Chamber Submits List of Federal Rules That Need Repeal to VP-Elect Pence

The Indiana Chamber is championing the repeal of “the most egregious rules, regulations and executive orders that occurred in recent years.” These targets for the Trump administration were submitted to Vice President-elect Mike Pence this week, just ahead of the inauguration.

The list, per Indiana Chamber President and CEO Kevin Brinegar, contains “issues we have repeatedly heard about from our member companies because they hinder their ability to prosper and provide more jobs for Hoosiers.”

These issues include increased EPA air quality standards leading to much higher energy bills with minimal environmental impact, the overtime rule that would jeopardize jobs and business growth, costly rules related to Obamacare, misguided workplace safety regulations and a fear that the FCC’s net neutrality position could stifle innovation.

“It was all too common for President Obama to circumvent Congress by issuing executive orders and to encourage federal agencies to overreach their authority and diminish economic growth,” Brinegar says.

“The Indiana Chamber is very hopeful this troubling pattern will change under President-elect Donald Trump, and we have encouraged his administration to take action to undo many of the detrimental measures enacted in this manner and to get our economy moving again.”

The 17 suggestions for repeal and their impacts are available at www.indianachamber.com/federal.

The Indiana Chamber also made the state’s congressional delegation aware of these priorities.

How Will the 2016 Elections Impact Labor and Employment Policy?

UWe’re all still recalibrating after last Tuesday’s election results. While the citizenry ponders what this means for the country and the issues dear to us, the impact on labor and employment policy is a top consideration for business-focused organizations like ours.

Harold P. Coxson of the law firm Ogletree Deakins articulated some thoughts in a blog post just after election night:

What do last night’s election results mean for labor and employment policy? In the first place, it means that Republicans will control the White House and both the House and Senate.

For another, it means that President-elect Trump will select the candidate for the current vacancy on the Supreme Court of the United States, as well as seats on the 12 federal circuit courts, only four of which remain under the control of judges appointed by Republican presidents.

It also means that President-elect Trump will fill the two vacancies on the National Labor Relations Board with two Republicans, thus switching majority control of the agency on his first days in office. The NLRB’s record of historic reversals of long-established labor law precedent in areas such as joint-employment, independent contractors, waivers of class and collective actions in arbitration agreements, “ambush” union elections and micro bargaining units will, over time, be reversed.

It means the appointment of other key policy positions throughout the federal labor agencies, including the Secretary of Labor, Solicitor of the U.S. Department of Labor, Assistant Secretary of Labor for Occupational Safety and Health, and Administrator of the Wage and Hour Division. They, in turn, will be expected to roll back or recall many of the controversial labor and employment regulations, such as the recently issued Part 541 overtime regulation, the Fair Pay and Safe Workplaces (government contractor “blacklisting”) executive order and implementing regulations, and the Labor-Management Reporting and Disclosure Act’s revised “persuader activity” regulations.

The election results also represent an opportunity for Congress to promulgate regulations and pass legislation that would represent responsible immigration policy on a path to earned legalization of undocumented workers and that would repeal and replace the Affordable Care Act (Obamacare).

As a result of last night’s elections, the Chairman of the Senate Health, Education, Labor and Pensions Committee will likely remain with Sen. Alexander (R-TN) rather than Sen. Bernie Sanders (I-VT). The House Education and the Workforce Committee will be chaired by Rep. Virginia Fox (R- NC) with Rep. Bobby Scott (D- VA) likely to remain as Ranking Democrat.

Whether the election results will bring about greater bipartisanship and less political acrimony and gridlock remains to be seen. However, with Republicans controlling the White House and Congress, those angry voters who complained that “nothing ever gets done in Washington” will expect better.

Trump Tax Plan 2.0

19145168Republican presidential candidate Donald Trump recently announced revisions to his tax plan. And it has already been broken down and analyzed by the Tax Foundation. Individuals would be subject to just three possible rates: 12% for up to $37,500 in income; 15% for up to $112,500; and, 33% for over $112,500 (all double for married couples.) The top capital gains rate would be 20%. It would also increase the standard deduction to $15,000 (currently at $6,300.) Carried interest would be taxed as ordinary income. And there are other changes including a new childcare cost deduction.

As for business taxes, the plan reduces the corporate rate from 35% to 15%. It has a lesser rate of 10% for repatriated foreign profits. But on the negative side for manufacturers, it takes away the Section 199 domestic production activities deduction. The research credit is left intact. Unfortunately, it is not clear that the reduced corporate 15% rate will be applicable to business pass-through income (stay tuned on that.)

The estate and gift tax would be eliminated. However, the inheritors would eventually have to pay on the full gain realized when they sell the asset, without the benefit of a stepped-up basis.

What about the impact on revenues and our federal debt? Well, the new plan is better in that regard than the original. The static evaluation is that it will reduce revenues (increase the debt) somewhere between $4.4 trillion and $5.9 trillion (depending on the unspecified details) over 10 years; that is roughly half of the estimate of the plan he first outlined. The dynamic analysis, factoring in economic growth improvement associated with tax cuts, lessen the overall impact, but those numbers are inherently more speculative.

See the complete analysis and full breakdown from the Tax Foundation.

Clinton vs. Trump? A Taxing Decision in November

Now that the election process is to the point where the presidential nominees of the two major parties appear clear, it’s a good time to start considering their various tax plans. Although things can change, details will have to be determined and Congress will have its say, below are some of the current proposals from the two presumptive candidates.

Individual Income Tax
Donald Trump proposes just four brackets; Hillary Clinton proposes eight brackets.

trump clinton tax

Deductions
Clinton caps itemized deductions at 28% of the deduction. Trump phases out all deductions except for the charitable deduction and the mortgage interest deduction.

The Alternative Minimum Tax (AMT)
Clinton creates a new minimum 30% rate on individuals earning over $1 million, while Trump eliminates the AMT.

Corporate Income Tax
Trump lowers the top corporate rate to 15%; Clinton has no specific proposal at this time.

Estate Tax
Clinton increases the top estate tax rate to 45% and lowers the estate tax exclusion to $3.5 million. Trump eliminates the estate tax.

Effect of Plans on the Deficit
And as a final note, you may also want to consider how these proposals will likely impact our federal deficit. Trump’s plan is projected to increase the deficit by $9.5 trillion over the next 10 years; Clinton’s is estimated to reduce the deficit by $1.2 trillion over that same period of time.

Cook: America’s Political Infatuation Better than Indifference

Cook_CharlieCharlie Cook is editor and publisher of the Cook Political Report and a political analyst for National Journal magazine. Cook is considered one of the nation’s leading authorities on American politics, and The New York Times has called him “one of the best political handicappers in the nation.”

Cook will be the keynote speaker at the Indiana Chamber’s 2016 Legislative Dinner on February 9. (Get your tickets now!) I recently spoke with him for an evaluation of this very turbulent time in American politics.

Below is one of the questions (and stay tuned for more soon):

Perhaps I’m asking the wrong person, but do you think people pay too much attention to politics (compared to policy or other global affairs)? It seems like the presidential primary and election is such a long process in the U.S. – especially compared to Canada – and is always highly covered. Are we at risk of political fatigue in some way?

Cook: This is such an unusual election. Our campaigns are always long, and they’re getting longer. But that’s the nature of our elections. It’s not like a parliamentary system where the prime minister calls an election and five or six weeks later there is an election.

But it’s a combination of two things: 1. It is important who’s President of the United States. Whoever it is, whether we like them or not, we have to live with them for four to eight years; 2. It’s almost like a sporting event with people handicapping it the way they’d talk about a Colts game. I think it’s perfectly healthy. I’d rather people have a curiosity about it for a long time than they think it doesn’t matter. In that sense, some of the fascination with Donald Trump is healthy in that it’s channeling anger and alienation into the process, rather than people just throwing up their hands and giving up.

Now, I don’t think Trump will be the Republican nominee, and if I’m right, the question is: What will happen to those Trump voters who are alienated and angry? In the absence of Trump, will they withdraw from the process? That’s an important question.