Local Coalition Sends WIOA Reauthorization Letter to Senate HELP Leaders
Washington Update
WIOA Reauthorization
On Monday, August 12, a coalition of organizations representing local government and the local workforce system, including The U.S. Conference of Mayors (USCM), sent a joint letter regarding Workforce Innovation and Opportunity Act (WIOA) reauthorization to Senate Health, Education, Labor, and Pensions (HELP) Chair Bernie Sanders (VT) and Ranking Member Bill Cassidy (LA). In the letter, the coalition lays out recommendations for WIOA reauthorization and points out several concerning aspects of the current WIOA reauthorization draft that would negatively impact local workforce development boards and local areas.
Click here to access the letter.
Appropriations
On Monday, August 12, House Freedom Caucus members urged House Republican leadership to push for a continuing resolution (CR) to keep the government funded through “early 2025” rather than approving an overall funding package ahead of the November elections. Members of the Caucus said House Republicans should return to Washington to continue working on passing all 12 appropriations bills, but if Congress is unable to do so in a matter of weeks, lawmakers should use a CR to extend government funding into the new year in order to avoid striking a lame duck government funding deal that would preserve “Democrat spending and policies well into the next administration.”While some Republicans have been pushing for a CR into early 2025 for some months now — with the hopes the GOP will possibly have unified control of the government following elections — GOP appropriators, such as House Appropriations Chair Tom Cole (OK), have stressed that waiting until next year to deal with government funding would be a mistake. Cole has pointed out that even if Republicans secure control of both chambers and the White House next year, any FY25 appropriators deal will still require bipartisan support to get through the Senate. Freedom Caucus conservatives also want to attach legislation to a stopgap that would expand proof-of-citizenship requirements to vote — something Senate Democrats and President Joe Biden will never accept.DOL
Overtime Rule
On Wednesday, August 7, a three-judge 5th U.S. Circuit Court of Appeals panel in New Orleans heard oral arguments in the case Mayfield v. U.S. Department of Labor. In his lawsuit, fast food restaurant entrepreneur Roberty Mayfield argues that Congress never authorized the Department of Labor (DOL) to do anything other than create the various job categories that would be exempt from overtime pay and it exceeded its congressional authorization by incorporating a salary threshold as part of the 2019 overtime rule. The panel appeared open to sending the lawsuit challenging the U.S. Department of Labor’s (DOL’s) overtime framework back to a lower judge for reconsideration.Last September, lower court Judge Robert Pitman dismissed the case, saying it had no choice but to defer to the Department of Labor’s regulations. Under the 40-year old Chevron standard, the judge said the Court must give the Department controlling weight when interpreting ambiguous regulations. Mayfield appealed that decision to the 5th Circuit, which heard oral arguments last week. During oral arguments, at least two of the three circuit judges questioned whether it was prudent to have Pitman reopen the case in light of the Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo earlier this summer, which overturned the so-called Chevron deference that judges previously afforded agency interpretations. Neither attorneys for DOL nor Robert Mayfieldsaid they thought such a step was necessary, however, the 5th Circuit recently remanded a case challenging a different DOL rule to a lower court, citing the end of the Chevron deference.A decision is expected late this year or early 2025, but it also wouldn’t be surprising if the appeals court issues a quick decision sending the case back down to the lower court and asking it to render a new decision given the change in legal landscape.
Skilled Workforce for America Act
On Monday, August 5, Senator Jacky Rosen (NV) introduced the Skilled Workforce for America Act, which would create a grant program at the U.S. Department of Education to fund workforce training courses at community colleges for jobs that are in-demand in local areas. Additionally, these programs would include wrap-around support services and mentorship to ensure that individuals enrolled in the courses can excel and leverage the skills they obtain into good-paying jobs that don’t require a college degree.
Click here to read the full press release on the bill.House
Education and the Workforce Committee
On Thursday, August 8, House Education and Workforce Committee Chair Virginia Foxx (NC) wrote a letter to Acting Secretary of Labor Julie Su criticizing the Department’s failure to provide responses and data to the Committee in response to requests for information related to independent contractors and worker misclassification. Su has until August 22 to fulfill the request. Foxx wants DOL to divulge how many cases of misclassification the Wage and Hour Division has identified since President Biden took office; how many investigations it has initiated by sector; and if it has launched any probes due to its memoranda of understanding with the National Labor Relations Board and Federal Trade Commission.
Click here to access the letter.
Initial Jobless Claims
In the week ending August 3, the advance figure for seasonally adjusted initial claims was 233,000, a decrease of 17,000 from the previous week's revised level. The previous week's level was revised up by 1,000 from 249,000 to 250,000. The 4-week moving average was 240,750, an increase of 2,500 from the previous week's revised average. The previous week's average was revised up by 250 from 238,000 to 238,250. The advance seasonally adjusted insured unemployment rate was 1.2 percent for the week ending July 27, unchanged from the previous week's unrevised rate.
Click here to access the report.
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