Employment Law Updates | New Proposed Legislation

March 17, 2010

Jobs Bill Costing $17.6B Goes to President Obama After Senate Passes It by a 68-29 Vote

Hiring Incentives to Restore Employment Act
H.R. 2847, S.A. 3310, 3/17/2010

Jobs Bill Costing $17.6B Goes to President Obama After Senate Passes It by a 68-29 Vote

Voting 68 to 29, the Senate has passed the massive job-creation bill Hiring Incentives to Restore Employment Act, or H.R. 2847.  The bill that carries a $17.6 cost provides employers with financial incentives for hiring unemployed workers. The bill now goes to President Barack Obama who is widely expected to sign it into law.

In particular, the bill would offer an exemption from social security payroll taxes for every worker hired in 2010 that has been unemployed for at least 60 days. The maximum value would be equal to 6.2% of wages up to the FICA wage cap ($106,800). There would also be an additional $1,000 income tax credit for every new employee retained for 52 weeks to be taken on the employer’s 2011 income tax return. This proposal is estimated to cost $13 billion over ten years.

By way of background, on June 12, 2009, Rep. Allan Mollohan introduced H.R. 2847, the Commerce, Science, Justice Appropriations Act, 2010 in the House.  On December 16, 2009, Rep. Chellie Pingree introduced H.Res. 976, to modify H.R. 2847.  This action substituted the “Jobs for Main Street Act, 2010” as Division A of the Act and made other changes.  On December 16, 2009, the House passed H. Res. 976 by a vote of 228 – 201 (Roll No. 983).  The House then passed H.R. 2847 by a vote of 217 – 212 (Roll No. 991).

On February 11, 2010, the bill was placed on the Senate Legislative Calendar.  Senator Harry Reid offered S.A. 3310, a substitute amendment to H.R. 2847.

The Senate passed the original version of the HIRE Act by a 70 - 28 vote on February 24, 2010 [Roll Call Vote 25, 2/24/10].  By a vote of 217 to 201, the House of Representatives subsequently passed the HIRE Act, with an amendment, on March 4, 2010 .  The amendment included the following changes:

- A delay in the effective date of the worldwide allocation of interest provision through 2020;

- Restatement of the requirement that at least 10 percent of the amounts made available under titles I, III, and V of SAFETEA-LU, subtitles A and C of the HIRE Act, and section 403 of title 23 of the U.S. Code would be expended through small businesses owned and controlled by socially and economically disadvantaged individuals;

- Extension of the incentives for hiring and retaining new employees to businesses in U.S. territories and possessions;

- Technical corrections to the HIRE Act relating to for the incentives that would be made available to hire and retain employees; and

- Modifications of the value of the direct payment option for certain tax credit bonds.

In addition, the legislation would extend 2008 and 2009 section 179 expensing thresholds so that taxpayers may elect to write-off up to $250,000 of certain capital expenditures (subject to a phase‐out once expenditures exceed $800,000) in 2010 in lieu of depreciating those costs over time. This proposal is estimated to cost $35 million over ten years.

View a PDF of the proposed legislation

Also See:

EEOC Updates Guidance on Employer Use of Arrest and Conviction Records

Jobs Bill for New Veterans Would Enlist Local Business Leaders as Mentors

Domestic Partnership Benefits and Obligations Act Clears Senate Committee

Justice Department Will Not Challenge Worker Rights Consortium's Designated Suppliers Program for Collegiate Apparel

US Labor Department Publishes Revised List of Products Made with Forced or Indentured Child Labor

Companies Mentioned

Employment Law

The following companies are mentioned in Employment Law Updates:

Equal Employment Opportunity Commission

Ontario Police Department

City of Ontario

Arch Wireless Operating Company, Inc.

DP Manufacturing, Inc.

Auto Crane Company

Hosanna-Tabor Evangelical Lutheran Church and School

B & D Contracting

Metropolitan Government of Nashville and Davidson County, Tennessee

Watkins Motor Lines, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Tulsa Winch, Inc.

Ramsey Winch, Inc.

Norris

Industrial Division of the Communications Workers of America

Visteon Corp.

ConocoPhillips

Google, Inc.

U.S. Airways, Inc.

AT&T Corp.

Rosen Louik & Perry, P.C.

FBL Financial Group, Inc.

Granite Rock Company

International Game Tchnology

International Brotherhood of Teamsters

Manhattan Apartments Inc.

International Brotherhood of Teamsters, Freight Construction, General Drivers, Warehousemen & Helpers, Local 287 (AFL-CIO)

J. Kaz, Inc.d.b.a. Craftmatic of Pittsburgh

State Lottery Commission of Indiana d.b.a. The Hoosier Lottery

Association of Professional Flight Attendants

Kellogg Brown & Root technical Services, Inc.

AMR Corp.

Service Employees International, Inc.

American Airlines, Inc. a.k.a. American Eagle

Zurich American Insurance Co.

Highgate LTC Management, LLC

Autozone, Inc.

Southwestern Bell Video Services, Inc.

Temco Service Industries, Inc.

SBC Telecom, Inc.

14 Penn Plaza LLC

SBC Services, Inc.

City of Philadelphia

Pacific Telesis Group

Northeastern Land Services, Ltd. d.b.a. NLS Group

Pacific Bell Telephone Co.

LA Weight Loss, Inc. n.k.a. Pure Weight Loss, Inc.

Pacific Bell Information Services

Gold’n Plump Poultry, Inc.

Advanced Solutions, Inc.

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