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Last Week in Washington

  • Three weeks ahead of the Iowa caucuses, a new Des Moines Register poll showed a tight, four-way race with 20 percent of likely Democratic caucusgoers name Sen. Bernie Sanders (I-Vt.) as their first choice for president followed by 17 percent for Sen. Elizabeth Warren, 16 percent for Pete Buttigieg and 15 percent for former Vice President Joe Biden.
  • Secretary of State Mike Pompeo told McConnell (R-Ky.) he would not seek the Republican nomination for Senate in his home state of Kansas, worrying some Republicans because it makes the path easier for Kris Kobach to get the party's nomination in August. In an interview with Morning Consult, Kobach said any Republican running can win the open seat - including himself.
  • Los Angeles Mayor Eric Garcetti endorsed Biden , making him one of the former vice president's highest-profile supporters in California's March 3 primary.
  • Self-help author and spiritual adviser Marianne Williamson said she is ending her campaign for the Democratic presidential nomination. Williamson - who was averaging less than 1 percent in polls and hadn't participated in a debate since July - had already laid off her entire staff earlier this month.
  • Senate Majority Leader Mitch McConnell said he has the votes to set the rules for Trump's impeachment trial without the support of Democrats. The move is a blow to Democrats who had hoped to pressure McConnell to deal with the issues of witnesses and documents before the trial begins, though the Kentucky Republican said there would be an opportunity to debate additional evidence later on in the trial.
  • Siding with conservatives, McConnell signed on as a co-sponsor to a resolution that would change the Senate's rules to allow lawmakers to dismiss Trump's impeachment articles before they are received by the House, according to sponsor Sen. Josh Hawley (R-Mo.).
  • The U.S. Department of Labor announced a final rule to update the regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA). The FLSA requires covered employers to pay their employees at least the federal minimum wage for every hour worked and overtime for every hour worked over 40 in a workweek. Under the FLSA, an employee may have, in addition to his or her employer, one or more joint employers—additional individuals or entities who are jointly and severally liable with the employer for the employee’s wages. In the final rule, the Department provides a four-factor balancing test for determining FLSA joint employer status in situations where an employee performs work for one employer that simultaneously benefits another person. The balancing test examines whether the potential joint employer:
    • hires or fires the employee;
    • supervises and controls the employee’s work schedule or conditions of employment to a substantial degree;
    • determines the employee’s rate and method of payment; and
    • maintains the employee’s employment records.
    The final rule also clarifies when additional factors may be rel more

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