|
|
|
|
|
FLSA RULES PUT ON HOLD
A recent federal court action has at least temporarily delayed implementation of the U.S. Department of Labor's (DOL) overtime regulations that were set to take effect by Dec. 1, 2016. The decision by the U.S. District Court for the Eastern District of Texas blocked the regulations through a nationwide preliminary injunction, leaving employers in a quandary on whether to proceed in the meantime with implementation plans that had been under development and, in many cases, already announced to employees.
The overtime rule, issued in May 2016, would update the threshold for exemption from overtime pay under the Fair Labor Standards Act from $23,660 per year to $47,476 annually, with automatic increases every three years beginning in 2020. In September, two separate lawsuits were filed to block the rule from taking effect - one on behalf of 21 states and another by the U.S. Chamber of Commerce and 50 other business entities - alleging that the Department overreached its authority by establishing a federal minimum salary for professional employees. The states further claimed the new rule would substantially increase employment costs for state and local governments, ultimately forcing governments to cut services or lay off employees.
The ruling casts doubt on future implementation of the overtime rule, because court proceedings could stretch into the new year, and because the rule is one that the incoming Trump administration has highlighted for roll-back. Congress had already taken action to delay implementation of the rule as well, with the U.S. House approving legislation in late September that included a provision to delay the rule until June 2017, though its further prospects are uncertain given the approaching Congressional adjournment.
While the rule is not enforceable by the federal government with the injunction in place, counties determining whether to move forward with application of the rule in the meantime should consult with their solicitors and human resources team, and make a local judgement based on that advice.
|
|
AUDITOR GENERAL RELEASES REPORT ON ACT 13 IMPACT FEES
Auditor General Eugene DePasquale has released an audit of Act 13 of 2012, in particular looking at whether the PUC has accurately calculated and distributed impact fees to local governments, whether all required reports have been filed and appropriately processed by the PUC, and whether local governments have used Act 13 impact fees in accordance with the law.
According to the audit, DePasquale argued that thelaw must be revisited to correct vague spending requirements, a lack of state oversight, and poor reporting questions. In particular, he recommended providing more specific guidance on the allowable uses of the funds, and further suggested a state agency be granted authority to monitor local governments' spending of impact fee funds as well as to promulgate regulations regarding use of funds. The full report is available at www.paauditor.gov.
Under the current law, the 13 categories of uses were left purposefully broad by the legislature to account for the differences among counties and municipalities in terms of impacts, even within a particular category. To read more about the benefits of the shale gas impact fee to counties, see CCAP's written testimony to a joint hearing of the House and Senate Environmental Resources and Energy and Local Government committees in March 2015, available by clicking on Legislative Testimony at CCAP's Legislative Action Center. In addition, the expenditure reports filed with the PUC by all 37 counties receiving local impact fees can be viewed at www.act13-reporting.puc.pa.gov.
|
|
RECENT SOUGHT IN FEDERAL COURT
Although Election Day is now in the review mirror, it remains an ongoing matter for the commonwealth as former Green Party presidential candidate Jill Stein and a co-petitioner filed a lawsuit in the United States Eastern District court on Dec. 8 to request a statewide recount. The suit alleges that the state has some of the most vulnerable, outdated and unsecure voting equipment in the country, and that the inability of most voters to check a paper trail limits Pennsylvanians' voting rights.
Although Stein had previously sought a state court order for a statewide recount, a state judge required the more than 100 voters who brought the lawsuit on her behalf to put up a $1 million bond to cover the costs of a recount before their case could be considered in Commonwealth Court, leading the petitioners to withdraw the suit. State officials have responded to the lawsuit filings indicating that they do not have any reason to believe there was fraud in the Nov. 8 election.
According to media reports, a review of results on the memory flash cards of voting machines in 52 of Allegheny County's 1,300 precincts showed no votes were miscounted or erroneously tallied compared to the results reported on election night. Voters in several other counties' precincts have also petitioned for recounts. If those precinct recounts were to bring the official vote count in the presidential race within half a percentage point, a statewide recount would automatically be held under state law. At press time, PA Department of State election results indicated that Donald Trump led Hillary Clinton in the commonwealth with 48.58 percent of the vote compared to 47.85 percent, on a margin of 44,307 votes out of 6,115,446 votes cast.
A hearing on the federal lawsuit has been scheduled for Dec. 9; Pennsylvania's deadline to certify its election is Dec. 13, and the Electoral College is scheduled to vote on Dec. 19. Similar recount efforts have also been advanced by Stein in Michigan, Nevada and Wisconsin, and hearings are also pending in those states.
|
|
CITY-COUNTY OPIOID TASK FORCE PUBLISHES REPORT
Recommendations for local, state and federal leaders to address the opioid epidemic were released in mid-November by a joint task force of the National Association of Counties (NACo) and the National League of Cities (NLC). Erie County Executive Kathy Dahlkemper served on the task force, which was charged with developing a coordinated approach to enhance awareness, facilitate peer exchange, and identify policy solutions.
Over the past several months the task force held numerous conversations with local officials from across the country, including public health directors, prosecutors, law enforcement officials and substance abuse directors, to develop its recommendations which focus on leadership, prevention and education, treatment, and public safety and law enforcement. Further, the report highlights examples of city and county programs that are helping communities decrease their rates of opioid-related overdoses and fatalities.
The full report can be accessed at opioidaction.org.
|
|
FEDERAL LEGISLATIVE UPDATE
At the time of publication of this Bulletin, Congress is finalizing work on a temporary budget bill as it closes out the final days of its legislative session. In the absence of regular spending bills for the current fiscal year that began Oct. 1, Congress had previously approved a stopgap measure; to avoid a government shutdown, Congress must now appropriate funds before midnight on Dec. 9, when the current stopgap measure expires. The new Continuing Resolution (CR) would extend current funding levels for most federal agencies through April 2017. NACo has reported that Congress is on track to pass the CR by the Dec. 9 deadline.
In the meantime, the U.S. House of Representatives has overwhelmingly passed the 21st Century Cares Act, which includes provisions related to criminal justice, mental health and addiction. Senate Majority Leader Mitch McConnell indicated that his chamber would send the bill to the President's desk before the Senate recesses, and the White House has issued a statement of support.
Specifically, the legislation would reauthorize the Mentally Ill Offender Treatment and Crime Reduction Act to support local efforts to decrease mental illness in jails, reauthorize the Community Mental Health Services and Substance Abuse Prevention and Treatment block grants, and authorize $1 billion over two years for state grants to supplement opioid abuse prevention and treatment activities. Funding for the state grants has not yet been appropriated, and funding for the entire $6.3 billion package also remains in question.
Further, a compromise version of a comprehensive water infrastructure package, co-authored by Congressman Bill Shuster (R-PA), chair of the House Transportation and Infrastructure committee, was introduced on Dec. 5. The compromise would authorize Water Resources Development Act (WRDA) water
resource projects and policies for navigation, flood control, hydropower, recreation, ports, harbors, inland waterways, water supply and emergency management for the U.S. Army Corps of Engineers. However, movement of the WRDA bill is
uncertain because the compromise measure also contains controversial provisions related to the California drought.
|
|
DEPT. OF AGING ANNOUNCES LONG-TERM-CARE COUNCIL MEMBERSHIP
The state Department of Aging recently announced appointments to the Pennsylvania Long-Term Care Council, created under Act 64 of 2015, sponsored by Rep. Lynda Schlegel Culver (R-Northumberland) to replace the Intergovernmental Council on Long-Term Care. The council consists of 35 members, who are charged with making recommendations on regulations, licensure, financing and other areas regarding long-term care services and support systems throughout the state.
Among the members appointed to the Council was Westmoreland County Commissioner Ted Kopas, along with other state department and agency officials, members of the General Assembly, and others with experience in the long-term care system such as care givers, advocates and consumers. The Council held its first meeting Nov. 30, and is expected to focus on the areas of regulatory review, access to quality care, community access and public education, and long-term care service models and delivery, to assure Pennsylvania seniors and individuals with physical disabilities receive adequate access to quality care.
|
|
| |
|
