The Department of Labor (DOL) in January released an updated agenda outlining the regulatory activities of its sub-agencies for the next six months. The agenda includes items on reporting requirements for labor consultants, employers and associations, and affirmative action in federal construction, among other issues.

According to its agenda, DOL will proceed with a proposed rule that would greatly expand the circumstances in which third party advice, used by employees to inform employees about their rights to collective bargaining, would have to be reported by both the employer and the third party (which would include attorneys and association staff). The disclosure requirement, as written, includes money paid for such services. The so-called “persuader” rule is listed on the agenda with a finalization date of August; however, DOL is not required to adhere to the timeline.

DOL’s Employment Training Administration plans to release a notice of proposed rulemaking as early as this month that would revise the equal opportunity regulatory framework for the National Apprenticeship Act, and revise the actions construction contractors are required to take to implement affirmative action programs in areas of recruitment, training and apprenticeship. 
 
In addition, DOL’s Office of Federal Contract Compliance Programs plans to strengthen the affirmative action requirements for federal contractors and subcontractors regarding individuals with disabilities, veterans and, women and minorities under three separate rulemakings. A proposal to update requirements for hiring people with disabilities closes Feb. 21, and ABC plans to file a set of comments before the deadline. Final action on an affirmative action rule for hiring veterans is slated to be finalized in July, and an additional proposal to increase hiring of minorities and women in the construction industry is tentatively scheduled for publication in April.  

A proposal from DOL’s Wage and Hour Division that would have required employers to provide written “classification analyses” on workers’ status as exempt/non-exempt, independent contractor/employee, has been deprioritized and moved to the agency’s “Long Term Actions.” The rule, as outlined by DOL in meetings with stakeholders, would have added burdensome paperwork requirements on employers and the potential for substantial litigation costs. Over the past two years, ABC has conveyed these concerns to DOL, and will continue to monitor the agency’s long-term plans surrounding this issue.  

For more information or to view the complete regulatory agenda, visit the DOL website.