Source:?EPI analysis of U.S. Chamber of Commerce, Restoring Common Sense to Labor Law: Ten Policies to Fix at the National Labor Relations Board, February 28, 2017.
The Trump NLRB weakened rules aimed at making the union representation election process timelier and more efficient, and it adopted rules that put roadblocks in the way of workers forming unions.52
After their first attempt was withdrawn due to ethics violations, the Trump NLRB used the rulemaking process to weaken the test for finding two employers to be “joint employers” of employees under the NLRA. As a result, workers from staffing agencies—e.g., temporary employees or contractors—are far less likely than other workers to be able to bargain with the employers who control their wages and working conditions. The test adopted by the Trump NLRB is weaker than the tests used by other agencies under other workplace laws. EPI estimates that workers will lose $1.3 billion in wages annually as a result of the rule.53 Moreover, the test excludes health and safety as an issue that must be considered as part of the joint-employer analysis—a glaring omission.54
The Tax Cut and Jobs Acts (TCJA) has encouraged offshoring of both paper profits and real production of U.S. multinational companies. The Trump administration’s failed tax (and currency) policies have resulted in continued offshoring, including the net loss of nearly 1,800 factories between 2016 and 2018 and 740,000 manufacturing jobs since February 2020.
The U.S. now has a massive trade deficit in pharmaceuticals, which increased rapidly after passage of the TCJA in 2017, and which exceeds its trade surplus in aerospace products, the strongest U.S. export industry.55 Leading suppliers of pharmaceutical imports—many produced by U.S. firms, such as Pfizer, which had no taxable U.S. income over the entire decade from 2007 to 2016—include Ireland, Germany, Switzerland, India, and China.56 Offshoring of U.S. pharmaceutical production, especially in the wake of the TCJA, has weakened U.S. supply chains during the coronavirus pandemic, as essential medical supplies, including generic asthma medications, have been in short supply.
The TCJA also accelerated profit-shifting to tax havens, which now deprives the United States of roughly $100 billion in revenue each year.57 Needless to say, it is not typical workers and their families who benefit from the use of international tax havens to shield corporate income.
On February 6, 2020, the House of Representatives passed the Protecting the Right to Organize (PRO) Act, which would significantly restore workers’ right to organize and bargain collectively.58 However, days before the passage of the PRO Act, the administration issued a Statement of Administration Policy recommending that President Trump veto the bill if it reaches his desk.59
The Trump DOL proposed and finalized a rule updating the joint-employer standard under the Fair Labor Standards Act (FLSA). The rule narrows the set of circumstances whereby a firm can be deemed a joint employer under the FLSA, substantially limiting shared liability for wage and hour violations and making it harder for workers to hold accountable all parties who set their terms of employment. EPI estimates the ruling will cost workers more than $1 billion annually.60 A federal court struck down most of this rule, holding that the Trump DOL failed to account for some of the rule’s “important costs, including costs to workers.”61
The Trump DOL finalized a rule that allows states to privatize employment services for unemployed job seekers. This rule allows states to use contractors or other personnel, instead of public employees, in the administration of the employment services program. This would likely result in the privatization and reduction in quality of employment services, including job search, job referral, and placement assistance for job seekers.62 This would also reduce the quality of jobs for those providing the services.
During the first three years of the Trump administration, OSHA workplace inspection activity has fallen relative to the previous two administrations.63 OSHA also currently has the lowest number of inspectors in the history of the agency. Further, more complex health-related inspections are occurring less frequently. The decline in inspections clearly puts the safety of workers at risk, especially those who work in the most dangerous jobs and industries. In its latest release of workplace deaths, the Bureau of Labor Statistics (BLS) reported that Black and Latinx workers suffered higher workplace fatality rates than other workers. BLS also found that the number of Black workers killed on the job in 2018 increased 16% over 2017, from 530 to 615, the highest total since 1999.64
In December 2019, the Trump DOL proposed a rule that would allow employers to assign more “side tasks” to their tipped employees—“side tasks” are tasks for which they do not receive tips, such as restocking and cleaning—while continuing to pay them the subminimum tipped-worker wage. This would effectively reduce tipped workers’ earnings by reducing their opportunities to earn tips. This proposal is little more than a technical way to allow employers to capture workers’ tips.65 If finalized, the proposed rule would cost workers more than $700 million annually.66
In November 2019, the Trump DOL proposed a rule that would make it easier for employers to use the “fluctuating workweek method” for calculating overtime pay. Under this method, employers can pay workers half of their regular rate for hours worked over 40, rather than the usual time-and-a-half.67 As a result, workers would earn less overtime pay. Further, because overtime pay would be lower, the rule provides an incentive for employers to require workers to work more overtime, which undermines the purpose of overtime protections under the Fair Labor Standards Act.68
In October 2019, President Trump repealed Executive Order 13495, which had provided job security to workers on federally funded contracts for services. The executive order, a legacy of the Obama administration, had required successor contractors to retain the service workforce for a set period of time.69
In a series of decisions, the Trump NLRB gave employers more power to prevent union organizers and off-duty employees from talking with employees at the workplace, during nonwork time, about forming a union.70 These decisions exacerbated the imbalance between an employer’s ability to deliver anti-union messages at the workplace and the limited opportunities for workers to have pro-union meetings.
In September 2019, the Trump NLRB proposed a rulemaking that would strip student workers at private universities of their right to organize and bargain. The immediate effect of this proposed rule would be to take away the collective bargaining rights of the roughly 57,500 graduate assistants working at private universities. Additionally, more than 1.5 million graduate students at private universities would stand to lose the right to form a union.71
In 2016, the Obama Department of Labor updated the overtime salary threshold from $23,660 to $47,476, but this update was ultimately blocked in the courts before the rule could be fully implemented. Instead of defending the 2016 rule—which would have strengthened overtime protections for 12.5 million workers—the Trump administration proceeded with their own proposed rule.72 Under the 2019 rule, the Trump DOL updated the overtime threshold to $35,568.73 Roughly 8.2 million workers who would have benefited from the 2016 rule were left behind by the Trump DOL’s rule.74
During his term in office, President Trump has repeatedly nominated anti-worker candidates for positions at the Department of Labor, starting at the top: Andrew Puzder, former CEO of a company with a record of labor law violations,75 withdrew his nomination for Labor Secretary less than a month after his nomination after strong opposition from worker advocates.76
President Trump’s first confirmed Secretary of Labor, Alexander Acosta, advanced a pro-business agenda by delaying and rolling back many workplace protections the Obama administration had implemented, most notably the 2016 overtime pay rule.
Eugene Scalia, President Trump’s current Secretary of Labor, built his career representing corporations, financial institutions, and other business organizations while fighting against worker protections like health and safety regulations, retirement security, and collective bargaining rights.77
Prior to becoming the head of DOL’s Wage and Hour Division, a position responsible for enforcing our nation’s basic wage protections, Cheryl Stanton spent her career defending employers in wage and hour cases.78
David Zatezalo, the head of DOL’s Mine Safety and Health Administration (MSHA), previously served as the chief executive to Rhino Resources, a coal company that had numerous clashes with MSHA officials during the Obama administration, including numerous health and safety violations.79
Dollar overvaluation is the single largest cause of growing U.S. trade deficits, which are the most important cause of the loss of 5 million U.S. manufacturing jobs and 91,000 plants since 1998.80 The dollar’s value has increased nearly 23% in the past five years, going in exactly the wrong direction. The administration has done nothing to ameliorate this and has done much to make it worse. More than half of this increase has occurred since the Trump administration began imposing tariffs on China in March 2018.81
On July 18, 2019, the House of Representatives passed the Raise the Wage Act, which would increase the federal minimum wage to $15 by 2025. A $15 minimum wage would increase wages for over 33 million U.S. workers and lift 1.3 million people out of poverty—nearly half of them children.82 However, days before the passage of the Raise the Wage Act, the administration issued a Statement of Administration Policy recommending that President Trump veto the bill if it reaches his desk.83
In April 2019, the Trump General Counsel stripped tens of thousands of workers of protections under the National Labor Relations Act by deciding that platform-based drivers for Uber and Lyft are not employees covered by the NLRA.84 Because workers cannot litigate cases on their own, this means that Uber and Lyft drivers are left with no recourse to defend themselves against violations of the NLRA.85 In addition, the Trump NLRB narrowed the test for determining employee status, depriving Super Shuttle drivers of their rights under the NLRA and setting a precedent that undermines employee status for other misclassified workers.86
In April 2019, the Trump Department of Agriculture’s Food Safety and Inspection Service finalized a rule that would allow an unlimited increase in hog slaughter line speeds—putting public health, worker safety, and animal welfare at risk. The industry was already extremely dangerous for workers—it is estimated that every year, there are more than 4,700 occupational injuries and more than 2,700 occupational illnesses in hog-slaughtering plants. An unlimited increase in line speeds will unquestionably raise those numbers, but the administration completely ignored any negative impact on worker safety and health when issuing the rule.87
In September 2018, the Department of Labor proposed a rule that would allow 16- and 17-year-olds to independently operate power-driven patient lifts, putting these young workers at risk as well as endangering patients.88
The Trump Justice Department argued to the U.S. Supreme Court that it is unconstitutional for employers and unions in the public sector to negotiate and agree to “fair-share” arrangements. Under these agreements, all workers covered and protected by a collective bargaining agreement pay their fair share toward the cost of negotiating and enforcing the agreement.89 The Trump Justice Department urged the Supreme Court to overturn 40 years of precedent and thousands of fair-share arrangements. With the addition of Trump nominee Neil Gorsuch to the Supreme Court, the Court ruled 5–4 in favor of the Trump administration.90
The Trump Justice Department filed a brief in Epic Systems v. Lewis (consolidated with Murphy Oil) urging the U.S. Supreme Court to find that it is legal for employers to require employees to waive their rights to class or collective claims.91 The National Labor Relations Board and the Obama Justice Department had determined that this practice violated workers’ rights under the National Labor Relations Act, but the Trump Justice Department sided with employers, as did the U.S. Supreme Court, in an opinion authored by Trump appointee Neil Gorsuch.92
The Trump administration launched a multifaceted attack on the collective bargaining rights of federal workers, including limiting the use of official time for collective bargaining activities, weakening due process protections for federal workers subject to discipline, and undermining the U.S. Postal Service.93
In April 2018, the Mine Safety and Health Administration finalized a rule that weakens metal/nonmetal mine safety inspection requirements. Prior to the final rule, mine safety inspectors were allowed to conduct a safety examination at any time, including during the mineworkers’ shifts, making it easier for inspectors to spot unsafe practices and stop them before someone gets hurt. Under the final rule, mine safety inspections can occur only before or right as workers are beginning their shift in the mine.94
The Trump administration has stacked the National Labor Relations Board (NLRB) with corporate lawyers and a former Republican Hill staffer. In September 2017, William Emanuel, a former attorney at the Littler Mendelson law firm who regularly represented large employers, was confirmed as a member of the NLRB, along with Marvin Kaplan, a former Republican Hill staffer. Later, in November 2017, Peter Robb, who spent much of his career as a management-side labor and employment lawyer, was confirmed as the NLRB’s General Counsel. John Ring, another corporate-side lawyer, was confirmed and made chairman in April 2018.95 These Trump appointees have systematically rolled back workers’ rights under the National Labor Relations Act.96
In December 2017, the Trump DOL proposed a rule that would allow employers to pocket the tips of their employees as long as workers are paid the minimum wage.97 EPI’s estimates show that, if finalized, the rule would have resulted in $5.8 billion in lost wages of tipped workers each year.98 However, before the rule was finalized, a reporter found that the Secretary of Labor had gone to great lengths to hide the Labor Department’s economic analysis, which showed just how costly the rule would have been to workers.99 In the wake of this news, Congress added a section to the Fair Labor Standards Act, through the Consolidated Appropriations Act of 2018, that prohibits employers from keeping tips received by employees, ultimately making the DOL’s proposed rule invalid.100
In 2011, the Obama NLRB ruled in Specialty Healthcare that bargaining units sought by employees when petitioning to form a union at their workplace were presumptively appropriate if the employees shared a “community of interest” and that the NLRB would respect workers’ choice unless the employer made a compelling case as to why the bargaining unit was not appropriate. The Trump NLRB overturned Specialty Healthcare—enabling employers to gerrymander bargaining units to make it more difficult for workers to organize.101
The signature legislative achievement of the Trump administration was the so-called Tax Cuts and Jobs Act (TCJA).102 The TCJA is mostly a large tax cut for corporations (and, by extension, the wealthy households that own these corporations’ stock).103 The TCJA’s permanent effects will see the top 1% of households, ranked by income, claim a full 83% of the law’s benefits.104
The TCJA’s proponents made ambitious claims about how cutting taxes for corporations would eventually trickle down into much higher wages for typical workers. But these claims rested on a mix of unrealistic theory and ignorance of current (or historical) evidence.105
Finally, an undernoticed and particularly bad part of the TCJA provides a tax benefit for firms that “fissure” their operations by outsourcing work to subcontracted firms.106 This fissuring of the workplace has been a damaging feature of the labor market for decades now, and it will only be accelerated by the TCJA.
For over five years, OSHA maintained a running list of workplace fatalities on the agency’s homepage, both to acknowledge the tragedies of lives lost and to remind the public about the need to act to prevent such tragedies. In August 2017, OSHA moved the list of workplace fatalities to an internal page, posting less information and burying information that could save workers’ lives.107
The Trump DOL repealed rules requiring employers to disclose information about the companies they hire and how much they pay them to fight worker organizing campaigns. The rules would have closed a giant loophole that allows employers and union-avoidance companies to avoid public reporting.108 Employers hire anti-union consultants in 75% of campaigns.109
EPI estimates that employers spend $340 million per year hiring anti-union lawyers and consultants to help prevent employees from organizing.110 At the same time the Trump DOL was repealing requirements on anti-union consultants, it was adopting additional rules requiring unions to file more reports on their activities.111
In 2017, President Trump signed a resolution repealing OSHA’s rule clarifying an employer’s obligation to keep accurate records of work-related injury and illnesses.112 In January 2019, the Department of Labor rolled back parts of the Tracking of Workplace Injuries and Illnesses rule, which required companies with more than 250 workers to electronically submit detailed information to OSHA on workplace injuries.113
In April 2017, OSHA delayed by three months the enforcement of a rule limiting workers’ exposure to deadly silica dust. Exposure to silica dust can cause silicosis, an incurable and often fatal lung disease, and is also associated with an increased risk of lung cancer.114 The three-month delay in enforcing the rule allowed continued high exposures that will lead to an estimated 160 more worker deaths.115 In August 2019, OSHA issued a request for information reevaluating the guidance for limitation of silica dust exposure for the construction industry.116
In March 2017, President Trump signed a resolution that blocked the implementation of the Fair Pay and Safe Workplaces rule, which had been issued during the Obama administration to ensure that taxpayer dollars are not awarded to contractors who cut corners on workplace safety and other labor protections.117
1. Anthony Brooks, “Grocery Worker Who Died of COVID-19 Lacked Protective Gear She Needed, Husband Says,” WBUR, April 11, 2020.
2. Celine McNicholas, “Congress Should Immediately Pass Legislation Protecting Workers’ Safety During the Coronavirus Pandemic,” Working Economics Blog (Economic Policy Institute), April 13, 2020.
3. Annie Palmer, “Amazon Fires Warehouse Worker Who Led Staten Island Strike for More Coronavirus Protection,” CNBC, March 30, 2020.
4. Libby Torres, “‘We’re Paying People More to Stay Home Than to Work’: Treasury Secretary Steven Mnuchin Rejects Plan to Extend $600 Unemployment Benefits,” Business Insider, August 2, 2020.
5. Jeanna Smialek, Alan Rappeport, and Emily Cochrane, “State and Local Budget Pain Looms Over Economy’s Future,” New York Times, August 14, 2020.
6. Josh Bivens and David Cooper, “Without Federal Aid to State and Local Governments, 5.3 Million Workers Will Likely Lose Their Jobs by the End of 2021: See Estimated Job Losses by State,” Working Economics Blog (Economic Policy Institute), June 10, 2020.
7. Josh Bivens, “Cutting Off the $600 Boost to Unemployment Benefits Would Be Both Cruel and Bad Economics: New Personal Income Data Show Just How Steep the Coming Fiscal Cliff Will Be,” Working Economics Blog (Economic Policy Institute), June 26, 2020.
8. Heidi Shierholz, “EPI Comments on Proposed Information Collection on 2020 Census,” comments submitted to the Department of Commerce, Economic Policy Institute, August 7, 2018.
9. Nina Totenberg and Hansi Lo Wang, “Trump Threatens Census Delay After Supreme Court Leaves Citizenship Question Blocked,” NPR’s All Things Considered, June 27, 2019.
10. Hansi Lo Wang, “Census Door Knocking Cut a Month Short Amid Pressure to Finish Count,” NPR, July 30, 2020.
11. The White House, “Memorandum for the Secretary of the Treasury on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster,” August 8, 2020.
12. Paul N. Van de Water, “Trump Payroll Tax Action Won’t Work, Could Endanger Social Security and Budget,” Off the Charts (Center for Budget and Policy Priorities blog), August 13, 2020.
13. Tami Luhby, “Coronavirus Has Already Dealt a Blow to Social Security’s Finances. Trump’s Payroll Tax Holiday Could Make It Worse,” CNN, August 8, 2020.
14. Michael Hiltzik, “Column: GOP Slips an Attack on Social Security into Its Coronavirus Relief Bill,” Los Angeles Times, July 28, 2020.
15. Monique Morrissey and Heidi Shierholz, “EPI Comment to the SEC Regarding the Fiduciary Rule,” comments submitted to the U.S. Securities and Exchange Commission, Economic Policy Institute, October 12, 2017.
16. Monique Morrissey and Heidi Shierholz, “EPI Comment on DOL Bad Advice Rule,” comments submitted to the U.S. Securities and Exchange Commission, Economic Policy Institute, August 18, 2020.
17. Heidi Shierholz and Ben Zipperer, Here Is What’s at Stake with the Conflict of Interest (‘Fiduciary’) Rule (fact sheet), Economic Policy Institute, May 30, 2017.
18. Ali Vatali, “Trump, GOP Leaders Take Victory Lap After House Passes ‘Trumpcare,’” NBC News, May 4, 2017.
19. Louise Norris, “How Obamacare Changed Employer-Sponsored Health Insurance,” Verywell Health, March 2019.
20. Sheryl Gay Stolberg, “Trump Administration Asks Supreme Court to Strike Down Affordable Care Act,” New York Times, June 26, 2020.
21. Timothy Jost, “The Tax Bill and the Individual Mandate: What Happened, and What Does It Mean?,” Health Affairs Blog, December 20, 2017.
22. Josh Bivens and Ben Zipperer, Health Insurance and the COVID-19 Shock: What We Know So Far About Health Insurance Losses and What It Means for Policy, Economic Policy Institute, August 2020.
23. Margot Sanger-Katz and Reed Abelson, “Eleven States Now Letting Uninsured Sign Up for Obamacare,” New York Times, March 23, 2020.
24. Celine McNicholas, Margaret Poydock, and Lynn Rhinehart, Unprecedented: The Trump NLRB’s Attack on Workers’ Rights, Economic Policy Institute, October 2019; Alstate Maintenance, LLC, 367 NLRB No. 68 (2019); Walmart Stores, Inc., 368 NLRB No. 24 (2019).
25. National Labor Relations Board, Office of the General Counsel, Advice Memorandum, Subject: Hornell Gardens, LLC, 03-CA-258740 and 03-CA-258966, July 31, 2020.
26. Michael D. Shear and Emily Cochrane, “Trump Says Administration Will Try Again to End ‘Dreamers’ Program,” New York Times, June 19, 2020.
27. Daniel Costa, “Ending DACA Lowers Wages and Tax Revenue, and Degrades Labor Standards,” Working Economics Blog (Economic Policy Institute), September 5, 2017.
28. The White House, Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak, June 22, 2020.
29. Daniel Costa, “Trump’s Ban on Temporary Work Visas Is an Attempt to Scapegoat Immigrants During an Economic Collapse: Real Reform Would Improve Wages and Working Conditions,” Working Economics Blog (Economic Policy Institute), June 23, 2020.
30. Harper Neidig, “Appeals Court Rejects AFL-CIO Lawsuit Over Lack of COVID-19 Labor Protections,” The Hill, June 11, 2020.
31. David Michaels, “What Trump Could Do Right Now to Keep Workers Safe from the Coronavirus,” The Atlantic, March 2, 2020.
32. Chabeli Carrazana, “Labor Rights Mobilized Women During Suffrage—and Now,” USA Today, August 28, 2020.
33. U.S. Department of Labor, Office of Inspector General, COVID-19: OSHA Needs to Improve Its Handling of Whistleblower Complaints During the Pandemic, August 2020.
34. Centers for Disease Control and Prevention, “Interim Guidance: Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19,” April 20, 2020.
35. Rebecca Dixon, “CDC’S Latest Guidance Weakens Protections for Essential Workers” (statement), National Employment Law Project, April 9, 2020.
36. Maurice Emsellem, “Labor Secretary Scalia Wrongly Rejects Federal Role in Enforcing Unemployment Rights of Workers Who Refuse Unsafe Work” (blog post), National Employment Law Project, June 23, 2020.
37. The White House, “Executive Order on Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19,” April 28, 2020.
38. Deborah Berkowitz, “President Trump’s Meatpacking Plant Executive Order Puts Thousands of Workers’ Lives at Risk” (statement), National Employment Law Project, April 28, 2020.
39. Esther Hoing and Mary Anne Andrei, “Meatpackers’ Adult Children Demand Plants Provide PPE and Ensure Social Distancing,” NPR’s All Things Considered, August 11, 2020.
40. Celine McNicholas and Margaret Poydock, “The Trump Administration Has Weakened Crucial Worker Protections Needed to Combat the Coronavirus: Agencies Tasked with Protecting Workers Have Put Them in Danger,” Working Economics Blog (Economic Policy Institute), April 14, 2020.
41. Paid Leave Under the Families First Coronavirus Response Act [temporary rule], 85 Fed. Reg. 19326–19357 (April 6, 2020), p. 19342.
42. Celine McNicholas and Margaret Poydock, “The Trump Administration Has Weakened Crucial Worker Protections Needed to Combat the Coronavirus: Agencies Tasked with Protecting Workers Have Put Them in Danger,” Working Economics Blog (Economic Policy Institute), April 14, 2020.
43. Shayla Thompson and Deborah Berkowitz, USDA Allows Poultry Plants to Raise Line Speeds, Exacerbating Risk of COVID-19 Outbreaks and Injury, National Employment Law Project, June 2020.
44. Occupational Safety and Health Administration, “U.S. Department of Labor Issues Enforcement Guidance for Recording Cases of COVID-19” (news release), April 10, 2020.
45. Daniel Costa, “Trump Administration Looking to Cut the Already Low Wages of H-2A Migrant Farmworkers While Giving Their Bosses a Multibillion-Dollar Bailout,” Working Economics Blog (Economic Policy Institute), April 14, 2020.
46. Jeremy Singer-Vine, Ken Bensinger, and Jessica Garrison, “Trump Winery Is Trying to Hire 23 More Foreign Guest Workers,” Buzzfeed News, January 28, 2019.
47. Farmworker Justice, “Farmworker Advocates Coalition Submits Comments on Major Trump Administration Proposal re Agricultural Guestworkers” (news release), September 24, 2019.
48. Daniel Costa, “Trump Administration Looking to Cut the Already Low Wages of H-2A Migrant Farmworkers While Giving Their Bosses a Multibillion-Dollar Bailout,” Working Economics Blog (Economic Policy Institute), April 14, 2020.
49. Daniel Costa, “New Survey and Report Reveals Mistreatment of H-2A Farmworkers Is Common: The Coronavirus Puts Them Further at Risk,” Working Economics Blog (Economic Policy Institute), April 15, 2020.
50. Daniel Costa and Philip Martin, Coronavirus and Farmworkers: Farm Employment, Safety Issues, and the H-2A Guestworker Program, Economic Policy Institute, March 2020.
51. Celine McNicholas, “In Midst of a Pandemic, Trump’s NLRB Makes It Nearly Impossible for Workers to Organize a Union,” Working Economics Blog (Economic Policy Institute), March 31, 2020.
52. AFL-CIO, “NLRB Changes Rules to Make It Harder for Workers to Be Represented” (press release), March 31, 2020.
53. Celine McNicholas and Heidi Shierholz, “EPI Comments Regarding the Standard for Determining Joint-Employer Status,” comments submitted to the National Labor Relations Board, Economic Policy Institute, December 9, 2018.
54. Celine McNicholas, Lynn Rhinehart, Margaret Poydock, Heidi Shierholz, and Daniel Perez, Why Unions Are Good for Workers—Especially in a Crisis Like COVID-19: 12 Policies That Would Boost Worker Rights, Safety, and Wages, Economic Policy Institute, August 2020.
55. Brad W. Setser, “The Irish Shock to U.S. Manufacturing?,” Follow the Money (Council on Foreign Relations blog), May 15, 2020.
56. Americans for Tax Fairness, The Pharma Big 10: Price Gougers, Tax Dodgers, December 2017.
57. Kimberly A. Clausing, Profit Shifting Before and After the Tax Cuts and Jobs Act, Tax Policy Center, May 2020.
58. Celine McNicholas and Lynn Rhinehart, “The PRO Act: Giving Workers More Bargaining Power on the Job,” Working Economics Blog (Economic Policy Institute), May 19, 2019.
59. Office of Management and Budget, “Statement of Administration Policy: H.R. 2474 — Protecting the Right to Organize Act,” February 5, 2020.
60. Heidi Shierholz and Margaret Poydock, “New Trump Administration Joint-Employer Rule Has $1 Billion Price Tag for Workers” (statement), January 13, 2020.
61. Ben Penn, “Judge Blocks Labor Department’s Narrowed Joint Employer Test (2),” Bloomberg Law, September 8, 2020.
62. Heidi Shierholz, Celine McNicholas, and Margaret Poydock, “Proposed Rule to Privatize the Federal Employment Service Would Likely Reduce Services for Unemployed Workers,” comments submitted to the Department of Labor, Economic Policy Institute, July 24, 2019.
63. Deborah Berkowitz, OSHA Enforcement Activity Declines Under the Trump Administration, National Employment Law Project, June 11, 2018.
64. Deborah Berkowitz, Worker Safety in Crisis: The Cost of a Weakened OSHA, National Employment Law Project, April 28, 2020.
65. Tip Regulations Under the Fair Labor Standards Act (FLSA), 84 Fed. Reg. 53956–53980 (October 8, 2019).
66. Heidi Shierholz?and?David Cooper, “Workers Will Lose More Than $700 Million Annually Under Proposed DOL Rule,” Working Economics Blog (Economic Policy Institute),?November 30, 2019.
67. Fluctuating Workweek Method of Computing Overtime, 84 Fed. Reg. 59590–59602 (November 5, 2019).
68. Margaret Poydock and Heidi Shierholz, “EPI Comments on the Department of Labor’s Proposed Rule Regarding the Fluctuating Workweek Method,” comments submitted to the Department of Labor, Economic Policy Institute, December 5, 2019.
69. Improving Federal Contractor Operations by Revoking Executive Order 13495, 84 Fed. Reg. 59709–59710 (November 5, 2019).
70. Celine McNicholas, Margaret Poydock, and Lynn Rhinehart, Unprecedented: The Trump NLRB’s Attack on Workers’ Rights, Economic Policy Institute, October 2019.
71. Celine McNicholas, Margaret Poydock, and Julia Wolfe, Graduate Student Workers’ Rights to Unionize Are Threatened by Trump Administration Proposal, Economic Policy Institute, December 2019.
72. Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, 84 Fed. Reg. 51230–51304 (September 27, 2019).
73. Heidi Shierholz, “The Trump Administration’s Overtime Rule Leaves Millions of Workers Behind” (statement), Economic Policy Institute, September 24, 2019.
74. Heidi Shierholz, “The Trump Administration’s Overtime Rule Leaves Millions of Workers Behind” (statement), Economic Policy Institute, September 24, 2019.
75. Celine McNicholas, Puzder’s Anti-Worker Positions Disqualify Him from Serving as Labor Secretary:?Here Is a Partial List of the Worker Protections That Puzder’s Policies Would Undermine, Economic Policy Institute, February 2017.
76. Andy Puzder, “I am withdrawing my nomination for Secretary of Labor. I’m honored to have been considered and am grateful to all who have supported me,” Twitter, @AndyPuzder, February 15, 2017, 4:07 p.m.
77. Heidi Shierholz, Lynn Rhinehart, and Celine McNicholas, “Why Eugene Scalia Is the Wrong Person for the Job,” Working Economics Blog (Economic Policy Institute), August 1, 2019.
78. Celine McNicholas and Samantha Sanders, “Policy Watch: Two More Foxes Nominated to Run Hen Houses in the Trump Administration,” Working Economics Blog (Economic Policy Institute), August 1, 2019.
79. Celine McNicholas and Samantha Sanders, “Policy Watch: Two More Foxes Nominated to Run Hen Houses in the Trump Administration,” Working Economics Blog (Economic Policy Institute), August 1, 2019.
80. See Figure A in Robert E. Scott, We Can Reshore Manufacturing Jobs, but Trump Hasn’t Done It:?Trade Rebalancing, Infrastructure, and Climate Investments Could Create 17 Million Good Jobs and Rebuild the American Economy, Economic Policy Institute, August 2020.
81. Robert E. Scott, We Can Reshore Manufacturing Jobs, but Trump Hasn’t Done It:?Trade Rebalancing, Infrastructure, and Climate Investments Could Create 17 Million Good Jobs and Rebuild the American Economy, Economic Policy Institute, August 2020.
82. Heidi Shierholz, “EPI Applauds House Passage of the Raise the Wage Act” (statement), Economic Policy Institute, July 18, 2019.
83. Office of Management and Budget, Statement of Administration Policy: H.R. 582 – Raise the Wage Act, July 15, 2019.
84. National Labor Relations Board, Office of the General Counsel, Advice Memorandum, Subject: Uber Technologies Inc. Cases 13-CA-163062 et al., April 16, 2019.
85. Lawrence Mishel and Celine McNicholas, Uber Drivers Are Not Entrepreneurs: NLRB General Counsel Ignores the Realities of Driving for Uber, Economic Policy Institute, September 20, 2019.
86. SuperShuttle DFW, Inc., 367 NLRB No. 75 (2019).
87. Heidi Shierholz and Marni von Wilpert, “EPI Comment on the Modernization of Swine Slaughter Inspection Rule,” comments submitted to the Department of Labor, Economic Policy Institute, May 2, 2018.
88. Heidi Shierholz, “EPI Comments Regarding Young Workers in Health Care Occupations,” comments submitted to the Department of Labor, Economic Policy Institute, December 10, 2018.
89. Celine McNicholas, Zane Mokhiber, and Marni von Wilpert, Janus and Fair Share Fees: The Organizations Financing the Attack on Unions’ Ability to Represent Workers, Economic Policy Institute, February 2018.
90. Janus v. State, County, and Municipal Employees, 585 U. S. ___ (2018).
91. Celine McNicholas, “In Virtually Unprecedented Move, Trump Solicitor General Switches Sides in Murphy Oil Case,” Working Economics Blog (Economic Policy Institute), April 15, 2020.
92. Epic Systems Corp. v. Lewis, 584 U. S. ___ (2018).
93. Jake Johnson, “‘A Travesty and a Disgrace’: Trump Quietly Issues Memo That Could Abolish Union Rights for 750,000 Federal Workers,” Common Dreams, February 22, 2020; The White House, “Executive Order Ensuring Transparency, Accountability, and Efficiency in Taxpayer Funded Union Time Use,” May 25, 2018; The White House, “Executive Order Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles,” May 25, 2018.
94. Celine McNicholas, Heidi Shierholz, and Marni von Wilpert, Workers’ Health, Safety, and Pay Are Among the Casualties of Trump’s War on Regulations: A Deregulation Year in Review, Economic Policy Institute, January 29, 2018.
95. Lynn Rhinehart and Celine McNicholas, “Three Republican-Appointed White Men Are Now Deciding Whether You Have Rights on the Job,” Working Economics Blog (Economic Policy Institute), December 17, 2019.
96. Celine McNicholas, Margaret Poydock, and Lynn Rhinehart, Unprecedented: The Trump NLRB’s Attack on Workers’ Rights, Economic Policy Institute, October 2019.
97. Heidi Shierholz, “EPI Comment Regarding DOL’s Proposed ‘Tip Stealing’ Rule,” comments submitted to the Department of Labor, Economic Policy Institute, February 5, 2018.
98. Heidi Shierholz, “EPI Comment Regarding DOL’s Proposed ‘Tip Stealing’ Rule,” comments submitted to the Department of Labor, Economic Policy Institute, February 5, 2018.
99. Heidi Shierholz, “Secretary Acosta Went to Great Lengths to Bury DOL’s Analysis Showing His Tip Rule Is Bad for Workers” (statement), Economic Policy Institute, March 28, 2018.
100. Heidi Shierholz, “A Perfect Pairing: New Tip Provisions and a Strong Minimum Wage,” Working Economics Blog (Economic Policy Institute), March 27, 2018.
101. Celine McNicholas, Margaret Poydock, and Lynn Rhinehart, Unprecedented: The Trump NLRB’s Attack on Workers’ Rights, Economic Policy Institute, October 2019.
102. Paul Starr, “The Tax Act That Lost Its Name,” American Prospect, June 28, 2018.
103. Maggie Corser, Josh Bivens, and Hunter Blair, Still Terrible at Two: The Trump Tax Act Delivered Big Benefits to the Rich and Corporations but Nearly None for Working Families, Economic Policy Institute and the Center for Popular Democracy, December 2019.
104. Tax Policy Center, Distributional Analysis of the Conference Agreement for the Tax Cuts and Jobs Act, December 2017.
105. Josh Bivens and Hunter Blair, “The Likely Economic Effects of the Tax Cuts and Jobs Act (TCJA):?Higher Incomes for the Top, No Discernible Effect on Wage Growth for Typical American Workers,” testimony submitted to the U.S. House of Representatives Ways and Means Committee, June 1, 2018; Josh Bivens, Cutting Corporate Taxes Will Not Boost American Wages, Economic Policy Institute, October 2017; Hunter Blair, “It’s Not Trickling Down: New Data Provides No Evidence That the TCJA Is Working as Its Proponents Claimed It Would,” Working Economics Blog (Economic Policy Institute), July 29, 2019; Josh Bivens, “International Evidence Shows That Low Corporate Tax Rates Are Not Strongly Associated with Stronger Investment,” Working Economics Blog (Economic Policy Institute), October 26, 2017; Josh Bivens, “Real World Data Continues to Show No Link Between Corporate Cuts and Wage Increases,” Working Economics Blog (Economic Policy Institute), November 3, 2017.
106. Brendan Duke, Pass-Through Deduction in 2017 Tax Law Could Weaken Wages and Workplace Standards, Center on Budget and Policy Priorities, December 2018.
107. Ian Kullgren, “OSHA Scrubs Worker Deaths from Home Page,” Politico, August 25, 2017.
108. Marni von Wilpert, “By Rescinding the Persuader Rule, Trump Is Once Again Siding with Corporate Interests Over Working People,” Working Economics Blog (Economic Policy Institute), June 13, 2017.
109. Kate Bronfenbrenner, No Holds Barred—The Intensification of Employer Opposition to Organizing, Economic Policy Institute and the American Rights at Work Education Fund, May 2009.
110. Celine McNicholas, Margaret Poydock, Julia Wolfe, Ben Zipperer, Gordon Lafer, and Lola Loustaunau, Unlawful: U.S. Employers Are Charged with Violating Federal Law in 41.5% of All Union Election Campaigns, Economic Policy Institute, December 2019.
111. Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested, Form T–1, 85 Fed. Reg. 13414–13465 (March 6, 2020).
112. Celine McNicholas, Heidi Shierholz, Josh Bivens, and Daniel Costa, The First 100 Days: President Trump’s Top Priorities Include Rolling Back Protections to Workers’ Wages, Health, and Safety, Economic Policy Institute, April 2017.
113. Deborah Berkowitz, “Trump Administration Rolls Back Workplace Injury Reporting Rule” (statement), National Employment Law Project, January 24, 2019.
114. Heidi Shierholz and Celine McNicholas, Understanding the Anti-Regulation Agenda: The Basics (fact sheet), Economic Policy Institute, April 2017.
115. Richard Trumka, “Silica Rule Delay Has Deadly Consequences for Working People” (statement), AFL-CIO, April 6, 2017.
116. Occupational Exposure to Respirable Crystalline Silica—Specified Exposure Control Methods, 84 Fed. Reg. 41667–41670 (August 15, 2019).
117. Celine McNicholas, Heidi Shierholz, Josh Bivens, and Daniel Costa, The First 100 Days: President Trump’s Top Priorities Include Rolling Back Protections to Workers’ Wages, Health, and Safety, Economic Policy Institute, April 2017.