115th

Congress

■ Democrats ■ Republicans ■ Independents

44 54

Control of the 114th Senate (2014-2016)

Control of the 115th Senate (2016-2018)

46 52

Republican Senate Majority

Republican Senate Majority

44-2-54 46-2-52


US House - 114th Congress v. 115th

Congress

186-246 194-241

■ Democrats ■ Republicans ■ Independents Vacant

Control of the 114th House (2014-2016)

Control of the 115th House (2016-2018)

Republican House Majority

Republican House Majority

218 Needed for Majority

218 Needed for Majority

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President Trump’s Plan

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Trade

Issue notification of intent to withdraw from TPP. Negotiate

fair, bilateral trade deals that bring jobs and industry back to

our shores

Energy Cancel job killing restrictions on the production of American

energy, to create million of high paying jobs

Immigration Direct Department of Labor to investigate all abuses of visa

programs that undercut American workers

Regulation Formulate rule that says for every one new regulation that is

introduced, two old regulations must be eliminated

National Security Ask DoD & Chairman of Joint Chiefs of Staff to develop a plan to

protect America's infrastructure from cyber attacks

Ethics reform Impose five year ban on executive officials becoming lobbyists

after leaving the administration; lifetime ban on executive

officials lobbying on behalf of a foreign government

Repeal and Replace Obamacare

Middle Class Tax Relief Act

Fully-funds construction of a wall on southern border;

a 2-year minimum prison sentence for illegally re-

entering

End Illegal Immigration Act

Restoring Communities Act

Create a Task Force On Violent Crime; increasing funding for

programs that train and assist local police; federal law

enforcement agencies and prosecutors

American Energy & Infrastructure Act

Leverage public-private partnerships, and private

investments through tax incentives, to spur $1 trillion in

infrastructure investment over 10 years.

School Choice and Education Opportunity Act Give parents the right to send kids to public, private, charter,

magnet, religious, home school of choice. Ends common

core,

An economic plan to grow the economy 4% per year;

create at least 25 million new jobs through massive tax

reduction and simplification, trade reform, regulatory relief.

Executive Orders Legislative Action w/ Congress


Top Federal Labor-Workforce Issues

• Healthcare

• Overtime Rule

• Joint Employer Rule

• Immigration Reform

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Healthcare Reform

• Replacing the Affordable Care Act Will Take Time

• Disagreement within Republican Caucus and between

Republicans and Democrats

• Working with HHS and Congress to reduce the cost of

health insurance and promote flexible market solutions

• Address reporting and compliance issues that have

added cost to restaurant bottom lines and reduced

employment flexibility

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Overtime Rule

• Final rule published May 2016

• Increased the salary threshold for exempt employees to

$47,476 a year from $23,660; automatic increases every

3 years.

• Currently on hold

– Nationwide temporary injunction granted November

2016

• Incoming Secretary Acosta’s views

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Joint Employer Rule

• NLRB 2015 Browning-Ferris decision – held that two companies

could be considered joint employers through indirect and potential

control of employees.

• Reverses nearly 30 years of labor law.

• Previously actual or direct control over employees and essential

terms of employment.

• Expanded scope of joint employer liability for small businesses.

• NRA pursuing a legislative fix to codify the “direct control” standard.

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Immigration Reform

• President Trump Executive Orders – Border Security (Border wall)

– Interior Enforcement

– Travel Ban (“extreme vetting”)

– “Buy American, Hire American” (government procurement, H-1B visas)

• President Budget Request - $15M for E-verify

• NRA Industry Principles – An efficient, reliable federal employment verification system

– Improved border security that still promotes travel and tourism

– A new essential worker program for the service sector

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Key Administration Players

• Tom Price, Secretary, U.S. Health and Human Services

– Former Congressman from Georgia’s 6th Congressional District

– Physician by training

– Key opponent of the Affordable Care Act

• Alexander Acosta, Nominee for Secretary of the U.S. Department of Labor

– Previously held 3 senate-confirmed positions under President Bush (NLRB Board Member; Attorney General for Civil Rights Division at DOJ; U.S. Attorney in Miami)

– Currently serving as Dean of the Florida International University Law School

– Confirmation hearing; final vote expected this week

• Philip Miscimarra, Chairman, National Labor Relations Board

– Appointed Chairman on April 21st

– Currently sole Republican on the Board

– Board Member since 2013

– Former management-side labor attorney in private practice at Morgan Lewis

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Major State/Local Trends

• Minimum Wage

• Restrictive Scheduling

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Minimum Wage

• $15 is the New $10

• $20 by 2020?

• In the absence of federal action, all advocacy is at

state/local Level

• Indexed to Inflation


Minimum Wage Increases by State • California $15.00 by 2020

• New Jersey $ 8.38 by 2015

• Delaware $ 8.25 by 2015

• New York $15.00 by 2018

• Connecticut $10.10 by 2017

• Rhode Island $ 9.60 by 2016

• Washington, DC $11.50 by 2016

• Alaska $ 9.75 by 2016

• South Dakota $ 8.50 by 2015

• Arkansas $ 8.50 by 2017

• Nebraska $ 9.00 by 2016

• Minnesota $ 9.50 by 2016

• Michigan $ 9.25 by 2018

• West Virginia $ 8.75 by 2016

• Maryland $10.10 by 2018

• Vermont $10.50 by 2018

• Massachusetts $11.00 by 2017

• Hawaii $10.10 by 2018

• Oregon $14.75 by 2022

• Colorado $12.00 by 2020

• Arizona $12.00 by 2020

• Maine $12.00 by 2020

• Washington $13.50 by 2020


Restrictive Scheduling Legislation

• Enacted in San Francisco (Seattle effective in July

2017)

– Applies only to chain restaurant and retail workers

– Requires offering more hours to existing workers before hiring

part time workers

– Mandates advanced notice for scheduling employees – 2 weeks

• Outstanding Legislation in New York City

• 2017 Expectations

– Statewide Fights: CA, OR, CT, and MA


National Restaurant Association Educational Foundation

Workforce Training Initiatives

ProStart • A high school career and technical education program teaching culinary arts and

restaurant management fundamentals.

• Gives students a platform to discover and develop new interests and talents

• Teaches employability skills, i.e., teamwork, professional behavior, time management,

communication, etc.

Apprenticeship • The U.S. Department of Labor Office of Apprenticeship awarded the National

Restaurant Association Educational Foundation a $1.8 million contract to create a

federally registered hospitality apprenticeship program for the restaurant, foodservice

and hospitality industry.

• Together with the American Hotel & Lodging Association

• First-ever apprenticeship program – the Hospitality Sector Registered Apprenticeship

(HSRA) project will be offered to career-minded individuals seeking management

positions

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Thank You!

Contact Information:

• Stephanie Childs [email protected]

• Shannon Meade [email protected]

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mailto:[email protected]

mailto:[email protected]

Documents

New National Restaurant Association • Restaurant · 2017. 4. 28. · National Restaurant Association • Restaurant.org Joint Employer Rule • NLRB 2015 Browning-Ferris decision