Governmental Issues

TAB Issue Area:  Workforce

Area Manager: Jack Campbell,
Governmental Affairs Manager
512/477-6721 x.116
jcampbell@txbiz.org

WORKFORCE/EMPLOYMENT RELATIONS

  While all businesses feel the impact of a growing economy, the most acute awareness comes when companies try to recruit and keep a qualified workforce. Because of our economic success and changing demographics, Texas unemployment rates have steadily decreased over the past several years.

As the available workforce grows at a slower pace and diversifies, employers have to adapt personnel policies and procedures to meet the  needs of an ever-evolving population. The constraints of overly complex and antiquated employment laws and regulations hamper that adaptability.

Maintaining an economic climate that encourages job creation and expanded economic opportunity requires employer input into the adoption of laws and promulgation of rules and regulations.

Improving current employment laws is critical to the future economic well-being of Texas. To that end, TABCC's 2001 legislative program includes:

Devolution of federal programs to the states. Support transferring control over federally mandated programs like unemployment insurance to the  states, thereby reducing employers' tax burdens and increasing local control over workforce-related programs.

Drug Testing. Oppose attempts to restrict the rights of employers to conduct random and/or universal drug testing of employees.

Employer control over work environment. Support efforts to maintain employers' prerogative to control the workplace, thereby creating a safe,  satisfying and harmonious working environment.

Employment-at-will. Oppose legislation that would erode employment-at-will as a right for all Texas employers and employees.

Ergonomics. Oppose legislation and regulations on a federal level that would increase the already-considerable burden on employers regarding OSHA requirements.

Fair Labor Standards Act reform. Support efforts to reform the wage and hour laws by allowing more flexibility for employers and employees in hours worked during a pay period before mandating overtime pay.

Family and Medical Leave Act. Oppose efforts to lower the threshold for FMLA coverage from the current 50 employees that would subject  even more employers to the complicated and burdensome requirements of that law, and oppose any initiatives to require employers to pay for FMLA leave with unemployment insurance taxes.

Fraud control. Support legislation to allow TWC to hire outside contractors on a pay-for-performance basis to assist in efforts to detect and remedy unemployment benefits fraud.

Immigration laws. Support proposals on a federal level to increase the cap on H-1B visas and reduce the long processing times for H-1B  applications, thus allowing employers to better meet their hiring needs for technical workers in a tight labor market.

Living-wage ordinances. Oppose piecemeal mandates that vary from city to city requiring employers to pay a wage level higher than the federally required minimum wage.

Minimum wage. Oppose arbitrary increases in minimum wage which cannot be supported by improvements in productivity and which deprive many entry-level workers of job opportunities.

Payday law reform. Support reform of the Payday Law to achieve greater consistency with provisions of federal law and provide an administrative appeal process at the Commission level to reduce the cost of litigation.

Right-to-work. Support efforts to keep Texas a right-to-work state and oppose agency shop legislation.

Subsidized training wage. Support legislation to allow employers to apply part of their unemployment insurance taxes toward the cost of training workers for their businesses.

Unemployment insurance reform. Support unemployment insurance reform to improve effectiveness and reduce the burden to employers,  including legislation treating severance pay the same as wages in lieu of notice, tightening up on work search requirements for claimants, and improving TWC's verification procedures for unemployment claims.

Unemployment Savings Accounts. Support fundamental changes in the unemployment insurance system that would abolish traditional  federally-controlled unemployment insurance programs in favor of establishing individual Unemployment Savings Accounts (USAs) for employees that would be available if needed for unemployment, training or  as a supplement to retirement income.

Union dues check-off. Oppose efforts to allow public employees or require private employers to subsidize or promote labor unions or similar  organizations through payroll collection of dues and contributions.