Monday, August 12, 2024

The skeptics' case against not taxing tips

Presented by NobleReach: Delivered every Monday by 10 a.m., Weekly Shift examines the latest news in employment, labor and immigration politics and policy.
Aug 12, 2024 View in browser
 
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By Nick Niedzwiadek and Lawrence Ukenye

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Vice President Kamala Harris delivers a speech.

“When I am President, we will continue our fight for working families of America, including to raise the minimum wage and eliminate taxes on tips for service and hospitality workers,” Kamala Harris said at a large rally in Las Vegas. | Montinique Monroe/Getty Images

QUICK FIX

TIPPING OUT: Vice President Kamala Harris declared her support Saturday for exempting tips and gratuities from federal income taxes — cribbing one of former President Donald Trump’s populist appeals for this election cycle.

“When I am President, we will continue our fight for working families of America, including to raise the minimum wage and eliminate taxes on tips for service and hospitality workers,” Harris said at a large rally in Las Vegas.

The move comes less than a day after the Culinary Union, an enthusiastic backer of the proposal and a potent political force in Nevada, endorsed Harris and her ticket-mate, Minnesota Gov. Tim Walz.

Trump quickly decried Harris’ embrace of the policy writing on social media that “[s]he has no ideas, she can only steal from me.”

The idea is being pitched as a boost for legions of bartenders, restaurant service employees, hotel cleaning staff and other lower-wage workers in the service sector. The cost remains somewhat fuzzy, though the Committee for a Responsible Federal Budget estimated Trump’s plan could run north of $150 billion over a decade.

However, some left-leaning advocates and tax policy experts contend that it, at best, would be marginally effective and, at worst, threatens to overshadow other plans that could provide a much greater benefit — and not just for one type of worker. They shared their hesitations with Morning Shift prior to Harris backing the same policy.

Many tipped workers already do not make enough to pay federal income tax and those that ultimately need to typically pay relatively little, though they are also subject to state levies as well as federal payroll taxes — which in theory could also be exempted by lawmakers.

“So you’re promising a benefit to people who don’t benefit anyway,” Howard Gleckman, a senior fellow at the Tax Policy Center, told Shift. “There are not a lot of tax upsides.”

But cutting out payroll taxes could also hurt workers in the long run by hampering their eligibility for Medicare and Social Security, Gleckman said. Plus, it could incentivize a further proliferation of tipping opportunities — something that consumers can already find a bit grating.

Progressive outfits like the Center for American Progress have argued that the exemption would pale in comparison to things like reviving the expanded earned income tax and child tax credits. And One Fair Wage continues to push state and local governments to phase out use of a lower minimum wage for tipped workers, as more than a half dozen states and D.C. have done. It also issued a report last month that argued against a tipping exemption proposed by Sen. Ted Cruz (R-Texas) that echoed Trump’s (and now Harris’) plan.

“It was a smart move to try to pander to the fact that cost of living is a top issue in every poll,” OFW President Saru Jayaraman said. “Workers are not going to be fooled.”

However the influential restaurant industry vastly prefers exempting tips from taxes as a way to boost workers’ pay than alternatives like ending the tipped minimum wage.

“We appreciate that the idea of eliminating taxes on tips continues to keep restaurants and tipped servers in conversations happening on the Hill and around the election,” Sean Kennedy, a National Restaurant Association spokesperson, said in a statement to Shift. “Tax policy plays a major role in the success of the restaurant industry, so we’ll continue to work with Congress on this and other common-sense tax proposals that will support restaurant vitality in every community in America.”

GOOD MORNING. It’s Monday, August 12. Welcome back to Morning Shift, your go-to tipsheet on labor and employment-related immigration. Send feedback, tips and exclusives to nniedzwiadek@politico.com and lukenye@politico.com. Follow us on X at @NickNiedz and @Lawrence_Ukenye.

 

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AROUND THE AGENCIES

BLOCKED: The National Labor Relations Board was dealt another setback in its yearlong quest to battle SpaceX in California, rather than Texas.

The 5th Circuit Court of Appeals on Friday issued an order vacating U.S. District Judge Rolando Olvera’s transfer of the case — in which the company is trying to neutralize the agency’s enforcement power on constitutional grounds — to the Central District of California, where SpaceX is located.

The unsigned order came as the 5th Circuit is currently mulling a separate appeal from SpaceX contesting how Olvera, an Obama appointee, has handled the case.

BEATING THE HEAT: Protecting farm workers from dangerous heat remains a priority for HHS Secretary Xavier Becerra, he told our colleagues at Morning Agriculture.

“If there's a class of workers out there in the country today who have the least amount of rights and the least amount of protections, it's probably farmworkers, or they rank right up there,” he said. “It's important to start to get that information out.”

Admin proposal: The Occupational Safety and Health Administration unveiled its long-awaited heat standard last month that requires employers to identify heat hazards and develop plans for emergencies. The administration faces several hurdles to finalize the regulation amid pushback from Republicans and business groups.

 

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Unions

LOOMING STRIKE: Dockworkers are prepared to shut down the East Coast’s largest commercial ports one month before the election, our Ry Rivard reports.

With inflation and supply chain issues still on voters’ minds, the International Longshoremen’s Association is telling its 85,000 members to get ready to strike on Oct. 1 if the union is unable to reach a deal with the shipping industry for a new six-year contract.

The stakes: A strike, which would be the union’s first one in nearly 50 years, would halt the unloading of most cargo containers at ports along the Atlantic Seaboard and in the Gulf of Mexico — including in New York; New Jersey; Boston; Baltimore; Savannah, Georgia; Jacksonville, Florida; and New Orleans. The containers carry most consumer goods found online and in stores, like clothing, electronics and toys.

ILA President Harold Daggett has said the union will “hit the streets” if it cannot reach a new agreement with the United States Maritime Alliance, which represents the shipping industry and terminal operators.

A DEAL’S A DEAL: Union Pacific is pumping the brakes on its new schedule agreement with freight rail workers represented by the Brotherhood of Locomotive Engineers and Trainmen after arguing it isn’t getting enough work out of its engineers, the Associated Press reported.

Workers have been able to take four consecutive days off for every 11 days worked as part of the new schedule. However, the railroad is proposing that engineers coming back from their scheduled time off be placed at the top of the list for operating the next train, making their work more unpredictable.

BLET has battled in court to get new schedules for the more than half of Union Pacific workers who still lack them — but has been unable to resolve the dispute. It also wants to ensure engineers coming off rest go to the bottom of the call list.

Coming up empty: "The GOP convention speech that won’t go away," from our Peder Schaefer.

More union news: "More Texans join unions although national membership is down," from The Texas Tribune.

On the Hill

FIRST IN SHIFT: Rep. Jan Schakowsky (D-Ill.) and more than 120 House Democrats penned a letter urging health care company Maximus not to interfere with workers’ union organizing activities and adopt a neutrality agreement.

Context: Call center employees at Maximus seeking to gain representation from the Communication Workers of America filed unfair labor practice charges with the National Labor Relations Board, alleging the company retaliated against unionization efforts by discharging employees.

Maximus call centers are operated under contract with the Centers of Medicare and Medicaid Services and field calls about patients’ health care coverage.

 

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ELECTION 2024

TALKING TOUGH: The vice president told supporters in Arizona last week that she plans to push for “strong border security” while taking aim at Trump for his role in tanking a Senate border proposal earlier this year, our Eugene Daniels and Elena Schneider reported.

Harris' efforts come as Republicans look to tie her to migrant surges under President Joe Biden’s time in office, dubbing her the administration’s “border czar.”

Looking back: Although Democrats have tried to adopt a more moderate immigration stance, it was not obvious that Harris would follow suit. During her 2020 campaign, she had leaned further to the left on the issue and suggested entering the country without authorization should not be a crime.

More election news:Biden’s White House has tried to boost unions. The election could change that,” from NBC News.

In the Workplace

BUT THEIR EMAILS: A federal judge ruled last week that the CDC has been violating federal law by deleting lower-level staffers’ emails, our Josh Gerstein and Kyle Cheney reported.

U.S. District Judge Rudolph Contreras said that the CDC’s policy of permanently preserving senior staffers’ emails while setting retention periods for lower-level employees was not approved by the National Archives. Some staffers’ emails were even deleted 90 days after leaving the agency.

How it all began: The dispute arose after Trump allied group America First Legal challenged the CDC’s recordkeeping practices after it wasn’t able to obtain records about an agency document on LGBTQ+ inclusivity in schools.

More workplace news: "Does DEI training discriminate against White people? Courts will decide," from The Washington Post.

Even more: "Staffers at Dr. Phil’s Network Left in ‘Complete Shock’ After Sudden Layoffs," from Mediate.

 

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WHAT WE'RE READING

— "Canadian Railroads Again Face Possible Work Stoppage After Labor-Board Ruling," from The Wall Street Journal.

— "Climate cash pours into election swing region. Will it help Harris?," from our Benjamin Storrow.

— "WA ferry workers union seeks better pay for crew below deck," from The Seattle Times.

THAT’S YOUR SHIFT!

 

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