Complying With Conflicting State and Federal COVID-19 Vaccine Mandates - What ABI Members Need to Know |
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As ABI reported in last week’s newsletter, the Iowa Legislature passed and Iowa Governor Kim Reynolds signed a new law in response to the Biden Administration’s proposed mandate for COVID-19 vaccination. This directive from the Biden Administration applies to all employees in businesses that employ more than 100 workers. Legislative leaders and the Governor had previously held that the best way to fight the yet published Biden mandate was through a court challenge, countering legislation passed last week during the special session called to approve a redistricting plan for Iowa.
Please join ABI in an online presentation on the new Iowa law. ABI will address what is known of the newly-released federal mandate and steps that all employers will want to take in attempting compliance. ABI decided to organize this Zoom meeting because there are financial implications for non-compliance under both the federal and state mandate.
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ABI MEMBER ZOOM MEETING
to discuss conflicting State and Federal COVID-19 vaccine mandates
November 12, 2021
10:00 AM
Virtual Event
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Special Election Set for Senate District 1 |
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In addition to the special session to address redistricting last week, State Sen. Zach Whiting announced he was resigning to take a job out of state. Whiting, a first-term senator from northwest Iowa, will be moving to Texas to work for the Texas Public Policy Foundation as a Senior Fellow of Technology Policy. Governor Reynolds announced the special election to replace Sen. Whiting will be Tuesday, Dec. 14. This seat is one of the most Republican districts in the state.
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Governor Announces Child Care Initiatives |
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This week, Iowa Governor Kim Reynolds released the final report that came as a result of the Governor’s Child Care Task Force. Emily Schmitt of ABI member Sukup Manufacturing Co. chaired this task force. At the press conference, the Governor stated, “We know that the key to economic growth is a highly skilled and qualified workforce. A child care shortage that prevents parents from entering or remaining in the workforce hinders our ability to meet this challenge.”
The Governor has implemented immediate action in the following areas:
- Implementation of a childcare management system
- Creation of a “Best Place for Working Parents” designation
- Additional $10 million in funding for the Child Care Challenge Grant Program
- $100,000 for integrated model of child care and preschool learning opportunities
- $200 million for funding stabilization grants for financial loss due to the pandemic.
Workforce continues to be a legislative priority for ABI and we look forward to working with Governor Reynolds and the Legislature in 2022 on many of the initiatives mentioned in the report. Click here to read the full release.
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Legislative Committee Reviews
Health Care Mandates in Iowa
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The Health Insurance Mandates Review Committee convened its first of two meetings this week to better understand the effect of current health insurance mandates on health care costs. This committee is also addressing health insurance mandates the Iowa Legislature considers every year. ABI supports the effort to review the cost of mandates generally in this setting, as it makes it easier for legislators to then resist pressure for specific mandates as they are presented by advocates during session. This week, legislators learned that however well-meaning, a health care mandate passed by the Iowa Legislature does not have universal application. Once federal preemption of mandates for some federally reimbursed plans and private sector plans that are self-funded takes place, only a fraction of business and individual policyholders would be affected. The committee holds its second and final meeting on December 8, 2021. Look for a final report from ABI staff at that time. In the meantime, contact JD Davis at jddavis@iowaabi.org with questions.
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Biden Administration Releases COVID-19 Emergency Temporary Standard |
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On Thursday, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) unveiled the COVID-19 emergency temporary standard (ETS) for private sector employers. Under this standard, starting December 5, 2021, employers with 100 or more employees - firm or company-wide - are mandated to provide paid time off to workers to get vaccinated, as well as paid leave for an employee’s recovery from any side effects. Employees who are not fully vaccinated will have to wear a face mask indoors or when inside a vehicle with another person for work purposes.
“As part of OSHA’s mission to protect the safety and health of workers, this rule will provide a roadmap to help businesses to keep their workers safe,” Deputy Assistant Secretary of Labor for OSHA Jim Frederick said in a released statement.
Starting January 4, 2022, employers are required to ensure workers have received a COVID-19 vaccination. This can be through the two doses of Pfizer or Moderna, or one dose of Johnson & Johnson. From this point, unvaccinated workers will also have to show a negative test weekly. If any employee, regardless of vaccination status, produces a positive COVID-19 test or gets a COVID-19 diagnosis by a licensed healthcare provider, that employee must promptly provide notice of those developments. The employer will have to immediately remove that worker from the workplace. If the employee is away from work for a week or longer, the employer is required to ensure that employee is tested for COVID-19 within 7 days before returning to work. These specific requirements will go into effect after the January 4 deadline for employees to get vaccinated.
The ETS does not require employers to pay for testing or face coverings, but that could be required under other laws, regulations, collective bargaining agreements, or other collectively negotiated agreements. Employers must provide employees information about this ETS, as well as the company’s workplace policies and procedures in place to adhere to the ETS.
State laws that prohibit or limit an employers’ authority to mandate vaccinations in the workplace are preempted by this ETS. HF902, enacted in Iowa on October 29, 2021, broadens the availability of exemptions to vaccine requirements and may or may not be preempted by the ETS and clouds employer compliance with the new OSHA ETS.
Governor Reynolds immediately released a statement following the ETS announcement, stating, “I believe the vaccine is the best defense against COVID-19, but I also firmly believe in Iowans’ right to make healthcare decisions based on what’s best for themselves and their families, and I remain committed to protecting those freedoms. President Biden should do the same.” Last week, Governor Reynolds announced the state of Iowa is joining nine other states to sue the Biden Administration for federal contractors.
“We will take immediate legal action to challenge the Biden Administration’s rule on vaccine mandates for employees of companies employing 100 or more,” Governor Reynolds added in her statement. ABI has previously criticized the proposed OSHA rule as misguided and supports legal action to challenge the rule.
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Book Tax Proposed in Build Back Better Framework |
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Under the Build Back Better proposal, corporations with more than $1 billion in profits reported on their financial statements would be subject to a 15% minimum tax. According to the National Association of Manufacturers, which is one of ABI’s federal partners, this proposal will affect the manufacturing sector because of the industry’s current practice of deducting capital equipment purchases the same year the manufacturers undertook those expenses to reduce the after-tax cost. This is called accelerated depreciation. Commonly, it amounts to 100% bonus depreciation.
The proposed “book tax” would alter this process, creating a situation where equipment and machines would have to be deducted over their “useful life,” rather than immediately. This would go into effect for tax years starting at the end of 2022. Learn more from the NAM.
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ABI President Mike Ralston and Vice President of Public Policy JD Davis provide a recap of ABI's DC Fly-In, where ABI's team met with Iowa's congressional delegation and ABI's federal partners to discuss policy issues affecting Iowa businesses.
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Celebrate National Apprenticeship Week (NAW) Nov. 15-21, 2021. Registered Apprenticeship continues to grow in Iowa to address critical workforce challenges and expand opportunities for rewarding careers. Thank you to the nearly 2,000 employers across Iowa demonstrating that this proven, industry-driven model works. That includes adding a record-breaking 181 new programs and 51 new occupations in the past year. If you are a participating business, please consider highlighting your involvement in Registered Apprenticeship on social media during NAW: #NAW2021. If your company wants to explore starting a program, contact Kris Byam at Iowa Workforce Development: kristopher.byam@iwd.iowa.gov. |
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Leadership Iowa Class Explores Agriculture and Renewable Resources in Mount Pleasant
The 40th Leadership Iowa class is taking part in its November session on agriculture and renewable resources this week hosted by the Mount Pleasant community. The group has explored their session topic with stops at Agri-Industrial Plastics, Hinterland Dairy, ISU Extension’s Southeast Research Farm, Eichelberger Farms and Graber Farms, as well as an incredible VIP experience at Midwest Old Threshers. They’ve enjoyed conversations on a variety of topics including an in-depth Q&A with Iowa Secretary of Agriculture Mike Naig. The session will conclude today at Iowa Wesleyan covering topics related to ag education and renewable energy, and time spent at unique local agribusiness Pomifera.
Next month's session will take place in Pella and focus on manufacturing.
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From the Desk of:
The Manufacturing Institute and Creators Wanted
-Creators Wanted Tour Live coming to Iowa!-
Right now, our industry faces a significant challenge – manufacturers across the U.S. have nearly one million open jobs to fill right now. That is why the National Association of Manufacturers (NAM), Manufacturing Institute (MI), Pella Corporation and Vermeer Corporation are bringing a three-day experience to Pella, IA to help excite and prepare local students to fill them.
We would love for you to join us at Creators Wanted Tour Live —the manufacturing industry’s largest effort to build the workforce of the future.
Tuesday, November 9
10:00 - 11:30 A.M.
CLICK HERE to learn more and RSVP for this new, immersive experience!
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Click on the headlines to learn about the latest ABI member news
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Free Employment Law Seminar
November 18, 2021
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November 18th, join ABI Advisory Council Member BrownWinick Law Firm for their 2021 Employment Law Seminar. Explore workplace topics you face on a daily basis with a special emphasis on trending topics like challenges associated with the pandemic.
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WiM Virtual Career Fair - December 2, 2021 |
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Registration is open for Women in Manufacturing's Virtual Career Fair, December 2, 2021, from 10 a.m. – 2 p.m. Employers who participate in the Virtual Career Fair will benefit from the unique opportunity to directly connect with WiM's pool of qualified candidates in manufacturing. With the ability to schedule chats and link through live video, companies can easily qualify new candidates to fill their open positions. CLICK HERE to learn more and register.
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TOP SUPPORTERS - GOVERNOR |
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