Legislature Grabs Headlines for Passing Several Unnecessary, Unconstitutional Bills
Continuing its usual routine of passing bills that are (likely) unconstitutional and making headlines for focusing on issues that don't have a true impact on their constituents, the Tennessee General Assembly outdid itself once again this week.
To add to the mix, we also saw the "main" version of the statewide school voucher scheme discussed in both chambers for the first time.
As we noted last week, it will be quite some time before there's a true "final" version of the legislation that both chambers will have to agree on before the supermajority can proceed with its all-out attack on public education in Tennessee.
Several committees noted that their final meetings will take place by or before the end of March (some are even happening during this upcoming week), so we're quickly approaching the time when things begin moving quickly. We'll keep you updated as legislators inch closer to adjournment, especially because this is when the supermajority likes to rush through controversial items at the last minute with little or no debate.
We also learned more details about HB 2110/SB 2027, which we discussed in our last legislative update.
On the surface, it seeks to define the term "work" as having the same meaning as interpreted by the Supreme Court for the purposes of the Fair Labor Standards Act.
While that's technically what the legislation does, the sponsor made it very clear that it also "solidifies Tennessee's reputation as a pro-business state" AND codifies what is a "de minimis exemption."
According to the FLSA, this is time beyond the scheduled working hours that's so short in duration (a few seconds or minutes, for example) that an employer can disregard it for payroll purposes.
Thanks to some important questions raised by Democrats on the House Commerce Committee, we learned that this legislation is also designed to protect employers who may face "frivolous" lawsuits from their employees over wages that they weren't paid for time worked.
Because details such as when a worker's day begins and ends are almost always outlined in a union contract, this does not directly impact our members.
The bottom line is that while this is far from a catastrophic, horrible piece of legislation, it's still very business-friendly and puts workers at a disadvantage.
These two pieces of legislation alone make us more committed than ever to work as hard as we can to elect labor-friendly candidates this fall.
Remember, to change the legislation that gets filed, voters need to change who they send to Nashville to represent their interests!
A Brief Look at Some of the Additional Legislation That We're Watching Next Week
-HB 1183/SB 503: This is the caption bill that's carrying the proposal to expand Tennessee's school voucher scheme statewide. You can read more about the legislation's first committee "debate" from this past week here.
-HB 2031/SB 2570: Potentially having major implications for strikes or rallies, this piece of legislation would increase the penalty for blocking a highway, street, etc. from a Class A misdemeanor to a Class D felony.
-HB 2043/SB 1934: Among other things, this good piece of legislation would eliminate the sales tax on groceries.
-HB 2110/SB 2027: This suspicious bill seeks to define the term "work" as having the same meaning as interpreted by the Supreme Court for the purposes of the Fair Labor Standards Act. As we learned recently, it also codifies what is a "de minimis exemption" as outlined in the FLSA and is very business-friendly.
NOTE: This bill will be heard on the House floor on Monday night.
-HB 1889/SB 2102: A bill with powerful sponsors (House Majority Leader William Lamberth and Senate Majority Leader Jack Johnson), this would enact the "State of Tennessee Real Estate Asset Management (STREAM) Act" and consolidate power under the commissioner of General Services for decision-making related to all executive branch leases. You can read more about this seemingly innocent (but potentially dangerous) administration bill here.There are concerns that this could be another outsourcing/privatization push, so we'll be watching this bill closely.
-HB 1892/SB 2100: This piece of legislation authorizes the use of third-party examiners or inspectors instead of local ones for certain processes.
-HB 2602/SB 2646: Seeking to address an important issue that hasn't been solved in 15 years (thanks in large part to the supermajority), this would increase Tennessee's minimum wage to $20. A similar bill (HB 2396/SB 2409) would increase the minimum hourly wage for food delivery employees to $12.
-SB 1807/HB 2070: A good bill, this would create the Office of Rail and Public Transportation and require the entity to (among its other responsibilities) determine the specifics of what is needed to undertake passenger rail service in Tennessee.
-HB 2113/SB 2017: As we learned in committee this week, this proposal shortens the amount of time that someone has to begin a cause of action for unpaid wages for hours worked, overtime, etc. to three years.
-HB 2080/SB 1968: A bill that has generated lots of headlines, this would block an individual who currently holds elected office from holding another elected office in Tennessee at the same time. At least one Republican representative already does what the legislation is trying to prevent, but Democrats have said that they believe this is specifically-targeted at Representative Gloria Johnson, who is currently running for both the U.S. Senate and her Tennessee House seat.
-HB 417/SB 383:Among other things, this piece of legislation would prohibit employers from asking about or requiring an applicant to provide their past pay history.
-HB 1554/SB 1545: This bill seeks to establish a program that would allow state employees to receive as much as six weeks of paid leave if they become a foster parent.