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LABOR
TAX
INFRASTRUCTURE
IMMIGRATION
SAFETY
ENVIRONMENT
HEALTH CARE
Biden
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LABOR
Former Vice President Joe Biden’s labor policy initiatives would advance the largest pro-organized labor agenda in three generations by expanding union membership, increasing union rights and easing restrictions on union organizing. These policies would be advanced through the candidate’s infrastructure investment plan and environmental initiatives. The centerpiece of the Biden agenda includes the PRO Act and a cabinet level working group on union organizing.
PRO ACT
The PRO Act is an unprecedented attempt to fundamentally change dozens of well-established labor laws to assist organized labor without regard to their detrimental impact on workers, employers—union and open-shop—and the economy. Among the dozens of labor law changes, the bill would: allow for back door card check and thus the coercion of employees to join unions against their conscious; “Quickie Elections” to allow for accelerated union representation elections and thereby limit employers ability to communicate the virtues of joining or not joining a union; permits secondary boycotts where union contractors would lose the
ability to limit labor disruptions among subcontractors; personal liability for company officers and directors for unfair labor practice charges; mandatory arbitration for contracts after union support established; expansive California independent contractor test; and repeal state right-to-work laws.Source:
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TAX
Mr. Biden “will require corporations and the wealthiest Americans to finally pay their fair share.” He will accomplish this by increasing the corporate tax rate from 21 percent to 28 percent; increasing taxes on high-income owners of pass through businesses by 20 percent by repealing the qualified business income deduction (Section 199A); and increasing the top individual income tax rate for taxable incomes above $400,000 from 37 percent, and in some cases 35 percent, to 39.6 percent. Mr. Biden intends to tax capital gains for high income earners at the “ordinary income rates” of up to 39.6 percent, and impose a 12.4 percent Social Security payroll tax for wages above $400,000. He also proposes to tax capital gains at the time of death, in addition to the estate tax, rather than allowing the basis for inherited assets to be “stepped-up” at the time of death.
Source:
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INFRASTRUCTURE
Mr. Biden proposes a $2 trillion plan to invest in infrastructure and build a clean energy economy. He calls for:
- Building and upgrading a cleaner, safer, stronger infrastructure - from roads and bridges to green spaces and water systems to electricity grids and universal broadband - in both rural and urban areas;
- Achieving a carbon pollution-free power sector by 2035 to help address the threat posed by climate change;
- Making buildings more energy efficient;
- Investing in innovation to drive down the costs associated with clean energy technologies, such as battery storage, building materials, and negative emissions technologies, and facilitating their commercialization; and
- Securing environmental justice and equitable economy opportunity.
Source:
- joebiden.com/infrastructure-plan
- joebiden.com/clean-energy -
IMMIGRATION
Mr. Biden will overhaul and reverse many of the current administration’s immigration policies. He condemns the southern border wall and will end the “National Emergency” that allows military funds to be used for its construction. Additionally, Mr. Biden does not support decriminalizing illegal border crossing, but promises to reduce the number of prosecutions at the border for minor immigration violations. He supports providing a pathway to citizenship for undocumented immigrants living in the United States, including individuals who retain Deferred Action for Childhood Arrivals (“Dreamers”) and those that hold Temporary Protected Status (TPS).
Source:
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SAFETY
Mr. Biden does not support the national legalization of marijuana use. However, he does support decriminalizing its use by removing it from the federally restricted controlled substances list, thereby largely allowing state laws to control on use allowance or restrictions. Mr. Biden’s policies do not articulate how employers would be permitted to maintain drug-free workplaces under such a policy change. Mr. Biden supports the issuance of a coronavirus Emergency Temporary Standard that would convert current CDC and OSHA guidance from suggestive to mandatory. In addition, the candidate supports a transition to a permanent infectious disease standard that would require employers to permanently implement infection control programs to protect their workers. Mr. Biden would reinstate an OSHA injury and illness recordkeeping rule that would make contractors liable for records in their OSHA logs dating back five-and-a-half years instead of six months.
Source:
- joebiden.com/covid-plan
- greenstate.com/culture/biden-v-trump-who-is-the-more- cannabis-friendly-presidential-candidate -
ENVIRONMENT
Mr. Biden “believes the Green New Deal is a crucial framework for meeting the climate challenges we face.” He promises to “sign a series of new executive orders with unprecedented reach that go well beyond the Obama-Biden Administration platform” related to climate concerns. His Clean Energy and Environmental Justice plan pledges every dollar spent on infrastructure “will be used to prevent, reduce, and withstand a changing climate;” commits that every federal infrastructure investment should reduce climate pollution and would require any federal permitting decision to consider the effects of greenhouse gas emissions and climate change; require public companies to disclose climate risks and the greenhouse gas emissions in their operations and supply chains; establish a new federal agency focused on climate and tasked with achieving 100% clean energy goals across the economy including the building of zero net energy buildings and decarbonizing construction materials; and calls for an enforcement mechanism for carbon pollution.
Source:
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HEALTH CARE
Mr. Biden strongly supports the Affordable Care Act (“Obamacare”) and opposes any effort to repeal it. He intends to bring back the individual mandate penalty for not having insurance that was repealed in the 2017 tax reform bill. If elected, Mr. Biden will create a Medicare-like public health insurance option, which he believes will provide health care to more Americans.
Source:
Trump
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LABOR
President Trump would largely promote a continuation of the previous four years of labor policy. Federal agencies under Trump control will favor compliance assistance to enforcement actions. It is unclear if the president would rescind or keep in place—as he has—the Obama-era Executive Order 13502, which encourages, but does not require, federal agencies to utilize project labor agreements.
PRO ACT
The president issued a Statement of Administration Policy opposing this bill, noting it “would kill jobs,” “empower third-party arbitrators to impose collective bargaining agreements,” “violate workers’ privacy,” “bypass secret-ballot elections,” “abolishes right to work laws,” “legalize ‘secondary boycotts,’” “rush union elections,” and “expansively defin[e] joint employer liability.”Source:
- whitehouse.gov/wp-content/uploads/2020/02/SAP_HR- 2474.pdf
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TAX
President Trump signed the 2017 tax reform bill, the Tax Cuts and Jobs Act (TCJA), into law that lowered tax rates for corporations and passthrough entities (such as S-corps, limited liability corporations and partnerships); simplified tax accounting for construction businesses, repealed the corporate alternative minimum tax (AMT) and significantly reduced the impact of the individual AMT.
President Trump has proposed tax incentives to “boost tax home pay” and “keep jobs in America” as well as incentives to promote domestic manufacturing, research and development, and additional investment in “Opportunity Zones” created in the Tax Cuts and Jobs Act.
Source:
- donaldjtrump.com/media/trump-campaign-announces-president-trumps-2nd-term-agenda-fighting-for-you
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INFRASTRUCTURE
President Trump proposed $1 trillion in direct federal investment in infrastructure in his Fiscal Year 2021 Budget Request to Congress that included $810 billion toward a 10-year surface transportation reauthorization bill and $190 billion for a one-time investment in various types of infrastructure, including “mega-projects”, freight projects, and bridges. His other priorities include:
- Reducing the environmental review and permitting burden;
- Investing equitably in both urban and rural America;
- Improving the resiliency of transportation infrastructure; and
- Empowering states and local governments to make decisions to address their transportation needs.
Source:
- www.whitehouse.gov/wp- content/uploads/2020/02/FY21-Fact-Sheet- Infrastructure.pdf
- transportation.gov/sites/dot.gov/files/2020- 02/BudgetHightlightFeb2021.pdf -
IMMIGRATION
President Trump campaigned on immigration in 2016 with a hardline stance to protect American jobs, safety, and public resources, and he has followed through, at least where the courts have allowed him to do so. He ended the Deferred Action for Childhood Arrivals (“Dreamers”) and Temporary Protected Status (TPS) programs, imposed “zero tolerance” for prosecution on border crossings, declared an emergency on southern border, imposed a travel ban, threatened tariffs on Mexico to limit migrants, restricted legal immigration visas, and imposed family detentions. Almost every one of his policies have limited legal immigration and very little has been done to provide certainty or labor to the construction workforce, albeit for some new construction on the southern border wall. Expect a continuation of restricted policies.
Source:
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SAFETY
President Trump has allowed states to continue to enact and broaden legalized marijuana use in conflict with federal law. His position on legalizing marijuana use nationally or removing it from the federally controlled substances list remains unclear. When it comes to employers’ rights to maintain drug-free workplaces, President Trump reconfigured an Obama Administration OSHA policy that broadly limited contractors’ ability to conduct post-incident employee drug testing to ensure safe workplaces.
The Trump Administration OSHA has opted against issuing a coronavirus Emergency Temporary Standard to date and placed an infectious disease standard rulemaking under a longer-term action for consideration.
President Trump repealed an OSHA injury and illness recordkeeping rule that would make contractors liable for records in their OSHA logs dating back five-and-a-half years instead of six months.
Source:
- greenstate.com/culture/biden-v-trump-who-is-the-more-cannabis-friendly-presidential-candidate
- ehstoday.com/standards/osha/article/21919841/osha-backs-off-obamaera-drug-test-and-safety-incentive-curbs
- rollcall.com/2020/06/11/court-denies-afl-cio-request-to-require-covid-19-rule-from-osha
- safetyandhealthmagazine.com/articles/20056-spring-2020-regulatory-agenda-osha-infectious-diseases-standard-remains-long-term-action
- https://www.osha.gov/laws-regs/standardinterpretations/2018-10-11 -
ENVIRONMENT
President Trump strongly opposes the Green New Deal. His administration will implement and defend environmental review and permit streamlining rules, including:
- The new Navigable Waters Protection Rule, which determines and clarifies which waters are fall under federal jurisdiction and require extensive federal permits before work can begin.
- Updates to streamline the National Environmental Policy Act – a review process for federal actions that often takes several years to complete causing delay for infrastructure projects.
- Updates to clarify often-litigated elements of the Endangered Species Act: definitions, critical habitat, protections for threatened species, and the consultation process.
Source:
- epa.gov/nwpr
- whitehouse.gov/ceq/nepa-modernization
- fws.gov/endangered/laws-policies/regulations-and- policies.html
- youtube.com/watch?v=n5kxsfJULPA -
HEALTH CARE
President Trump opposes a government-run health care system and the Affordable Care Act (“Obamacare”). During his first term, he supported congressional efforts to repeal and replace Obamacare, repealed the individual mandate that forced people to buy health insurance and taxed those who could not afford it, and expanded access to Association Health Plans (AHPs) that allow small business to pool risk across state lines.
Source:
- whitehouse.gov/briefings-statements/remarks-president- trump-america-first-healthcare-plan/