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From the category archives: Regulations


ABC Supports Rescission of DOL Persuader Rule

On Aug. 11, ABC submitted comments to the U.S. Department of Labor (DOL) in support of its proposal to rescind the 2016 persuader rule, officially named the "Interpretation of the 'Advice' Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act." Approximately 965 ABC members also submitted comments through voterVOICE and ABC’s Action App.
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Trump Administration Regulatory Agenda Released

The Trump administration released its first regulatory agenda on July 20. The agenda lists the priorities of the Trump administration and the rulemakings they expect to release in 2017. Many of the items listed roll back rules released under the Obama administration.  Read the rest of entry »

ABC Asks Treasury for Clarification of “Seasonal” Definitions Under the ACA

ABC joined 42 other national and state organizations in signing onto a letter to Treasury Secretary Steve Mnuchin asking the department to address the confusing and conflicting definitions of “seasonal worker” and “seasonal employee” that are included in the Affordable Care Act (ACA) and its implementing regulations. Read the rest of entry »

DOL Requests Information Related to Overtime Rule

The U.S. Department of Labor (DOL)’s Wage and Hour Division recently published a Request for Information (RFI) related to the overtime final rule. This is likely the first step in issuing a revised proposed overtime exemption rule. The public has the opportunity to submit comments on the RFI until Sept. 25, 2017. Read the rest of entry »

Health Care Alert: “Skinny Repeal” Rejected in Senate

During the early hours of July 28, Senators Susan Collins (R-Maine), John McCain (R-Ariz.) and Lisa Murkowski (Alaska) voted “no” on the Senate Republican’s “skinny repeal” proposal, a scaled-back version of previously supported Senate Republican Affordable Care Act (ACA) repeal bills, which failed by a vote of 49 to 51. If the vote on final passage had been successful, it would likely have triggered a conference committee with the House of Representatives whereby the chambers would have tried to resolve their legislative differences. Senate Majority Leader Mitch McConnell’s (R-Ky.Y) statement on the failed vote can be read here.  
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OSHA Issues Proposed Rule on Beryllium Exposure for Construction Sector

On June 27, the Occupational Safety and Health Administration issued a proposed rule to revoke the ancillary provisions of the Beryllium final rule for the construction and shipyard sectors that OSHA finalized on Jan. 9, 2017. Beryllium is a lightweight but strong metal used in a number of industries. The January final rule points directly to the construction task of abrasive blasting operations which use slags that contain trace amounts of beryllium. Read the rest of entry »

Burdensome Section 2704 Regs in IRS Crosshairs

The Internal Revenue Service last week identified the proposed Section 2704 regulations concerning the valuation of family businesses among eight unduly burdensome or complex rules that would be marked for rescission or modification. According to the notice, “these proposed regulations would create an additional category of restrictions that also would be disregarded in assessing the fair market value of an interest.” The notice also noted concerns from public commenters including the increased financial burden to family businesses and the difficulty in making accurate valuations. Read the rest of entry »

EPA Proposes to Rescind Obama-era WOTUS Rule

On June 27, the Environmental Protection Agency, Department of the Army and Army Corps of Engineers announced they are proposing to rescind the 2015 Clean Water Rule and re-codify the regulatory text that existed prior to the “waters of the United States,” or WOTUS, rule in 2015. The final rule, which was first issued in May 2015, dramatically expanded the scope of federal authority over water and land uses across the country.  Read the rest of entry »

Trump Nominates William Emanuel to Fill Final NLRB Seat

On June 27, President Trump nominated William Emanuel, a shareholder with ABC’s general counsel, Littler Mendelson P.C., to fill the remaining seat on the National Labor Relations Board (NLRB). Emanuel is a member of Littler’s Traditional Labor Practice Group and has extensive experience representing trade associations, hospitals, school districts, manufacturing companies and others in a wide range of labor matters.
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OSHA Proposes Delay in Electronic Reporting Compliance

On June 27, the Occupational Safety and Health Administration (OSHA) announced it was proposing to delay the electronic reporting portion of the final rule, “Improve Tracking of Workplace Injuries and Illnesses,” from July 1, 2017 to Dec. 1, 2017.  Read the rest of entry »