Mr. Speaker, I rise today in strong support of H.R. 2575. You know, sometimes you have to figure out, first of all, where did you come from to find out to where you got. I was trying to understand the 40-hour workweek. Where could it…
Mr. Speaker, I rise today in strong support of H.R. 2575. You know, sometimes you have to figure out, first of all, where did you come from to find out to where you got.
I was trying to understand the 40-hour workweek. Where could it possibly have started? How did we come to accept that, and for 70-some years that is full-time employment, 40 hours? I found out it was actually the product of the Depression. When they did the Fair Labor Standards Act, they said we need to have a measure, so it will be 44 hours--part of the New Deal, by the way. In 1940, they changed it to 40 hours a week was full-time employment. Then, all of a sudden, ObamaCare comes along and the New Deal has been replaced by a bad deal. We told people, no, no, no. It is not 40; it is 30 hours. That is what full- time employment is.
Now, when you go back to 1937 and 1940, what were they trying to do? They were trying to get America back to work. It was after the Great Depression, so it was about getting folks back to work. Now, you fast- forward to today, and it is not about getting people back to work. It is about getting ObamaCare to work.
This makes absolutely no sense. Who does it hurt the most? It has hurt low-income and middle-income people. 2.6 million folks have been affected by either losing a job or losing hours.
So you have got to scratch your head and say, Wait a minute. If we are really trying to get America back to work, why would we take their hours from them? Why would we slash their workweeks by 25 percent and think it is going to work? It has nothing to do with working people. It has to do with making ObamaCare work.
I have got to tell you that we have the New Deal that got replaced with a bad deal, and now we have H.R. 2575. Do you know what it is? It is a good deal. This is a good deal. With 435 Members, any one of us could say that this just doesn't make sense right now for the folks we represent. Why would we do this to them? Why would we take their work hours away? Why would we put in jeopardy 2.6 million people just in an effort to make ObamaCare work?
If it is about making it easier for Americans to work, then it is high time we start to turn the tide. It is time we look at what is going on and that we say to ourselves, If it worked before, why can't it work again? Why can't we go back to 40 hours? Why
can't we make it easier for American families to get through the hard times that they are going through right now?
Mr. Speaker, at this time, I yield 2 minutes to the gentleman from Illinois (Mr. Roskam), my friend and colleague.
Mr. Speaker, at this time, I would like to yield 2 minutes to the gentleman from Louisiana (Mr. Scalise), another colleague and good friend of mine.
Mr. Speaker, at this time, I would like to enter into the Record two letters--one from the Chamber of Commerce of the United States of America, which is in strong support of H.R. 2575, and then another letter from the National Federation of Independent Business--and I yield 3 minutes to the gentleman from Washington (Mr. Reichert), my good friend and a member of the Committee on Ways and Means.
Chamber of Commerce of the
United States of America,
Washington, DC, April 2, 2014.
To the Members of the U.S. House of Representatives: The
U.S. Chamber of Commerce, the world's largest business
federation representing the interests of more than three
million businesses of all sizes, sectors, and regions, as
well as state and local chambers and industry associations,
and dedicated to promoting, protecting, and defending
America's free enterprise system, strongly supports H.R.
2575, the ``Save American Workers Act of 2014,'' which would
redefine a ``full-time employee'' for purposes of the
employer mandate provision in the Patient Protection and
Affordable Care Act (PPACA) to reflect the traditional 40-
hour work week constituting full-time employment. This bill
would be a critical step in helping protect employees and
employers against what would amount to a significant
redefinition of workforce status.
Under the employer mandate provision of the PPACA,
businesses with 50 or more full-time equivalent employees
(FTEs) are required to provide affordable, minimum value,
health care coverage to all full-time employees as well as
coverage to their dependents, or potentially pay significant
penalties. For the first time in history, the PPACA defines a
full-time employee as an individual working 30 hours per week
or more averaged over the course of a month. In an attempt to
mitigate the anticipated high costs of providing coverage to
all employees now considered full time, businesses are
restructuring their workforces. Despite the one-year delay of
the employer mandate, a recent report by the Chamber and the
International Franchise Association confirmed that businesses
are already experiencing increased costs causing them to
reduce employee hours, limit full-time jobs, and drop health
coverage. While the Chamber welcomes and appreciates the
administration's ``transition relief' announced in February,
it fails to adequately mitigate the harmful impacts of the
PPACA's 30 hour workweek definition.
Returning to the widely-accepted 40-hour definition of a
full-time employee would allow businesses to focus on
generating jobs, rather than making them choose between
reducing growth and unfortunate personnel changes or going
bankrupt from employer mandate penalties. By reverting back
to the traditional definition, employees and employers would
both be protected. Particularly during this time when our
economic recovery remains fragile, it is crucial we provide
an atmosphere where employers can focus on strengthening
their businesses, employing workers in traditional full-time
positions, and revitalizing the economy.
The Chamber continues to champion health care reform that
builds on and reinforces the employer-sponsored system while
improving access to affordable, quality coverage. The Chamber
urges you and your colleagues to support H.R. 2575, and may
consider including votes on, or in relation to, this bill in
our annual How They Voted scorecard.
Sincerely,
R. Bruce Josten,
Executive Vice President,
Government Affairs.
Mr. Speaker, I will include letters from the Employers for Flexibility in Health Care Coalition and the NRF. We have a lot of these letters. I think I will read more of them as we go on.
I am fascinated by the results of Senator Cruz's request online to hear from people. We will see if we can get some other accurate numbers.
At this time, I yield 2 minutes to the gentleman from New York (Mr. Reed), my good friend and another member of the Ways and Means Committee.
Employers for Flexibility
in Health Care Coalition,
February 4, 2014.
Hon. Dave Camp,
Chairman, Committee on Ways and Means, House of
Representatives, Washington, DC.
Hon. Sander Levin,
Ranking Member, Committee on Ways and Means, House of
Representatives, Washington, DC.
Dear Chairman Camp and Ranking Member Levin, The Employers
for Flexibility in Health Care (E-FLEX) is a coalition of
leading trade associations and businesses in the retail,
restaurant, hospitality, supermarket, construction, temporary
staffing, agriculture, and other service-related industries,
as well as employer-sponsored health plans insuring millions
of American workers. The E-FLEX Coalition represents
employers who create millions of jobs each year, employ a
significant workforce in the U.S., offer flexible working
environments for employees, and are a leading contributor to
the nation's economic job recovery.
The common thread among Coalition members is that our
workforces are of a variable nature, and not traditional 9-5
workforces. Maintaining the ability to offer affordable
coverage options to our unique workforces under the new
requirements of the law is of special concern to us. The
Affordable Care Act's (ACA) definition of full-time employee
is of particular importance to the E-FLEX Coalition because
of our industries' unique reliance on large numbers of part-
time, temporary, and seasonal workers with fluctuating and
unpredictable work hours, as well as unpredictable lengths of
service.
While transition relief for 2014 and flexibility in the
proposed rules are greatly appreciated, the E-FLEX Coalition
and many in the employer community remain concerned that the
ACA employer requirements are fundamentally unworkable and
require legislative changes, especially the 30 hours per week
definition of full-time employee status. It is critically
important to change the law's definition of full-time as 30
hours of service to a definition more in line with employment
practices. The law's definition of full-time as 30 hours of
service per week does not reflect employers' workforce needs
or employees' desire for flexible hours. A change is needed
to avoid disruptions in the workforce and maintain flexible
work options for employees.
Better aligning the ACA's definition of full-time employee
status with current employment practices would help avoid
unnecessary disruptions to employees' wages and hours, and
would provide critical relief to employers. Increasing the
ACA's rigid 30-hour per week definition for full-time status
would:
Make it easier for employers to provide more hours to all
employees, thereby increasing their take-home pay;
Help employers offer more generous health coverage to full-
time employees without making employers' share of premiums
cost prohibitive;
Help ensure that lower-income employees have access to more
affordable coverage options.
Using a definition of full-time that better reflects
current employment practices would not cause employees to
lose coverage. In fact, setting the definition of full-time
employee status at a higher level would help eliminate a
coverage gap for lower income employees in some states and
make it easier for employees to increase their income by
requesting work schedules according to their particular
needs.
Although sharp differences in opinion about the ACA remain,
well-intentioned people on both sides of the debate can agree
that using a higher threshold for defining full-time would be
better for American workers and businesses than the ACA's
lower full-time definition. Committee consideration of H.R.
2575--Save American Workers Act of 2013--is a first step in
the process of realigning this threshold.
The E-FLEX Coalition looks forward to continuing to work
with the Committee and your colleagues in Congress on a
bipartisan basis to strengthen and preserve employer-
sponsored coverage.
Sincerely,
Employers for Flexibility in Health Care (E-FLEX) Coalition.
Mr. Speaker, I also have a letter from the Small Business Coalition for Affordable Healthcare. There are 43 members signed onto this one.
I reserve the balance of my time.
Small Business Coalition for
Affordable Healthcare,
April 2, 2014.
Hon. John Boehner,
Speaker, House of Representatives,
Washington, DC.
Hon. Nancy Pelosi,
Minority Leader, House of Representatives,
Washington, DC.
Dear Speaker Boehner and Minority Leader Pelosi,
Representing the country's largest, oldest and most respected
small business associations, which have spent more than a
decade working to improve access to and affordability of
private health insurance, the Small Business Coalition for
Affordable Healthcare (the Coalition) is writing in support
of H.R. 2575, Save American Workers Act of 2013. This
legislation would repeal the Patient Protection and
Affordable Care Act's (PPACA) 30-hour per week full-time
employee definition and replace it with a 40-hour per week
full-time employee definition.
Beginning in 2015, PPACA requires businesses with 100 or
more full-time equivalent (FTE) employees to offer affordable
health insurance to full-time employees or potentially pay
significant penalties. Businesses with 50 or more FTEs must
offer affordable health insurance to full-time employees and
their dependents or potentially pay penalties beginning in
2016. PPACA defines a full-time employee as an employee who
averages 30-hours of service per week, or 130-hours of
service per month. PPACA's definition of full-time is counter
to the traditional 40-hours of service threshold that most
American businesses use to define full-time for benefits and
other purposes. Implementing this new definition will require
most businesses to change both their policies and their
practices.
Despite the one year delay of the employer mandate
requirement for 2014 and more recent transition relief for
midsize businesses in 2015, employers have been preparing to
closely track employee hours and make these complicated
administrative calculations this year, as business size
calculations are based on an employer's workforce during the
preceding calendar year. Without H.R. 2575, employers will
face higher employer mandate penalty taxes, and employees
will see reduced hours and take home pay.
The Coalition urges all Members of the U.S. House of
Representatives to support H.R. 2575.
Sincerely,
Aeronautical Repair Station Association; American Apparel &
Footwear Association; American Bakers Association; American
Farm Bureau Federation; American Foundry Society; American
Hotel & Lodging Association; American Staffing Association;
American Supply Association; Asian American Hotel Owners
Association; Associated Builders and Contractors, Inc.;
Associated Equipment Distributors; Associated General
Contractors; Association for Manufacturing Technology;
Automotive Aftermarket Industry Association; International
Housewares Association; Metals Service Center Institute;
National Association of Convenience Stores; National
Association of Home Builders; National Association of RV
Parks and Campgrounds; National Association of Theatre
Owners; National Association of Wholesaler-Distributors;
National Club Association.
National Federation of Independent Business; National
Restaurant Association; National Retail Federation; National
Roofing Contractors Association; National Small Business
Association; National Systems Contractors Association;
National Tooling and Machining Association; North American
Die Casting Association; North American Equipment Dealers
Association; Precision Machined Products Association;
Precision Metalforming Association; Professional Golfers
Association of America; Service Station Dealers of America
and Allied Trades; Small Business and Entrepreneurship
Council; Small Business Council of America; Society of
American Florists; Specialty Equipment Market Association;
Textile Rental Services Association; Tire Industry
Association; U.S. Chamber of Commerce; WMDA Service Station
and Automotive Repair Association.
We are prepared to close.
Mr. Speaker, I continue to reserve the balance of my time.
Mr. Speaker, I yield myself as much time as I may consume.
Mr. Speaker, we have had an interesting conversation today. We have talked about the 40-hour workweek and what was established back in the 1930s under the New Deal, how it switched then under ObamaCare to a bad deal. Thirty hours is considered now full-time employment.
Now we talk about Mr. Young's bill, H.R. 2575, that will be a good deal for American workers; actually gives them back those 25 percent of the hours that they were going to lose each week.
Now, we can play ring around the rosy with this and talk about who doesn't like whom and how these terrible, terrible businessowners don't go to church, they don't have a heart, they don't seem to worship anywhere, but they want to make sure that they take advantage of their very associates with whom they have a close relationship.
I can just tell you, after being in business my entire life--I am the son of a parts picker from a General Motors warehouse, a guy who worked his fingers to the bone to have something. I have got to tell you, it is really important, though, sometimes to step out of this room and go out into the marketplace and sit down with people who actually sit across the desk from somebody and hire them. There is no greater thrill for an employer than to be able to tell somebody: You know what? We are going to bring you on our team. You are going to be able to work with us. You are going to have wages that can support your family, plan for the future, do things that you never thought you were going to do, and you can do that because of a job.
Then, suddenly, because the numbers just weren't working for ObamaCare--and as the President says all too often, it is just the arithmetic--we are going to do something that makes it work for us, not for you, but for us. We are going to make full-time employment 30 hours. We are going to take 25 percent of your workweek away from you, and we are going to say it is 30 hours now. And now we say to these people who have a great association and a great relationship with the people they work with every day, because the success of the business is also the success of the employee, we are dividing these people and making them enemies in the marketplace. You don't need to do that.
But only in this great House and only in this great town and only in the place that is so out of touch with everyday America can we stand up and make these statements and think that they stick.
2.6 million people are affected by this in a very negative, negative way. They are going to lose jobs and they are going to lose hours. It is not the fault of the employer because he is trying to make his model work. It is the fault of the government who works at such great deficits that people can't even begin to understand what it is.
My little 9-year-old grandson says to me all the time when he looks at these things: Grandpa, it just doesn't make sense. A child can get it, but we can't get it. And in a time when we need to be more united than ever as a country, as we make our way back through a very tough time, we need to stand together on these things.
What I have heard since I got here is: You guys just don't like this Affordable Care Act. Help us make it work.
So we said: Why don't we give people full-time employment, 40 hours again?
That is not the kind of help we want. That doesn't fit our narrative. Don't you get it?
So we stand here today and we have this debate. I told you how the New Deal got replaced by the bad deal, and I also told you how this bad deal is going to get replaced by a good deal by Mr. Young. H.R. 2575, that is going to help America get back to work.
Honestly, if that is not why we are here today, if that is not what our main purpose is, why are we here? What are we doing? Why do we continue to spin this so much?
Hardly any American can walk straight anymore because they get spun every day by a message from Washington. We continue to do it, and we continue to thump our chest and say we did good, we did really good.
The lowest labor rate participation in 35 years in a country that has been so blessed by our Creator that the rest of the world looks at us and says: What in the world are you doing? What is holding you back? You have every asset you could possibly want. You have great workers. You have great energy sources.
We have sources of energy that would last for several decades, several centuries. Great, great abundance and affordable and accessible energy, but we hold back on it. We have assets that make sense to everybody in the world but us. We have one-fifth of the world's freshwater sitting right in our Great Lakes, and our production per acre exceeds anybody's wildest dreams. We can have energy independence. We can feed ourselves, and we have drinking water. Everybody else in the world wants to have it.
Let me just ask the gentleman and the rest of the Congress--listen, there are 435 of us--if it is really about getting people back to work, let's do things that make sense. Let's not beat around the bush about some type of an ideological debate over what we are trying to do to each other.
Forty hours a week was always considered full-time employment. It is just that simple. It is not hard to figure out.
I can tell you, as an employer, having to let somebody go is the worst feeling you can ever have, and I do go to Mass every day, and I do pray about it every night, and I do pray about the future of this country. To suggest that anybody, any of the great employers we have and the job creators we have around this country are all somehow godless, heartless people who don't have feelings is absolutely absurd.
And it is what continues to make it hard to come to this House every day and say: You know what? We are going
to fix this for America. We are going to get America back to work. We are going to do the right thing every day, in every way.
No, that just doesn't fly here.
Well, we could go on with this for hours, Mr. Speaker. But I would just tell you this. Returning America to a 40-hour workweek just makes sense. This is not a hard thing to figure out. If a 9-year-old child can understand it, why can't the Congress of the United States? If we are truly going to turn this economy around, if we are truly going to get people back to work again, let's make sure that we renew that great sense of dependency that we have on each other, not divide ourselves between those who don't like you and those who do like you.
By the way, Senator Cruz's poll, I know that the gentleman referred to several replies that had gone to that poll. There were 57,444 people that actually answered that poll, so I am sure there was probably some good stuff on there, too.
But that is not my point. My point is we have an opportunity here in this House like no other place in the world. When something is wrong, we can fix it.
I have heard from the time I came here the problem with a lot of these laws that are passed are the unintended consequences. Well, let me tell you there may be unintended consequences, but there are not uninsured people. There are not people out there that are not feeling the pain. There is a lot of pain out there right now. So the unintended consequences have certainly not been unpainful.
You know the other thing? They are also not unfixable. Do you know we can fix this today? Do you know we can fix this and send it over to the Senate? Do you know we can make people go back to work, make their futures look brighter? Do you know we can do that in this House of Representatives?
So forget about whether you are wearing a blue tie or a red tie. Forget about whether you have an R on your back or a D on your back, and start thinking about who you really represent, because each of us in our districts represent not just Republicans, not just Democrats, but every single American.
Mr. Speaker, I yield back the balance of my time.