Brian Dake

Business Lobby Defeats Biden Labor Nominee in Senate

Business groups celebrated this week after the Senate rejected David Weil, President Biden’s pick to run the Labor Department’s Wage and Hour Division.

The Senate failed to advance Weil’s nomination by a 47-53 vote on Wednesday night, with Democratic Sens. Joe Manchin (W.Va.), Kyrsten Sinema (Ariz.) and Mark Kelly (Ariz.) joining all Republicans in blocking Biden’s nominee.

Weil, who previously held the wage division post in the Obama administration from 2014 to 2017, issued rules to reclassify independent contractors as employees and attempted to hold corporations accountable for their franchisees’ labor practices during his previous tenure.

Business groups, including the National Restaurant Association and National Association of Wholesaler-Distributors, centered their lobbying efforts around the three moderate Democrats who ultimately sank Weil’s nomination.

They warned that Weil would use his broad powers to bypass Congress and implement sections of the PRO Act, a sweeping pro-labor bill opposed by the business lobby that remains stalled in the Senate due to GOP opposition.

Weil, who is currently dean of the Heller School for Social Policy and Management at Brandeis University, has long complained that the franchise model allows corporate giants to dodge accountability and is a fierce critic of gig companies such as Uber and Lyft.

U.S. Department of Labor Announces Proposed Rule to Amend Federal Occupational Injury, Illness Recordkeeping Regulation

The U.S. Department of Labor’s Occupational Safety and Health Administration is proposing amendments to its occupational injury and illness recordkeeping regulation. The current regulation requires certain employers to electronically submit injury and illness information – that they are required to keep – to OSHA. The agency uses these reports to identify and respond to emerging hazards and makes aspects of the information publicly available.

In addition to reporting their Annual Summary of Work-Related Injuries and Illnesses, the proposed rule would require certain establishments in certain high-hazards industries to electronically submit additional information from their Log of Work-Related Injuries and Illnesses, as well as their Injury and Illness Incident Report.

As part of OSHA’s mission to protect workers and mitigate workplace hazards, this rule would improve OSHA’s ability to use its enforcement and compliance assistance resources to identify workplaces where workers are at high risk. The proposed rule would also advance the department’s mission to empower workers by increasing transparency in the workforce.

The proposed rule would:

  • Require establishments with 100 or more employees in certain high-hazard industries to electronically submit information from their OSHA Forms 300, 301 and 300A to OSHA once a year.
  • Update the classification system used to determine the list of industries covered by the electronic submission requirement.
  • Remove the current requirement for establishments with 250 or more employees not in a designated industry to electronically submit information from their Form 300A to OSHA annually.
  • Require establishments to include their company name when making electronic submissions to OSHA.

Establishments with 20 or more employees in certain high-hazard industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA annually.

Inflation Tops List of Issues for Voters Ahead of Midterm

Inflation is the issue voters are most concerned about heading into the midterms even amid concerns about the war in Ukraine and the coronavirus pandemic, according to a new Harvard CAPS/Harris Poll.

Thirty-two percent of voters in the poll said inflation is the most important issue facing the country, followed by 27 percent who said the top issue was the economy and jobs and 21 percent who said immigration.

Seventy-six percent of voters said they have been impacted by inflation somewhat or a lot. Forty-six percent of voters also said they anticipate inflation to stay high and 35 percent said they feared it would go even higher.

Inflation has been spiking in recent months, hitting a 40-year high of 7.9 percent earlier in March. The surge has been fueled by a rise in prices in food, energy, shelter and a broad range of consumer goods.

The Harvard CAPS/Harris Poll survey of 1,990 registered voters was conducted from March 23-24. It is a collaboration of the Center for American Political Studies at Harvard University and the Harris Poll.

57% of American Households Paid No Income Tax Last Year, Study Shows

More than half of U.S. households paid no federal income taxes in 2021, a temporary spike attributed to massive COVID-19 relief spending in the form of tax credits and stimulus payments.

A recent analysis from the nonpartisan Urban-Brookings Tax Policy Center estimated that 57% of Americans paid no taxes last year. While that’s down slightly from last year’s 60%, it marks a significant increase from the 44% recorded before the pandemic began.

The increase stems from the pandemic-driven surge in government spending, including three stimulus checks, expanded federal unemployment aid and the expanded child tax credit.

Because the stimulus checks were designed as refundable tax credits, they significantly reduced tax liability in both 2020 and 2021, the analysis said. And in some cases, the checks flipped some households from paying income tax to not doing so.

Essentially, no household making less than $28,000 paid federal income tax last year, nor will a majority – about 75% – of those making between $28,000 and $55,000. Among middle-income households, about 43% paid no federal income tax.

Still, while many households did not pay federal income tax, most Americans still owed payroll or state income taxes. The study shows that about four out of five individuals paid at least one of these taxes. Nearly everyone paid the government in another form, whether through state and local sales taxes, excise taxes, property taxes or state income taxes.

In Hot Housing Market, Real Estate Transfer Revenues Near All-Time High

The real estate transfer fee is imposed on the person selling or granting real estate and equals $3 for every $1,000 of the value of real estate property being transferred. The vast majority of these transfers are property sales. Certain transactions are exempt from the fee, such as those by units of government, property transferred as gifts, or between spouses. The fee is collected at the county level by the register of deeds, and revenue proceeds are split between the state’s general fund, which receives 80%, and the county, which receives 20%.

State and local revenues from fees on transfers of real estate in Wisconsin increased 37% in fiscal year 2021, the largest annual increase in nearly four decades. This was driven by robust increases in real estate sales and residential property values during the COVID-19 pandemic. The increase benefits state government at a time of fiscal strength, which may suggest consideration of options to share the wealth.

After rising rapidly during the real estate bubble of the mid 2000s, transfer fee revenues plunged sharply during the financial crisis and housing collapse of the Great Recession and slowly rebounded from 2011 to 2018 before plateauing the following two years. Department of Revenue data show the volume of real estate transfers and other information, such as the value of the properties, by calendar year from 2016 to 2021. At a statewide level, the number of transfers roughly held steady from calendar 2016 to 2018, ticked down slightly in 2019, then increased 5.5% in 2020 and 11% in 2021.

While the increased volumes of transfers certainly contributed to the sharp increase in fee revenues in 2021, soaring real estate values also played a key role. The growth was driven primarily by residential values, which showed strong growth throughout the five-year period from 2016 through 2021 – with a particularly pronounced uptick amid the pandemic in 2020-21.

The median value of single-family residential properties transferred in Wisconsin increased from $126,500 in 2016 to $170,000 in 2021, or 34.4%. More than half of the increase came in 2020 and 2021, the data show, with statewide increases of 7.7% and 7%, respectively.

 

U.S. Supreme Court Upholds Wisconsin’s Congressional Redistricting, Rejects Legislative Maps

The United States Supreme Court ruled March 23 that redistricting maps for the state legislature created by Governor Tony Evers under a Wisconsin Supreme Court-ordered “least change” requirement contain a racial gerrymander. The nation’s top court sent the maps back to the state’s top court, and ordered it to hold proceedings to fix these maps or approve different ones.

At the same time, the U.S. Supreme Court denied a request to overturn the “least change” congressional maps submitted by Evers and approved by a majority on the Wisconsin Supreme Court, meaning those new district boundaries will be in place for the fall 2022 election.

The issue at the heart of the legislative maps is whether it was lawful to expand the number of Milwaukee-area Assembly seats with a majority of Black voters. In the maps approved in 2011, there have been six districts with a majority of Black voters. The maps submitted by Evers would increase that number to seven districts, by adjusting the lines and lowering the percentage of Black voters in each district to just above the 50% mark.

After the Wisconsin Supreme Court approved the governor’s “least change” legislative maps, Republican lawmakers and a conservative legal group asked the U.S. Supreme Court to step in, saying the Evers maps illegally used race as a primary factor in drawing the district lines.

The issue of the legislative maps now returns to the Wisconsin Supreme Court, which may pursue a number of options.

“On remand, the court is free to take additional evidence if it prefers to reconsider the Governor’s maps rather than choose from among the other submissions,” stated the U.S. Supreme Court’s order.

Essentially, the Wisconsin high court can ask parties to submit a revised version of the Evers maps that would keep the number of majority Black districts at six, or it could reverse its earlier decision and choose the maps submitted by the Republicans in the state Legislature, which contained six black districts in Milwaukee.

U.S. Rolls Back Tariffs on U.K. Steel

The United States has agreed to ease Trump-era tariffs on United Kingdom steel and aluminum shipments. In exchange, the United Kingdom will suspend extra taxes it had put on United States products such as bourbon and Levi’s jeans.

Under the agreement, the US will replace the 25% tariffs on steel with a quota system. The policy will let United Kingdom metal imports into the country duty-free up to a certain level – the quota – before taxes kick in again.

The deal will go into effect June 1.

United States officials also welcomed the suspension of the UK retaliatory tariffs, which they said affected about $500m worth in annual trade.

The United States and the United Kingdom traded more than $260 billion worth of goods last year, of which the majority were exports from the United States such as metals, aircraft parts, oil and gas.

While America accounts for nearly one fifth of total United Kingdom trade, the United Kingdom market represents just 5% of United States exports.

White House Meets with Oil, Bank, Other Companies about Russia Invasion

President Biden and other administration officials on Monday met with executives from various industries including oil companies, clean energy firms and major banks about the ongoing conflict between Russia and Ukraine.

A White House readout of the meeting said that National Security Advisor Jake Sullivan, Senior Advisor Cedric Richmond, National Economic Council Director Brian Deese, Treasury Secretary Janet Yellen and Commerce Secretary Gina Raimondo met with the CEOs of 16 major companies to discuss the latest developments of Russia’s invasion of Ukraine.

The readout said that officials “conveyed the Administration’s commitment to continue imposing heavy costs on [Russian President Vladimir] Putin to degrade Russia’s war machine and support the people of Ukraine, while taking concrete actions to mitigate the price increases on American consumers caused by Putin’s action”

It said they also discussed the need to “work together” on disruptions to global markets and supply chains, especially energy and agriculture, and identify alternative sources of key products. And it said they all committed to “close communication” going forward.

Existing Home Sales Fall in February

Homebuying activity faded in February.

Existing home sales declined 7.2% to a seasonally adjusted 6.02 million units in February from a month earlier, according to the National Association of Realtors (NAR). The number of sales was down 2.4% from the same month a year ago. January home sales figures were revised slightly down to 6.49 million from 6.5 million.

“The latest decline is of larger magnitude than normal,” said Lawrence Yun, chief economist at NAR, noting that anything above 5% is considered a big swing.

Sales in all four regions of the U.S. fell, with the Northeast and Midwest leading the declines by recording a 11.5% and 11.3% drop, respectively. Sales fell 5.1% in the South and 4.7% in the West.

The median existing-home price for all housing types in February rose 15% to $357,300, up 15.0% from February 2021, as prices grew in each region. This marks 120 consecutive months of year-over-year increases, the longest-running streak on record.

“After 10 consecutive years of home price increases, the current U.S. median home sales price is more than double the $155,600 median in February 2012 when home prices began their current streak,” said Realtor.com Chief Economist Danielle Hale in a press statement.

“Housing affordability continues to be a major challenge, as buyers are getting a double whammy: rising mortgage rates and sustained price increases,” said Yun. “Some who had previously qualified at a 3% mortgage rate are no longer able to buy at the 4% rate.”

Federal Appeals Court Revives Key Climate Measure

The 5th Circuit Court of Appeals on Wednesday stayed a district judge’s injunction against President Joe Biden’s social cost of carbon, reinstating the metric used to measure the climate impacts of rulemakings and projects.

The social cost of carbon, which is used by the federal government when issuing regulations, approving infrastructure projects or taking other actions, is an estimate of the present and future damages resulting from emitting one ton of the greenhouse gas into the atmosphere. Climate activists hope a higher estimate will significantly increase the value assigned to pollution reductions, which in turn will help justify stronger climate regulations.

The stay allows EPA, the Departments of the Interior, Energy and Transportation and other federal agencies to resume using the interim SCC figures in rulemakings and other decisions. At least one major rule, regarding emissions from heavy-duty trucks was published without quantifying its climate benefits because of the injunction.

The stay is pending a fuller appeal of the injunction, but the order issued on Wednesday indicates the appellate court is not amenable to Louisiana’s arguments.