Whether lobbying Congress with our partners at Jones Walker, or education on pressing industry legal issues from our general counsel, Jeff King, the WFCA is committed to championing the causes and issues that are important to you as a retailer. See below for the current issues impacting your business and how you can help to make your voice heard on the hill.
What Can We Expect In A New Trump Administration
President-Elect Donald Trump is poised to expand upon policies he implemented during his first term in office, including taxes, immigration, and tariffs. The newly elected president and his administration will likely target many Biden Administration policies on employee policies, and more. While it's not certain when or how those policies might be enacted, many of these actions could be set forth by executive order in the initial days and weeks of a second Trump Administration
Below are some anticipated changes that could directly impact flooring retailers and contractors. Together with our partners at Jones Walker, the WFCA Lobbying team will work to address these issues with Congress and the Trump Administration on to protect WFCA members’ interests.
Taxes: President-Elect Trump promised to extend the expiring provisions of the Tax Cuts and Job Act (TCJA). Many of the provisions of the TCJA expire on December 31, 2025, including qualified business income deduction (QBTD) that reduced taxes for LLCs and subchapter S corporations. President-Elect Trump wants to make permanent the expiring tax provisions of TCJA as they relate to individual tax provisions. He also plans to further lower the corporate income tax rate from 21 percent to 15 percent. The WFCA lobbying program will focus on protecting and possibly expanding the QBTD.
Other tax cuts were also floated, including exempting tipped income and Social Security benefits from federal taxes. The ultimate size and shape of any tax cut may hinge on whether Republicans retain control of the House of Representatives. Regardless of who controls the House, it is likely that most individual tax cuts, including the QBTD, will be extended.
Tariffs: President-Elect Trump has proposed adding a tariff of 10% to 20% on all imports, with significantly higher levies on imports from China. It is likely that he will do this by executive action without Congressional approval. This will impact the costs of imported goods and materials. WFCA will monitor and work to minimize the impact on flooring retailer and contractors.
Another likely issue will be the United States-Mexico-Canada Agreement (USMCA). President-Elect Trump has said that he will formally notify Mexico and Canada of his intention to utilize the six-year renegotiating provision to renegotiate the Agreement.
Immigration: President-Elect Trump has called for mass deportation of immigrants who are in the U.S. illegally. This will likely result in increased immigration raids at worksites, in which government officials arrive at a site with the intention of arresting undocumented workers. There will likely be a sharp rise in I-9 audits as well. There were roughly 12,000 I-9 audits during President Trump’s last year in office, as compared to around 400 during President Biden’s last year. These raids and audits will focus on industries that have large numbers of immigrant workers, including construction.
President-Elect Trump also has plans to restore the Remain in Mexico program and roll back Temporary Protected Status designations, as well as end the immigration parole program for those in humanitarian crises. Additionally, President-Elect Trump has promised to enact a travel ban for people entering from several Muslim-majority nations and regions, including the Gaza Strip. Analysts at the Brookings Institution, the American Enterprise Institute and the Niskanen Center project that net migration to the U.S. could be sharply lower, and even negative, during President-Elect Trump’s second term. As a result, this stricter approach to immigration is likely to affect industries like construction, hospitality, and manufacturing.
WFCA is working with several Congressional members to develop an immigration program that deals with immigrations problems and could provide legal pathways for needed immigrant workers.
Regulations. Under President-Elect Trump, there will likely be a rollback of a number of regulations enacted under the Biden administration. Two significant Biden regulations, the white collar overtime and independent contractor rule, will likely be repealed and replaced with the rules that the Trump administration issued during his first administration. It is also anticipated that enforcement of regulations at federal agencies will be impacted, including regulations at the Occupation Safety and Health Administration (OSHA), the Environmental Protections Administration (EPA), and the Equal Employment Opportunity Commission (EEOC). WFCA will continue to monitor and comment on any proposed regulations to protect its members.
Workforce Development: It is anticipated that the incoming administration will continue the strong support for workforce development initiatives, alternative career pathways and apprenticeships. The WFCA will continue to work with Congress to promote the investing in, the training of and the development of skilled flooring installers.
The WFCA is committed to championing the causes and issues that are important members. For more information on WFCA’s lobbying efforts, please visit Jones Walker Government Relations and Legislative Advocacy.
This year has brought considerable reform to workplace law. With 2023 coming to a close, it is time to recap this year’s legal changes and prepare for what 2024 will bring. See below for articles from Jones Walker highlighting the most significant developments in labor and employment law from the past year.
For more guidance, please contact a member of the Jones Walker Labor & Employment Practice Group.
Client Alerts
"EEOC Rolls Out New Guidance on Harassment in the Workplace," Jones Walker LLP Labor & Employment Client Alert - H. Mark Adams and Madison Gaines
"Fifth Circuit Overturns Decades-Old Precedent, Expands Scope of Employment Discrimination Claims," Jones Walker LLP Labor & Employment Client Alert - Jennifer Faroldi Kogos and Jacob J. Pritt
"OSHA Is Not Backing Down — Employers Must Address Risks of Extreme Heat," Jones Walker LLP Labor & Employment Client Alert - Jane Henican Heidingsfelder and Connor H. Fields
"Practical Considerations for Corporate DEI Programs Following the Supreme Court's Affirmative Action Decision," Jones Walker LLP Labor & Employment Client Alert - H. Mark Adams and Emily Gauthier
"Religious Accommodation Requirements Just Took a Turn," Jones Walker LLP Labor & Employment Client Alert - Sidney F. Lewis, V
"Sexual Assault and Sexual Harassment on Vessels: the Safer Seas Act and Legal Implications on Vessel Owners and Operators," Jones Walker LLP Maritime Client Alert - Sidney F. Lewis, V and Sara B. Kuebel
"Employer Obligations to Address the Rise in Workplace Violence," Jones Walker LLP Labor & Employment Client Alert - Jane Henican Heidingsfelder and Jacob J. Pritt
"New Federal Laws Require Additional Protections by Louisiana Employers for Pregnant Workers and Nursing Mothers," Jones Walker LLP Labor & Employment Client Alert - Jennifer Faroldi Kogos
Blog Posts
"NLRB Issues Memo on Non-competes Violating NLRA," Trade Secret Insider Blog - Sidney F. Lewis, V
"Legal Challenges the FTC Faces in Light of Proposed Ban on Non-Compete Agreements," Trade Secret Insider Blog - Joseph F. Lavigne, Thomas P. Hubert, and P.J. Kee
There are many different types of insurance — directors and officers (D&O), employment practices liability (EPLI), and general liability, to name a few. Unfortunately, many clients do not know what is in their policy or policies, including what is covered, their deductibles or retention, or, in some unfortunate cases, that they have no policy at all.
This article attempts to help you answer some simple questions about what to look for when you are buying a policy and what to look for in a current policy when you need to use it. It is not an attempt to promote any particular policy, as each policy has to be read in light of the specific facts at issue.
With the decrease in the demand for office space in the aftermath of COVID-19, the federal government and local cities like Philadelphia, New York, San Fransisco, and Los Angeles, are actively working to convert vacant office space into residential. A new federal funding guidebook is available (Link: Commercial to Residential Conversions: A Guidebook to Available Federal Resources) detailing federal resources available to facilitate the development of affordable housing through conversions.
These conversion programs may provide opportunities for flooring dealers. WFCA will continue to provide information on these opportunities. In addition, please contact our legal counsel, Jeffrey King at the law firm Jones Walker (jking@joneswalker.com) if you need any additional assistance or information regarding participating these programs.
As you may know, over 98% of all businesses are “pass-through” businesses that benefit from the 20% tax deduction on qualifying income. Most WFCA members benefit from the pass-through deduction. The pass-through deduction is scheduled to expire at the end of 2025, and small businesses will be forced to reduce wages or eliminate jobs.
On May 24th, Sen. Bill Cassidy (R-LA), along with Sen. Steve Daines (R-MT) and 12 Senate colleagues listed below introduced the Main Street Tax Certainty Act.
List of Cosponsors:
- Sen. Steve Daines (R-MT)
- Sen. John Barrasso (R-WY)
- Sen. Bill Cassidy (R-LA)
- Sen. Chuck Grassley (R-IA)
- Sen. Marsha Blackburn (R-TN)
- Sen. Tim Scott (R-SC)
- Sen. Thom Tillis (R-NC)
- Sen. Roger Marshall (R-KS)
- Sen. Jim Risch (R-ID)
- Sen. Kevin Cramer (R-ND)
- Sen. Katie Britt (R-AL)
- Sen. Mike Braun (R-IN)
- Sen. Bill Haggerty (R-TN)
- Sen. Ted Cruz (R-TX)
- Sen. Roger Wicker (R-MS)
This bill would make permanent the 20% pass-through deduction on qualifying income included in the Tax Cuts and Jobs Act of 2017. To read a press release from Sen. Cassidy’s office explaining the bill, click here.
If your home state Senator is not on the list of sponsors, we encourage you to call their office and ask them to cosponsor the Main Street Tax Certainty Act to protect small businesses in the flooring industry. If your home state Senator is on the list above, they are a current cosponsor of this important legislation, and a call to their office thanking them would be welcome.
To find your Senator’s office contact information, visit this link: https://www.senate.gov/senators/senators-contact.htm or contact the U.S. Capitol Switchboard operator who can connect you directly with the Senate office at 202-224-3121.
As of July 1, 2024, the Department of Labor(“DOL”) raised the minimum salary amount for executive, administrative, and professional employees (“Managers and Administrators”) to be exempt from overtime will increase from $684 per week ($35,358 per year) to $844 per week ($43,888 per year). The salary level for highly compensated employees (“HCEs”) will also be raised to increase to $844 per week ($132,964 per year). Moreover, six months later, on January 1, 2025, the salary level will increase to $1,128 per week ($58,656 per year) for EAPs, and to $1,128 per week ($151,164 per year) for HCEs. Thereafter, there will be automatic update of the salary levels every three years. The next update will take place on July 1, 2027.
Although several cases have been filed challenging the new salary levels, employers should continue to prepare for July 1 compliance with the expectation that the rule will take effect as scheduled. The WFCA and Jones Walker are tracking the developments in these cases. In the meantime, flooring retailers and contractors need to prepared for the salary level increase that takes effect July 1, 2024.
Click here to watch the complete webinar.
Download the Complete "Practical Guide to the Management and Administrative Overtime Rule" Courtesy of Jeff King and Jones Walker.
