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Summer Forecast: Part I. The Memorial Day holiday and the unofficial start of summer is a good time to take a look at what our elected (and unelected) policymakers in Washington, D.C., will be working on during the final six months of 2022. This week, the Buzz will discuss potential legislative developments in the U.S. Congress. Next week, we will check out the regulatory landscape (maybe the 2022 Spring Regulatory Agenda will be released before then?). Set forth below is the Buzz’s labor and employment policy legislative forecast for the summer and beyond.

Congress was out this week, but it returns the week beginning June 6 with a lot on its plate and legislative time at a premium. President Biden and the Democrats are looking for more legislative victories while they still enjoy a majority in Congress, but our lawmakers are currently scheduled to spend most of both August and October in recess. Time is running short. As in most years, work on must-pass legislation—such as funding for the federal government and the armed services—will occupy much of Congress’s time and resources. Congress will also be focused on issues such as the war in Ukraine, the renewed debate around gun policy reform, ongoing inflation, and continued supply-chain issues. Will there be any room for labor and employment legislation? Let’s take a look.

  • Pregnancy accommodation. The Pregnant Workers Fairness Act (H.R. 1065/S. 1486) is waiting for a vote on the floor of the U.S. Senate. The bill enjoys significant bipartisan support (ninety-nine Republicans voted for it in the U.S. House of Representatives!) as well as business community backing. Simply put, there should be enough bipartisan support to send this bill to President Biden’s desk before the year is up.
  • Antidiscrimination. The Creating a Respectful and Open World for Natural Hair Act of 2022, or “CROWN Act” (H.R. 2116), would prohibit discrimination on the basis of hair texture or hairstyles that are associated with a particular race or national origin. The bill passed the House in March 2022 with fourteen Republican votes in favor of the legislation. While passage of a related bill in the Senate may still be a challenge, the measure (S. 888) has a chance. Multiple local jurisdictions have passed similar laws.
  • Immigration.

Congress: You Have Mail. Email came to Congress twenty-nine years ago this week. On June 2, 1993, Representative Charlie Rose (D-NC), chairman of the Committee on House Administration, announced the creation of a pilot “Constituent Electronic Mail System” for the U.S. House of Representatives. While Rose was known for championing North Carolina’s agricultural interests, he also played a significant role in bringing new technologies to Congress. For example, Rose was a proponent of televising congressional activities and bringing computers and fiber optics to Congress. Understandably, the House’s first foray into electronic communications with constituents underestimated how popular the use of email would become. Rather than providing an email address to each participating member, the pilot had one generic email address: Congress@HR.House.gov.

Stay tuned for the Buzz’s Summer Forecast: Part II, coming next week.

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Ogletree Governmental Affairs, Inc. (OGA), a subsidiary of Ogletree Deakins, is a full service legislative and regulatory affairs consulting firm, dedicated to helping clients solve their problems with the public sector. OGA unites the skills and experience of government relations professionals with the talent of the Firm’s lawyers to provide solutions to regulatory issues outside the courtroom.

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