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Washington Outlook: A New Congress,
New Administration and New HR Public
Policy Issues
Michael P. Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Environment
Environment
Worst economic crisis since the Great Depression:
Current unemployment rate is 8.1%, highest since
Washington rise to 10% New Congress,
December of 1983. It couldOutlook: A in 2009.
unemployed in February 2009 is the
p y y
12.5 millionNew Administration and New HR Public
highest number of unemployed on record since
1948. Policy Issues
Michael Aitken and is
Federal deficit in 2008 was $455 billion • March 9, 2009
$1.7 $1.2
predicted to hit $1 7 trillion in 2009 and $1 2 trillion in
2010. SHRM Employment Law & Legislative Conference
g y
Foreign affairs issues are never too far away:
Israeli – Palestinian conflict.
India-Pakistan – Flare-ups over Sri Lanka.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Environment
Environment
U.S. is involved in two wars.
President Obama has promised to bring troops home
Washington Outlook: A New Congress,
in 16 Administration and New HR Public
from Iraq New months ...
Policy Issues
… but has already begun to redeploy troops to
Michael Aitken • March 9, 2009
Afghanistan.
Afghanistan
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
White House
The Obama Administration
First seven weeks of presidency marked by high energy, high
expectations, high degree of action and lots of decisions.
p g g
Washington Congress which is typically
Will have “honeymoon” with theOutlook: A New Congress,
New
6 to 8 months but ... Administration and New HR Public
Policy Issues
Areas of initial focus include:
Michael Aitken • March 9, 2009
Cabinet-level
Getting Cabinet level and senior executive branch
SHRM Employment Law & Legislative Conference
confirmed. Most require Senate confirmation.
Stimulus package - $787 billion
Fiscal Year 2009 Appropriations
Bailout efforts - TARP Part II
Wars in Iraq and Afghanistan
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
White House
The Obama Administration
Trying not to repeat mistakes of previous administrations:
Focus only on priorities.
Washington Outlook: A New Congress,
Control the message.
New
Change “climate”Administration and New HR Public
climate in Washington
Policy Issues
But ….: Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Change doesn’t necessarily mean that Washington will
change the way it operates.
g y p
Washington Outlook: A New Congress, New Administration and
New HR Public Policy Issues
White House
Obama Administration
Centrist agenda may not be the same as some of the
more liberal congressional leaders.
This could Washington Outlook: A New Congress,
be the most active Congress for HR public
New 35 years.
policy issues in Administration and New HR Public
Policy Issues
Economic issues will continue to dominate this 9, 2009
Michael Aitken • March
Congress.
C
SHRM Employment Law & Legislative Conference
Comprehensive Health Care Reform may not be
debated until 2010.
Washington Outlook: A New Congress, New Administration and
New HR Public Policy Issues
U. S. Congress
House of Representatives
103rd H o u s e D emoc rats
R epublic ans
0% Independants
40%
Washington Outlook: A New Congress,
New Administration and New HR Public
60%
Policy Issues
111th Hous e
Michael Aitken • March 9, 2009
Democ rats
p
R epublic ans
0%
SHRM Employment Law & Legislative Conference
Independants
41%
59%
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
U. S. Congress
Senate
Democ rats
103rd S en ate
R epublic ans
0% Independants
44%
Washington Outlook: A New Congress,
56%
New Administration and New HR Public
Policy Issues
Michael Aitken • March 9, 2009
111th S enate Democ rats
R epublic ans
2% SHRM Employment Law & Legislative Conference
Independants
41%
57%
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Key HR Issues
y
Key Federal HR Issues
Equal Pay Protections / New Anti-Discrimination Laws
Labor-Management Relations
Washington Outlook: A New Congress,
New Administration and New HR Public
Workplace Flexibility / Leave Benefits
Policy Issues
Michael Aitken • March 9, 2009
p y g
Employment Verification in Immigration
SHRM Employment Law & Legislative Conference
Stimulus Bill
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Civil Rights Issues
The Lilly Ledbetter Fair Pay Act (P.L.111-2)
Signed into law by President Obama, after swift
p g y g , y ,
passage by Congress, on January 29, 2009.
Washington Outlook: A New Congress,
Bill passed the Senate by a vote of 61 - 36; the House by a
New
177. Administration and New HR Public
vote of 250 - 177
Policy Issues
Court’s decision in March v.
Overturns U.S. Supreme Michael Aitken •Ledbetter9, 2009
Co.
Goodyear Tire & RubberSHRM Employment Law & Legislative Conference
g paychecks cannot be challenged as
Court held that issuing p y g
a discriminatory act. Claim must be based on compensation
rate decisions.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Civil Rights Issues
The new law amends Title VII of the 1964 Civil Rights Act,
the ADA, ADEA, and the Rehabilitation Act.
It does away with the statute of limitations on pay
Washington Outlook: A New
discrimination claims. Congress,
New Administration and New HR Public
within Issues
Current law requires employees to bring claimsPolicy 180
Michael has no • March 9, 2009
days (if the employee’s home state Aitken equal
SHRM Employment employee’s home
employment agency) or 300 days (if the Law & Legislative Conference
state has an equal employment agency).
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Civil Rights Issues
The new law will also re-start the time clock when a retiree
receives an annuity check from an employer, and thus,
keeps employers liable to a discrimination claim long after
p p y g
an alleged act of misconduct.
Washington Outlook: A New Congress,
New Administration and New
Also expands current law by allowing, not just an HR Public
Also, allowing
“aggrieved person,” but other individuals who were Policy Issues
Michael Aitken March 9,
“affected” by an act of pay discrimination, to•file claims. 2009
SHRM Employment Law & Legislative Conference
New law is effective May 28, 2007.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Civil Rights Issues
Other Key Issues
Paycheck Fairness Act: Amends the Fair Labor Standards
Act to provide new remedies for victims of p y discrimination
p pay
on the basis of sex.
Washington Outlook: A New Congress,
New Administration and New HR
Employment Non Discrimination Act: Would prohibitPublic
Non-Discrimination
Policy Issues
employment discrimination on the basis of sexual
orientation. Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Labor-Management Relation Issues
Labor-Management Relation Issues
Unions have been losing members for many years, but that
trend appears to be ending.
Pressure to address union setbacks in court decisions.
Washington Outlook: A New Congress,
and b organized
New Administration focus New HR Public
Union-friendly legislation ill be
U i f i dl l i l ti will b major fj by i d
labor.
Policy Issues
Michael Aitken • March 9, 2009
advertizing blitz to pass “The
Example: Major nationalSHRM Employment Law & Legislative Conference
Employee Free Choice Act” (also known as “Card Check”).
Action on legislation, such as “The Employee Free Choice
Act,” could occur early in 2009 but Detroit auto troubles
could change timetable and support.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Labor-Management Relation Issues
Employee Free Choice Act
Legislation may be introduced today.
Amends the National Labor Relations Act to change the
procedures under which employees choose to join or not to
join a union.
Washington Outlook: A New Congress,
New Administration and New HR Public
Policy Issues
Requires the employer to recognize a union if the union
Michael Aitken • March 9,
obtained signed authorization cards (card checks) from 2009
the relevant collective
more than 50 percent of SHRM Employment Law & Legislative Conference
bargaining unit.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Labor-Management Relation Issues
Requires the union and employer to enter into binding
arbitration on the terms of an agreement if the union and
the employer were unable to reach a contract within 120
p y
days (90 days of negotiations and 30 days of mediation on a
first contract). Washington Outlook: A New Congress,
New Administration and New HR Public
Policy Issues
Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Labor-Management Relation Issues
Executive Orders – Federal Contractor
Regulations
y , ,
On January 30, 2009, President Obama issued 3 Executive
Orders (EOs) affecting federal contracting:
Washington Outlook: A New Congress,
New Administration and New HR Public
Nondisplacement of Qualified Workers Under Service
Contracts Policy Issues
Michael Aitken Federal Labor
Notification of Employee Rights Under • March 9, 2009
Laws SHRM Employment Law & Legislative Conference
Economy in Government Contracting
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Labor-Management Relation Issues
p Q
Nondisplacement of Qualified Workers Under
Service Contracts
Government contracts must include language requiring the
Washington Outlook: A New right of
successor contractor to offer existing employees aCongress,
first refusal of employment.
New Administration and New HR Public
Policy Issues
DOL will investigate and enforce the rule and violations
Michael Aitken • March 9, 2009
debarment.
may result in contractor debarment
SHRM Employment Law & Legislative Conference
Applies to contracts resulting from solicitations on or after
the final l issued.
th fi l rules are i d
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Labor-Management Relation Issues
p y g
Notification of Employee Rights
Government contracts must include language requiring
contractors to post a notice containing certain information
required by DOL.Washington Outlook: A New Congress,
New Administration and New HR Public
DOL will investigate any complaints and the sanctions may
Policy Issues
include cancellation of or debarment from federal contracts.
Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Applies to contracts resulting from solicitations on or after
the final rules are issued.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Labor-Management Relation Issues
y g
Economy in Government Contracting
Prohibits contractors from charging the government for any
costs associated with persuading employees on whether or
not to join a union.
Washington Outlook: A New Congress,
New Administration and New HR Public
EO lists the following as unallowable expenses:
Policy Issues
Preparing and distributing materials.
Michael Aitken • March 9, 2009
Hiring or consulting legal counsel or consultants.
g g g
Holding meetings.SHRM Employment Law & Legislative Conference
Applies to contracts resulting from solicitations on or after
the final rules are issued.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Labor-Management Relation Issues
Other Key Issues
RESPECT Act: Narrows the definition of “supervisor” under
the NLRA.
Washington Outlook: A New Congress,
New Administration and New HR Public
Policy Issues
Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Workplace Flexibility/Leave Benefit Issues
Workplace Flexibility / Leave Benefits
Key issue during the presidential campaigns.
2009.
New FMLA regulations went into effect in January 2009
Washington Outlook: A New Congress,
Lots of “pressure” to expand FMLA benefits and require
New paid sick leave
employers to provideAdministration and New HR Public
leave.
Policy Issues
Michael Aitken • March 9, in
Legislation to mandate paid sick leave could be debated 2009
2009.
Congress in early 2009
SHRM Employment Law & Legislative Conference
Michelle Obama is reportedly concerned about the issue of
work life
work-life balance.
New White House task force was recently created headed
by Vice President Biden.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Workplace Flexibility/Leave Benefit Issues
Healthy Families Act
Identified as a key priority for the Senate Health
Education Labor and Pension Committee Chair Ted
Kennedy (D-MA).
Washington Outlook: A New Congress,
New on the issue last and
House held hearings Administrationweek. New HR Public
Policy Issues
Requires an employer to provide paid sick leave to full and
Michael Aitken • March 9, 2009
part time employees.
SHRM Employment Law & Legislative Conference
Provides for civil right of action against an employer for
requirement.
violations of the paid leave requirement
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Workplace Flexibility/Leave Benefit Issues
Sick leave may be used for:
A physical or mental illness of the employee;
A doctor’s visit or medical visit or diagnosis for the
employee;Washington Outlook: A New Congress,
New Administration spouse or HR
Caring for a child, a parent, or a and Newany Public
other individual related by blood or affinity that isIssues
Policy
the equivalent of a family relationship.
Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Allows an employer to meet an “equivalency test” if
the employer offers a similar leave that covers the
requirements of the Act.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Workplace Flexibility/Leave Benefit Issues
(H.R.
The Family Leave Insurance Act (H R 824)
Sponsored by Representative Carolyn Maloney (D-
NY).
Washington Outlook: Medical Congress,
Amends and expands the Family and A New Leave
Act. New Administration and New HR Public
Policy Issues
Amends FMLA to cover employers with 25 or more
employees. Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Workplace Flexibility/Leave Benefit Issues
Allows up to 24 hours in a 12-month period for parental
involvement and family wellness leave.
30-day
Prohibits more than 4 hours of leave during any 30 day
period.
Washington Outlook: A New Congress,
New Administration and New HR Public
Provides employee leave to participate/attend school
Policy Issues
or community sponsored activities of child or
grandchild.
Michael Aitken • March 9, 2009
Allows employee leave to meet routine family medical
SHRM Employment Law & Legislative Conference
needs of spouse, child or grandchild of employee or to
care for elderly relatives, including visits to
nursing/group homes.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Workplace Flexibility/Leave Benefit Issues
(H.R.
Family Friendly Workplace Act (H R 933)
Sponsored by Cathy McMorris Rodgers (R-WA).
Allows private employers to offer employees the choice
of receiving Washington Outlook: A New Congress,
pay or compensatory time off for working
overtime. New Administration and New HR Public
Policy Issues
Requires employee to have worked 1,000 hours within
the last 12 months to Michael Aitken • March 9, 2009
be eligible for comp time.
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Workplace Flexibility/Leave Benefit Issues
Employee may:
Accrue pay or time at a rate of one and one-half
times for each hour worked past 40.
Washington Outlook: A New Congress,
Accrue up to 160 hours of comp time in 12 months.
New Administration and New HR Public
Policy
Cash-out unused comp time with the employer Issues
Michael Aitken • March 9,
required to provide the cash-out within 30 days 2009
request.
after received the request
SHRM Employment Law & Legislative Conference
Use the accrued comp time within a reasonable
time after request as long as use of the comp time
does not unduly disrupt the operations of the
employer.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Workplace Flexibility/Leave Benefit Issues
Employer:
Able to cash-out accrued comp time in excess of
80 hours after providing employee 30 days written
notice. Washington Outlook: A New Congress,
New Administration and New HR Public
Required to cash-out unused comp time at the
higher of the regular rate at which time Policy Issues
was
Michael Aitken • March 9, 2009
earned or the final regular rate.
SHRM Employment Law & Legislative Conference
Permits employers to offer comp-time program only if
(1) it is part of a collective bargaining agreement or (2)
the employer and employee voluntarily agree in writing
to the programs prior to the performance of work.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Workplace Flexibility/Leave Benefit Issues
Other Key Issues
Family Leave Insurance Act: Provides 8 weeks of
paid leave to employees for the types of leave permitted
under the Family and Medical Leave Act.
Washington Outlook: A New Congress,
New Administration and New HR Public
Policy Issues
Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Employment Verification Issue
Employment Verification
Failed in the last Congress because both Republicans
and Democrats were divided on the immigration issue.
More states are moving forward with verification rules
of their own.Washington Outlook: A New Congress,
New Administration and New HR Public
Comprehensive immigration reform is not likely until
2011 - 2012.
Policy Issues
Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Employment Verification Issue
y
E-Verify Extension
Employment verification system known as E-Verify
expires in March 2009 but will likely be extended
year.
through the year
Washington Outlook: requirement that
SHRM filed a lawsuit to prevent a newA New Congress,
all federal contractors must use E-Verify. New HR Public
New Administration and
Policy use
Pending regulations requiring federal contractors toIssues
Michael Aitken • 2009 as a
E-Verify have been delayed until May 21, March 9, 2009
SHRM s regulations.
result of SHRM’s lawsuit on the regulations
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Health Care Reform Issues
Health Care Reform Issues
Number 2 or 3 issue for the public.
President Obama has said health care reform would be
one of his priorities, but other major issues, such as the
Washington Outlook: A New Congress,
Economic Stimulus Package, has delayed action.
and New HR Public
Withdraw of New Administration Daschle, a health
former Majority Leader Daschle
Policy Issues
care reform advocate, as Secretary of HHS has slowed
down effort. Michael Aitken • March 9, 2009
SHRM moving forward with health
However, President call for Employment Law & Legislative Conference
care reform in his joint presentation to Congress in late
y
February.
Expansion of State Children’s Health Insurance Plan
(SCHIP) signed into law in February.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Health Care Reform Issues
Health Care Reform Issues
Number 2 or 3 issue for the public.
President Obama has said health care reform would be
one of his priorities, but other major issues, such as the
Washington Outlook: A New Congress,
Economic Stimulus Package, has delayed action.
New Administration and New HR Public
Daschle,
Withdrawal of former Majority Leader Daschle a health
Policy Issues
care reform advocate, as Secretary of HHS has slowed
down effort. Michael Aitken • March 9, 2009
SHRM Employment forward with Conference
However, President called for movingLaw & Legislative health
care reform in his joint presentation to Congress in late
y
February.
Expansion of State Children’s Health Insurance Plan
(SCHIP) signed into law in February.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Health Care Reform Issues
Uninsured
15%
Medicaid/
Employer- Other Public
Sponsored 13%
Insurance Washington Outlook: A New Congress,
53%
New Administration and New HR Public
Medicare
Policy Issues
14%
Michael Aitken • March 9, 2009
Private Non-
Group
SHRM Employment Law & Legislative Conference
5%
NOTE: Includes those over age 65. Medicaid/Other Public includes Medicaid, SCHIP, other state programs, and
military-related coverage. Those enrolled in both Medicare and Medicaid (1.7% of total population) are shown
as Medicare beneficiaries.
SOURCE: Kaiser Commission on Medicaid and the Uninsured/Urban Institute analysis of March 2008 CPS
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Health Care Reform Issues
Which comes closer to describing your own views?
Given the economic challenges facing the country…
…it is more
p
important than
ever to take on
health care reform we cannot
Washington Outlook: A New Congress,
62%
take on
HR Public
New Administration and New health care
Policy Issues
reform right
34% now
Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
4%
Don’t Know/ Refused
Note: Among registered voters in October 2008.
Source: Kaiser Health Tracking Poll: Election 2008 (conducted Oct 8-13, 2008).
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Health Care Reform Issues
Washington Outlook: A New Congress,
New Administration and New HR Public
Policy Issues
Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Health Care Reform Issues
Health Care Reform Issues
President Obama’s preferred reform plan is modeled
after Massachusetts Health Care Plan:
- Require all children to have health insurance.
employers to Outlook: A New Congress,
- Require all Washingtonoffer employee health
benefits orNew Administration and New HR Public
contribute to the cost of a new public
program. Policy Issues
Michael
- Expand Medicaid and SCHIP. Aitken • March 9, 2009
Health Insurance Exchange
- Create the National SHRM Employment Law & Legislative Conference
through which small businesses and individuals
without coverage could enroll in a new p
g public p plan.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Health Care Reform Issues
y Questions
Key Health Care Reform Q
Delivery Model: Public / private system or single-payer or
individual-based system.
Employer Role: Voluntary nature of the employer-based
Washington Outlook:
system vs. “pay or play” requirement. A New Congress,
New Administration and obtain
Individual Role: Require all individuals to New HR Public
Policy Issues
coverage vs. limited (children) or no individual mandate.
Michael Aitken • March 9, 2009
Financing: Pay for reforms vs. further deficit spending.
SHRM Employment Law & Legislative Conference
Cost Containment: Cost and quality transparency or
prevention and wellness.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Tax Stimulus Issues
y
American Recovery and Reinvestment Act
(P.L.111-5)
g y
Signed into law by President Obama on February 17,y ,
2009 the massive $788 billion stimulus bill is aimed at
Washington Outlook: A New Congress,
addressing the ailing economy.
New Administration and New HR Public
ARRA, however, contains several provisions of interest
to the HR community.
Policy Issues
Michael Aitken • March 9, 2009
Legislation id a 65% premium subsidy f
i id for
L i l ti provides SHRM Employment Law b Legislative Conference
&
COBRA up to 9 months for individuals who are
unemployed beginning September 1, 2008.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Tax Stimulus Issues
Individuals with income less than $125,000 (single) or
$250,000 (couples) are eligible for the COBRA
premium assistance, along with their family.
Qualified individuals, who initially decline COBRA
Washington Outlook: A New Congress,
coverage, would be given an additional 60 days after
New Administration and New HR
they receive notice of the special election period to Public
elect to receive the subsidy. Policy Issues
Michael Aitken • March 9, 2009
1.
COBRA provision became effective March 1
SHRM Employment Law & Legislative Conference
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Tax Stimulus Issues
ARRA also provides $119 billion in financial incentives
and future penalties to hospitals and medical facilities
to implement health information technology programs.
Standards for the nationwide electronic exchange of
health information would be developed by 2010. Bill
Washington Outlook: A New Congress,
also expands current federal privacy and security
New Administration and New HR Public
protections for health information.
Policy Issues
Michael Tax Credit creating two
Expands the Work Opportunity Aitken • March 9, 2009
new categories of individuals eligible for the credit:
SHRM Employment Law & Legislative Conference
unemployed veterans and disconnected youth who
begin work for the employer in 2009 or 2010. The
proposal is effective for individuals who begin work for
an employer after December 31, 2008.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Tax Stimulus Issues
Creates a “Making Work Pay” refundable tax credit
that would provide up to $400 for individuals and up to
$800 for working families. This tax credit is calculated
t t f 6 2% f di d ld h
at a rate of 6.2% of earned income, and would phase
out for taxpayers with adjusted gross income in excess
Washington Outlook: A New Congress,
of $150,000 for couples filing jointly and $75,000 for
single filersNew Administration and New HR Public
filers.
Policy Issues
Taxpayers will receive this benefit through a reduction
Michael Aitken • March 9, 2009
in the amount of income tax that is withheld from their
SHRM Employment Law & on their tax
paychecks, or through claiming the credit Legislative Conference
returns.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Tax Stimulus Issues
Prohibits organizations that receive funds under the
TARP or certain federal loans from obtaining H-1B
visas for two years unless they have taken good faith
t t it U S k f th j b i hi h the H-
steps to recruit U.S. workers for the job in which th H
1B is sought. TARP beneficiaries would be required to
Washington Outlook: A New Congress,
offer the job to any equally or better qualified U.S.
New Administration and New HR Public
applied.
workers who have applied
Policy Issues
Provision to reauthorize E-Verify for 4 years and one2009
Michael Aitken • March 9,
that would have required federal contractors that
SHRM use E-Verify system were
receive stimulus money toEmployment Law & Legislative Conference
dropped from the final bill.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Tax Stimulus Issues
Extend the period for individuals to collect
unemployment benefits under the recently enacted
Unemployment Compensation Act of 2008 (Public Law
110-449) to M 31 2010. The benefits and
110 449) t May 31, 2010 Th b fit d
administration costs would be funded through the
Washington Outlook: A New Congress,
general fund of the Treasury rather than the Federal
New Administration and
Unemployment Tax Act (FUTA) surtax. New HR Public
surtax
Policy Issues
Increase the unemployment benefit by $25 per week2009
Michael Aitken • March 9,
and would be available to all individuals receiving
SHRM Employment Law & benefits or
regular unemployment benefits, extendedLegislative Conference
emergency unemployment benefits.
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Tax Stimulus Issues
Provides $7 billion in funding to states to modernize
their unemployment compensation systems.
The funding is paid from the UI trust fund and an
extension of the FUTA surtax, paid by employers.
Washington Outlook: A New Congress,
States must adopt an “alternative base pNew HR Public
Newp Administration andperiod”
allowing workers to meet new eligibility requirements.
Policy Issues
Additionally, states would have to meet two of the
Michael Aitken
requirements below to access funds: • March 9, 2009
Family Related Needs Law & Legislative Conference
SHRM Employment
Job training
Part-time work
eek
Uniform 26 week
Child Assistance
Washington Outlook: A New Congress, New
Administration and New HR Public Policy Issues
Contact Information
Mike Aitken
Mike.Aitken@shrm.org Congress,
Washington Outlook: A New
New Administration and New HR Public
703-535-6027
703 535 6027 Policy Issues
Michael Aitken • March 9, 2009
SHRM Employment Law & Legislative Conference
