TECHNOLOGY & MANUFACTURING ASSOCIATION
E-NEWS BULLETIN
MANUFACTURING STRONG !
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PRESIDENT BIDEN ORDERS "VACCINE-OR-TEST" MANDATE FOR PRIVATE EMPLOYERS
Last week President Biden directed businesses with 100 or more employees to mandate that their employees get vaccinated or be tested weekly for COVID-19. Implementation of the President's directive will be through an "emergency temporary standard" (ETS) issued by the Department of Labor / OSHA.
What's Unknown: Given the lack of current details about the requirements, the unprecedented nature of the President’s strategy for enforcing mandatory vaccinations for private sector employees through OSHA, and numerous challenges to the legality of the Administration’s approach, employers are left with many unanswered questions related to this COVID-19 action plan. For example: Will the employer be required to pay for the mandated vaccine or testing; will they be required to compensate employees for time spent receiving weekly COVID tests; will the limited availability of COVID testing resources impact testing obligations; will there be medical or religious exemptions reflecting state laws; and will the leave provision of FFCRA be extended in some way beyond their current 9/30/21 expiration? More HERE.
What's Known: It can take a considerable amount of time before a new regulation can go into effect, and even then it can be subject to court challenge by those who are impacted by it. While an ETS is not subject to the strictures of the Administrative Procedures Act (APA), that doesn’t mean OSHA can adopt one without proving an emergency continues to exist at the time of implementation. In fact, OSHA has not successfully issued an ETS since 1978. Its last attempt before COVID was invalidated by a U.S. Court of Appeals in 1984 based on failure to prove an ongoing emergency. More recently, a federal appeals court rejected a lawsuit by the AFL-CIO seeking to force the Trump-era OSHA to adopt an ETS. Both incidents may indicate how unfriendly the courts could be.
Additionally, federal OSHA only controls enforcement in about 28 states; the remainder regulate workplace safety through state agencies and laws. Accordingly, the sheer scope of this new order creates an enormous number of management and cost complications. Even employer groups that have embraced the concept of the President’s order are questioning how these details will eventually be worked out. More HERE.
What to Do: Until there is an ETS, members should continue to operate as they've been doing regarding vaccinations and workplace safety. TMA will continue to monitor the situation and alert you to any changes that may impact your business.
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AMERICANS LESS LIKELY TO WORK FAR INTO THEIR SIXTIES
According to the New York Federal Reserve’s July labor-market survey, the share of respondents expecting to work past the age of 62 dropped to 50.1% from 51.8% a year earlier—the lowest number on record in the survey’s seven-year history. Only 32.4% of respondents said they’re likely to be employed beyond age 67, down from 34.1%. The new survey numbers come amid a wave of early retirements triggered by the pandemic. Since March 2020, more than 1 million older workers have left the labor force, a worrisome trend since older workers have accounted for “virtually all net job growth since 2000,” according to the report. More HERE,
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HALF OF U.S. SMALL BUSINESSES HAVE UNFILLED POSITIONS
According to the NFIB a record share of U.S. small-business owners had vacant positions in August, and an unprecedented number boosted wages to lure workers. Fifty percent of firms had job openings they could not fill last month, up 1 percentage point from July and the largest share in monthly data back to 1986, according to the NFIB data. A record 41% of small-business owners said they raised compensation. More HERE.
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ANNUAL REPORT CARD ON AMERICAN WORKFORCE
The Littler law firm's Workplace Policy Institute has issued its annual Labor Day Report examining the state of the American workforce. This year’s Report covers employers’ ongoing pandemic-related challenges including vaccination mandates and staffing shortages, as well as insight on what employers can expect in the coming months from the Biden administration. More HERE.
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BIDEN ADMIN APPROVES AFFIRMATIVE ACTION CERT FOR FEDERAL CONTRACTORS
The Office of Management and Budget (OMB) has approved OFCCP’s Affirmative Action Program Verification Interface (AAP-VI). Currently, federal contractors submit their affirmative action programs (AAP) via mail or email and are not required to certify annually to the OFCCP that they have updated their AAP(s). According to the OFCCP, the AAP-VI system is designed to be the primary source for federal contractors to enter, track and submit their affirmative action programs for review by the OFCCP. The OFCCP has not yet identified an implementation date. More HERE.
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CHANGES IN PROCESS OF PPP FORGIVENESS APPLICATIONS
The Small Business Administration (SBA) announced that it was discontinuing any reliance on the Loan Necessity Questionnaire, which the SBA had required of each borrower that received Paycheck Protection Program (PPP) loans with a principal amount of $2M or greater. The SBA explains that use of the forms have caused delays and do not provide for efficient use of SBA audit resources. More HERE.
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DOL REVERSES COURSE ON USE OF EEO-1 PAY DATA
The Office of Federal Contract Compliance Programs (OFCCP) announced that it was rescinding its prior position on EEO-1 compensation data with an eye towards using the data to uncover pay disparities across industries and occupations. According to the agency, the Trump administration’s decision not to “request, accept, or use” the data “was premature and counter to the agency’s interest in ensuring pay equity.” As many have argued, the collection of Component 2 data poses a significant administrative burden on employers while yielding composite information of questionable utility at best and may have the potential to expose contractor pay data to public disclosure through FOIA requests. More HERE.
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DRUG SCREENING POLICY SURVEY RESULTS
NAM has released their drug screening survey to provide manufacturers with a clearer picture of where the industry is going with respect to drug testing. Between the legalization of medical and recreational marijuana in over a dozen states, prohibitions against reprisals for failing a drug test because of marijuana use in select states, and the ongoing labor shortage, the survey sought to uncover trends, best practices, and emerging legal risks. The survey found that: 1) Changes are coming. Although most respondents (67%) have not altered their pre-employment marijuana screening policies in the last three years, nearly half (43%) are currently considering eliminating or changing their company’s screening protocol; 2) Dubious utility. About 72% of respondents are unsure whether pre-employment marijuana screening contributes to a safer workplace. And 65% are likewise unsure about whether post-incident screening contributes to safety; 3) Uniform policies across states. Among respondents who conduct marijuana screening, an overwhelming majority (85%) do not handle screening differently in states where recreational and/or medical marijuana use is legal. Read more HERE.
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DEMOCRATS RELEASE DETAILS OF PROPOSED TAX INCREASE
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TMA ISSUES STATEMENT FOLLOWING PASSAGE OF COSTLY ENERGY BILL
Following months of negotiations with unions and environmentalists (but zero consultation with business owners), the Illinois General Assembly muscled through a massive clean energy bill this week that includes the largest rate increase for homeowners and business owners in Illinois history. TMA issued the following statement following the vote:
“Manufacturing is responsible for more than 30% of our country’s energy consumption. Yet Springfield politicians once again disregarded the concerns, ideas, and collaborative offers from Illinois manufacturers as they pushed through this costly energy bill. What will it take for the Governor and state legislators to bring the small and mid-sized job creators to the negotiating table?
“This bill makes Illinois’ energy less reliable and more expensive. In fact, it will result in the largest rate increase in Illinois history, and is another punishing blow for Illinois manufacturers and their employees.”
Click HERE for more information about the impact of the legislation on manufacturers.
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9.21.21 | TMA Christians in Mfg. Volunteer Event
Join us for the 5th Annual TMA Volunteer event hosted by the Christians in Manufacturing Committee at Feed My Starving Children. Help make and send out meals to families in need around the world! Pizza at TMA beforehand.
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Time: 5:00pm-7:30pm
Cost: $10
Location: TMA Schaumburg
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9.22.21 | South Burbs Manufacturers' Breakfast
Come enjoy some coffee and conversation with your fellow manufacturers!
We welcome our guest speaker, Mike Weber, President of MLW Marketing, Inc. Free to attend, manufacturers only please.
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Time: 7:00am-8:30am
Cost: Free to Members
Location: Tinley Park, IL
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9.23.21 | Manufacturers' Brewery Event
The idea of a brewery sparked the interest of three men back in 2013. Two years later, Alter Brewing Company was born! The TMA Supplier Network Committee invites you to take a break and join your fellow manufacturer's at Alter Brewing for craft beers and bites. Manufacturer's only please.
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Time: 5:30pm-7:30pm
Cost: Free to Members
Location: Downers Grove, IL
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10.28.21 | Technology for the Future Workforce
Join Global Midwest Alliance, Wipfli, AMT, and TMA for an interactive panel discussion on the impact technology will have on the nature of work and the composition of the workforce. More info HERE.
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Time: 7:30am-10:30am
Cost: $95
Location: TMA Schaumburg
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THEY'RE BACK!
Signs point to ransomware-as-a-service outfit REvil taking the unprecedented step of returning to the fold.
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TMA | CYBERSECURITY: Cybersecurity is a must for any small and medium-size manufacturer. TMA can help connect you with fellow members that can assist you with cybersecurity. For assistance, contact us HERE.
TMA | CYBER INSURANCE: To help protect your business, TMA has partnered with Daniel & Henry Company to provide you risk-mitigation and cyber insurance to help you cover vulnerabilities. More HERE and HERE.
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Since its founding in 1925, TMA has served as a training resource for small and mid-size manufacturers. We help our members educate and certify their personnel at all levels - from entry to apprentice to owner/manager. Learn more HERE.
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