The MCAA Government Affairs Update is emailed to the association membership on a regular basis. This informative newsletter contains information on state and federal legislation that impacts the sameday delivery industry. Also, included are government affairs news and other actions the MCAA Government Affairs Team is taking on behalf of the membership. To receive this weekly newsletter and other legislative action alert emails, please contact John Ferraro at 202-207-1121 or jferraro@mcaa.com to join the MCAA.
If you notice any one piece of legislation in your area that needs special attention or if you are aware of any local action being taken on specific legislation or regulations, please click here to submit your information. This way we can ensure a well coordinated effort on behalf of the courier industry.
MCAA would like to gain a better understanding of the current regulatory climate in your area of operations. Your responses will be very useful in allowing MCAA to coordinate information between companies interested in participating, as well as facilitate discussions with government agencies. Click here to submit your information.
Most Recent MCAA Government Affairs Update Newsletter
June 11, 2010 Issue
CRITICAL GRASSROOTS EFFORTS NEEDED NOW
US Senate Committee to Hold Independent Contractor Hearing
The United States Senate Health, Education, Labor, and Pension Committee will hold a hearing titled “Leveling the Playing Field: Protecting Workers and Businesses affected by Misclassification” at 10:00 a.m. ET on June 17, 2010. The hearing is related to United States Senator Sherrod Brown’s Employee Misclassification Prevention Act (HR3254) which was introduced on April 22, 2010. MCAA is currently drafting written testimony which will be delivered to the committee early next week. At the time of the hearing, a live video feed will be available on the committee’s website. Please view the attached committee list to determine if your company has operations in a committee member's state. If so, please contact the labor staff member in your Senator’s office to convey the importance of the independent contractor business model in the courier industry. The contact information for the Senators on the committee is attached.
Phone Script to Use when Calling Senate Labor Committee Members
Hi, my name is ________ and I have a courier company that operates in your state. I employ ______ and utilize another _______ individuals as independent contractors. I understand that the Senate Health, Education, Labor and Pensions Committee is having a hearing on Thursday, June 17th about employee misclassification issues. As a member of the MCAA, I have great interest in this hearing and any legislation in this area. The MCAA is presenting written testimony regarding our industry and our utilization of independent contractors to the committee and our concerns with S. 3254 introduced by Senator Brown. This bill imposes significant new burdens and requirements on our company. I would appreciate if the Senator would consider our testimony and industry should the Senator attend the hearing. We would also appreciate having a further discussion with your office should Senator Brown’s legislation or any other bill affecting independent contractors move forward. Thanks for your time and feel free to contact me if you need additional information.
Summary of the Employee Misclassification Prevention Act (HR3254)
United States Senator Sherrod Brown’s (D-OH) Employee Misclassification Prevention Act (HR3254) aims to reduce the amount of misclassification violations by:
- Ensuring that employers keep records that reflect the accurate status of each worker as an employee or non-employee and clarifying that employers violate the Fair Labor Standards Act when they misclassify workers.
- Increasing penalties on employers who misclassify their employees and are found to have violated employees' overtime or minimum wage rights.
- Requiring employers to notify workers of their classification as an employee or non-employee.
- Creating an "employee rights web site" to inform workers about their federal and state wage and hour rights.
- Providing protections to workers who are discriminated against because they have sought to be accurately classified.
The legislation would also increase federal and state efforts to crack down on misclassification:
- Mandating that states conduct audits to identify employers who misclassify workers and by requiring that DOL monitor states' efforts to identify misclassification.
- Directing states to strengthen their own penalties for worker misclassification.
- Permitting DOL and IRS to refer incidents of misclassification to one another.
- Directing DOL to perform targeted audits focusing on employers in industries that frequently misclassify employees.
GOVERNMENT AFFAIRS NEWS
United States Senator Lincoln Survives Attacks by Labor Unions
Arkansas Democratic Senator Blanche Lincoln won the primary election in her state this week, exposing the state's opposition to Big Labor agenda changes, including card check. When the unions attempted to create an example of Arkansas with their pro-Big Labor candidate Bill Halter, Lincoln fought back and won. And rightly so, since only 41,000 of Arkansas' 1.1 million workers belong to a union, the reason Lincoln voted against the expansion of Big Labor in the first place. According to The Wall Street Journal, the lesson learned is that from this primary loss, unions can now be successfully portrayed as "the ugly face of a broken Washington."
NLRB Investigates Possibility of Electronic Elections
The National Labor Relations Board (NLRB), under the direction of recently appointed Craig Becker, is currently looking into the possibility of conducting elections electronically, including possible remote electronic voting. This week, the NLRB sent out a request for information regarding solutions for and available sources of remote and on-site election services. This move demonstrates the Board's desire to move away from traditional secret ballot elections. This remote voting system, like card-check, would allow union organizers the opportunity to target individuals for intimidation and coercion.
If you notice any one piece of legislation in your area that needs special attention or if you are aware of any local action being taken on specific legislation, please contact MCAA Government Affairs Director John Ferraro at 202-207-1121 or jferraro@kellencompany.com. This way we can ensure a well coordinated effort on behalf of the courier industry. We hope you enjoy this service, please feel free to contact me if you have any questions, comments, or suggestions. Thank you very much.
John Ferraro
Director, Government Affairs
Messenger Courier Association of America (MCAA)
750 National Press Building
529 Fourteenth Street, NW
Washington, D.C. 20045
Office: 202-207-1121