Employer input into the adoption of laws and enacting of labor law rules and regulations is critical. Too often, laws passed with good intentions have proven to be confusing and costly to the employer and do little for the employees the laws were meant to serve. In 2009, TAB opposed and defeated 70 plus employment relations bills that would have made it much more difficult and more expensive for employers to operate their businesses.
The voice of business was heard at the Capitol last session, which made a significant impact on the Texas economy today. Job growth trends in Texas continue to outpace the United States. Texas employment has grown every month in 2010 with more than 155,000 jobs added in the first half of 2010.
While we are experiencing many positive trends across the state, too many Texans still exhaust unemployment insurance (UI) benefits, even when unemployment rates are very low. Approximately 150,000 unemployment claimants in Texas (as of July 2010) have exhausted all available benefits, yet are still not gainfully employed.
Texas employers can now receive a wage subsidy for hiring unemployed workers under a two-year program funded by the Legislature last session. Texas Back to Work offers employers a wage subsidy up to $2,000 for hiring qualified out-of-work Texans. This program is a great tool that should be utilized by employers, but statutory changes are also needed to ensure that those receiving benefits are unemployed through no fault of their own, are available for work, and are actively seeking work.
One example would be for the Legislature to adopt a drug testing program for UI beneficiaries who misuse benefits. Any UI recipient testing positive for drugs is in essence not available for work and should not be burdening the UI system. While legislation was filed last session to this effect, it did not pass either legislative body.
Arbitration. Oppose any effort to modify the Halliburton case where the Supreme Court upheld an employer’s right to establish a mandatory arbitration program applicable to at-will employees.
Devolution of federal programs to the states.Support transferring control over federally mandated programs like unemployment insurance to 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.
Drug testing for UI beneficiaries. Support drug testing as a requirement for receipt of unemployment benefits and to certify UI claimants as drug-free applicants.
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 allTexas 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 modify the FMLA, 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.
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 that cannot be supported by improvements in productivity and that deprive many entry-level workers of job opportunities.
Pay equity. Strongly support the current law on pay equity.
Payday law reform. Support reform of the Payday Law to achieve greater consistency with provisions of federal law. Support legislation to eliminate the Payday Law’s applicability to non-wage benefits including vacation pay, sick pay, etc. Support capping the amount of wages that may be claimed under the statute.
Public Collective Bargaining Rights. Oppose any expansion of collective bargaining rights in the public sector since the current system adequately provides for employee participation without the potential for disruption of services.
Property Rights of Business Owners Support the right of employers to protect their employees, customers, suppliers and visitors by prohibiting employees from bringing firearms to work, including having guns in their vehicles in the parking facility.
Right-to-work. Support efforts to keep Texas a right-to-work state and oppose agency shop legislation.
Sexual orientation. Oppose expansion of the current coverage of the Texas Human Rights Act that may cause additional litigation.
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 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. These 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.