Labor and Employment Archives

Jul 26, 2017

Senate Votes Again On Health Care: Is There an End Game?

Late Tuesday, the Senate voted by a narrow margin (a 51-50 vote that required a tie-breaking vote from Vice President Mike Pence) to debate health care reform. Just seven hours later, as expected, the Better Care Reconciliation Act (BCRA) failed on a 43-57 vote. Nine Republican senators voted “no” on the BCRA, as did all Democrats. The Republicans were Susan Collins of Maine, Rand Paul of Kentucky, Lindsey Graham of South Carolina, Dean Heller of Nevada, Bob Corker of Tennessee, Jerry Moran of Kansas, Lisa Murkowski of Alaska, Tom Cotton of Arkansas and Mike Lee of Utah. This version of BCRA… Read more

Jul 25, 2017

Breaking News: ACA Repeal Advances In Senate

Efforts to repeal the Affordable Care Act(ACA) advanced in the Senate today, as Republicans voted to open debate on the controversial legislation. It was a 51-50 vote, with Vice President Mike Pence casting a tiebreaker.

Jul 25, 2017

Senator McCain To Return for Showdown on Health Care

Senator John McCain (R., Arizona), recently diagnosed with brain cancer, has confirmed that he will return to the Senate this afternoon to vote on bringing health care reform to the floor for debate. Specifically, Senate Majority Leader Mitch McConnell (R., Kentucky) is expected to ask for a procedural vote to approve debate on the Senate’s version of the “repeal and replace” and/or “repeal” bill regarding the Affordable Care Act (ACA). This vote is needed to continue the Republicans’ 7- year promise to repeal and replace the ACA.

Jul 20, 2017

Health Care “Repeal and Replace” Becomes “Repeal, and Replace Later”

After the collapse this week of the Senate’s version of the “repeal and replace” legislation, the Better Care Reconciliation Act (BCRA), a “repeal and replace in 2 years” bill was introduced in the Senate on July 19, 2017. The “Obamacare Repeal Reconciliation Act of 2017” (ORRA) is based on a repeal bill passed in 2015 by the House of Representatives and the Senate but vetoed by then-President Obama. The ORRA would repeal various provisions of the Affordable Care Act (Obamacare) but delay the effective date of repeal for two years, during which Congress would craft replacement legislation. Assuming the Senate… Read more

Jul 18, 2017

Senate Calls Off Replace, Now Focuses of Repeal of Obamacare

Last night, Senator Mitch McConnell admitted defeat of the Senate’s health care bill, the Better Care Reconciliation Act (BCRA). “Regretfully, it is now apparent that the effort to repeal and immediately replace the failure of Obamacare will not be successful,” he admitted after two more Republican Senators, Mike Lee of Utah and Jerry Moran of Kanas, announced that they will be voting “no” on the bill. This defeat comes after the decision on Monday to delay the vote as Senator John McCain, a supporter of the bill, recovers from removal of a blood clot above his left eye. Now, Senator… Read more

Jul 14, 2017

Is the New Senate Health Care Bill Already on Life Support?

As soon as the revised health care bill was introduced yesterday, criticism began and the margin for passage may already be compromised. Two Republican senators, moderate Susan Collins of Maine and conservative Rand Paul of Kentucky, have already announced they were not swayed by the revised bill. Republicans must have 50 out of 52 Republican Senators voting for the bill. As mentioned in my blog yesterday, the revised bill includes an amendment from Senator Ted Cruz (R., Tx.) which would allow insurers to sell “skimpy” plans, as long as they also offer at least one which meets the Affordable Care… Read more

Jul 13, 2017

Version 2.0 of Health Care Bill to be Introduced in the Senate Today

As discussed in my blog yesterday, Republican Senators will be introducing a newly revised health care bill today. According to reports from multiple media sources, the bill will include cuts to Medicaid, expansion of the use of health savings accounts and tax credits, and additional funding for states to fight the rising opioid addiction epidemic. Additional funding is also expected to be included beyond the $62 billion currently allocated to states to help low-income individuals afford health care coverage. It is also expected to retain the 3.8% investment tax and the 0.9% Medicare surtax on upper-income earners (see details in… Read more

Jul 12, 2017

Summer Vacation Delayed-Senate to Focus on Health Care Bill

Late yesterday, Mitch McConnell, Senate Majority Leader (R.KY.) announced that the Senate will delay its summer recess for two weeks. The AP (7/11, Taylor) reported that McConnell promised “to wrap up” the Senate’s ACA repeal bill “next week, but a number of neglected items have been left in health care’s wake as that bill has been repeatedly delayed.” The article adds, “Little progress has been made on other legislation, and the Kentucky Republican says the chamber would work on the annual defense policy measure and, perhaps, must-do legislation to increase the government’s borrowing authority.” The revised health care bill, the… Read more

Jun 30, 2017

Department of Labor to Revise Overtime Rule

On June 30, 2017, the United States Department of Labor (“DOL”) told the Fifth Circuit Court of Appeals that it plans to revise the 2016 Final Rule (“Final Rule”) that set forth the salary level for employees to qualify for overtime exemption under the Fair Labor Standards Act (“FLSA”). In its brief, the DOL requested that the court “not address the validity of the specific salary level set by the 2016 final rule ($913 per week), which the Department intends to revisit through new rulemaking.” Under the FLSA, employees are exempt from minimum wage and overtime protections if they are… Read more

Jun 28, 2017

Department of Labor Reinstates Opinion Letters

The United States Department of Labor (“DOL”) announced on June 27, 2017 that it will reinstate issuance of Opinion Letters by its Wage and Hour Division to assist employers and employees in interpreting laws such as the Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act (“FLSA”). These opinion letters will replace the more general Administrator Interpretations (“Interpretations”) that have been used by the DOL since 2010. This is a welcome change for employers as Opinion Letters provide much more specific feedback regarding an employer’s employment practices. The previously used Interpretations set forth general guidance related to… Read more