| | | | | |  | | By Eleanor Mueller | With help from Daniel Lippman | | | AND WE'RE OFF: 2022 is starting with a bang — at least in the world of labor, where Congress returns this week in hopes of finally clearing President Joe Biden's trillion-dollar social spending bill. But that's far from all we'll be tracking. The Supreme Court is slated to kick off a special session Friday, when justices will hear arguments on the White House's vaccinate-or-test requirement for large employers and a separate vaccine requirement for health care workers. Not the norm: "Both sets of cases had been on what critics call the court's shadow docket, in which the court decides emergency applications, sometimes on matters of great consequence, without full briefing and argument," The New York Times' Adam Liptak explains. "The court's decision to hear arguments on the applications may have been a response to mounting criticism of that practice." "The Supreme Court has repeatedly upheld state vaccine mandates in a variety of settings against constitutional challenges," Liptak writes. "But the new cases are different, because they primarily present the question of whether Congress has authorized the executive branch to institute the requirements." Let's review: "A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati ruled 2-1 [last month] that the vaccine or testing regime for workers at larger companies could take effect," the Associated Press reports. The plan, which "requires workers at larger companies to be vaccinated or wear face masks and get tested weekly," stands to affect some 84 million workers. "The high court will have to grapple with whether the Occupational Safety and Health Administration has the authority to impose such a requirement." Meanwhile: "The high court also will hear arguments over a rule published Nov. 5 by the Centers for Medicare & Medicaid [Services] that applies to a wide range of health care providers that receive federal Medicare or Medicaid funding. It requires their workers to receive the first dose of a COVID-19 vaccine by Dec. 6 and be fully vaccinated by Jan. 4. It was projected to affect more than 17 million workers in about 76,000 health care facilities as well as home health care providers. Decisions by the New Orleans-based 5th U.S. Circuit Court of Appeals and St. Louis-based 8th U.S. Circuit Court of Appeals as well as a federal judge in Texas have the mandate blocked in about half of states." RELATED: "Senate GOP introduces resolution to nix Biden health worker vaccine mandate," from The Hill GOOD MORNING, and Happy New Year! It's Monday, Jan. 3. Welcome back to Morning Shift, your triweekly tipsheet on employment and immigration news. Send feedback, tips and exclusives to emueller@politico.com. Follow me on Twitter at @eleanor_mueller. | | | BUSINESSES HOPE FOR OMICRON LIFELINE: The Omicron variant surge is energizing a lobbying push for billions of dollars of new aid for struggling employers and their workers, our Zachary Warmbrodt reports. "The question Congress will face when it returns [today] is whether the latest Covid-19 wave justifies a new rescue beyond the $1 trillion of emergency small business assistance lawmakers have approved since March 2020," he writes. "Most of the programs have been tapped out or are winding down. The giant Paycheck Protection Program stopped accepting applications for aid in May, and the Covid Economic Injury Disaster Loan program closes to applicants this month." "Groups representing restaurants, gyms and other businesses have been warning for months that their members still need help because the earlier programs didn't meet their needs and economic headwinds have persisted, including rising costs and staffing shortages. They believe Omicron could be a wake-up call for Congress and lobbyists see a window of opportunity now that President Joe Biden's social spending and climate plan is in limbo." SPEAKING OF… Senate Majority Leader Chuck Schumer is vowing a vote on the sprawling social policy and climate package this month in the wake of Sen. Joe Manchin's declaration that he can't support the House-passed version. "Even before Manchin's bombshell, the parliamentarian's vetting was already expected to spill into January," our Jennifer Scholtes and Caitlin Emma reported on Christmas Eve. "Now that Democrats may have to revamp the bill, that litigating is sure to drag out." "No matter what happens [this] month, Republicans stand ready to push for the removal of major pieces of the legislation, citing incompatibility with the strict rules of the budget maneuver Democrats are using to steer the bill past a GOP filibuster." GOP SENATORS ASK BIDEN TO WITHDRAW WHD NOMINEE: Republican Sens. Mike Braun, Richard Burr, Bill Cassidy, Roger Marshall, Tim Scott and Jerry Moran are urging Biden to withdraw the nomination of David Weil to head DOL's Wage and Hour Division. "Small business entrepreneurs in this country deserve a Wage and Hour Division administrator that will work constructively alongside them," they wrote in a Dec. 29 letter. "The Senate has spoken this year that Dr. Weil is not the right fit for this position." The Republicans noted that the HELP Committee was unable to report Weil's nomination favorably when it was considered last year, and they outlined concerns with Weil's actions as WHD administrator under the Obama administration, including on overtime pay and joint employes. MORE HILL NEWS: "Capitol Police chief says force remains short-staffed," from POLITICO AND: "New law to combat forced labor in China sparks enforcement debate," from POLITICO | | | | STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today. | | | | | Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You'll also receive daily policy news and other intelligence you need to act on the day's biggest stories. | | | NLRB SHUTS DOWN CHALLENGE OF FORMER TOP LAWYER'S REMOVAL: The NLRB on Dec. 30 rejected an employer's claim that a complaint issued by General Counsel Jennifer Abruzzo was invalid because of how Biden removed former General Counsel Peter Robb from his post. Some context: The board declined to address the legality of Robb's removal in January in an earlier case, ruling instead that the issue should be resolved in federal court. But the Supreme Court's ruling in Collins v. Yellen, combined with Abruzzo's confirmation and the expiration of Robb's term on Nov. 17, made the majority comfortable with deciding that the "challenge to General Counsel Abruzzo's authority has no legal basis." Roll call: "If there were any conceivable doubt about General Counsel Abruzzo's authority, it necessarily ended with Robb's statutory term at the very latest (if not on the date of Abruzzo's post-confirmation appointment)," NLRB Chair Lauren McFerran and members Gwynne Wilcox and David Prouty wrote in their decision. John Ring and Marvin Kaplan disagreed, adhering instead to the ruling in the first case. MOVING UP AT DOL: Rajesh Nayak is now assistant secretary for policy at the department. He most recently was senior adviser at Labor. And: Richard Cesar is now director of intergovernmental affairs at DOL. He was previously the deputy director. MORE AGENCY NEWS: " Labor Secretary Marty Walsh talks about new vaccine rule, labor activism and threat of omicron," from The Washington Post | | | STAFFING SHORTAGES CAUSE MORE FLIGHT CANCELLATIONS: Covid-related staffing shortages, along with a winter storm, forced the cancellation of more than 2,300 U.S. flights by early Sunday afternoon, the Associated Press reports. Continuing the trend: "That followed Saturday's mass cancellations of more than 2,700 U.S. flights, and more than 4,700 worldwide. Saturday's single-day U.S. toll was the highest since just before Christmas, when airlines began blaming staffing shortages on increasing Covid-19 infections among crews." JOBLESS CLAIMS DROP BELOW 200K: The number of Americans applying for unemployment benefits fell below 200,000 last week — a positive sign for the labor market as the economy continues to recover. Omicron who? "The four-week average, which smooths out week-to-week volatility, fell to just above 199,000, the lowest level since October 1969," the Associated Press reports. "The numbers suggest that the fast-spreading omicron variant has yet to trigger a wave of layoffs." Pandemic low: "Altogether, 1.7 million Americans were collecting traditional unemployment aid the week that ended Dec. 18. That was the lowest since March 2020, just as the pandemic was starting to slam the U.S. economy, and down by 140,000 from the week before." MORE WORKPLACE NEWS: "'Two steps forward, one step back': Omicron threatens new economic slide for women," from your host | | | UNIONS PUSH BACK ON LAPSE OF HEALTH CARE RULE: AFL-CIO, National Nurses United and other large labor organizations are pushing back against OSHA's decision to let its emergency regulation governing health care workplaces amid Covid-19 lapse. Back it up: The rule, which required employers to create a transmission prevention plan, expired Dec. 21 — without the agency indicating whether it would replace the rule with a permanent one or "regard it as still in force," Bloomberg's Bruce Rolfsen reports. On Dec. 28, OSHA said it would officially withdraw the regulation as it continues work on a permanent one. What it said: "OSHA announced today that it is withdrawing the healthcare [emergency temporary standard] issued on June 21, 2021, with the exception of the recordkeeping requirements within the healthcare ETS, which remain in place under a separate provision of the Occupational Safety and Health Act," the agency said in a statement to Rolfsen. Attorneys representing employers told Rolfsen they are advising their clients to act as if it's still in effect. Nurses react: "It is unconscionable that OSHA would not make the Covid-19 health care ETS permanent," NNU Executive Director Bonnie Castillo said in a statement. "Without a permanent standard, we will see more preventable transmission of the virus, more hospitalizations, and more deaths … especially when we are now facing Delta and Omicron variants as well as flu season." NNU is planning a national day of action Jan. 13 "to draw attention to the failure of the federal government and employers to protect patients, nurses, health care and other front line workers." Union backup: "We strongly disagree with the Biden administration's decision to discontinue the enforceable OSHA ETS for health care workers," AFL-CIO, AFT, NNU, AFSCME, UFCW, United Steelworkers, RWDSU and SEIU said in a statement. "To protect workers now, we need to build on the emergency COVID-19 standard by making it permanent, not scrapping it altogether." MORE UNION NEWS: " Richard Trumka: The Labor Leader Who Told Hard Truths," from POLITICO Magazine | | | | DON'T MISS CONGRESS MINUTES: Need to follow the action on Capitol Hill blow-by-blow? Check out Minutes, POLITICO's new platform that delivers the latest exclusives, twists and much more in real time. Get it on your desktop or download the POLITICO mobile app for iOS or Android. CHECK OUT CONGRESS MINUTES HERE. | | | | | | | | At 9 a.m. The House meets in a pro forma session. At noon. The Senate meets. At 3 p.m. House Speaker Nancy Pelosi delivers the speaker's new year's update. | | | — "The Year in Labor Strife," from The New Yorker — "Publix to Offer Paid Parental Leave Starting in New Year," from Bloomberg — " 77% of workers with disabilities say their employer has done a better job supporting them since the pandemic started," from CNBC — "Maryland nonprofit helps employers and disabled adults work together," from The Washington Post — "Chip Makers Contend for Talent as Industry Faces Labor Shortage ," from The Wall Street Journal — "New Covid isolation guidance from the CDC leaves many workers feeling disposable," from NBC News — "As Europe leads on remote worker rights, will others benefit?" from Al Jazeera THAT'S ALL FOR MORNING SHIFT! | | | | Follow us on Twitter | | | | Follow us | | | | |
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