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On May 22, the U.S. House of Representatives passed its budget reconciliation bill, H.R. 1, the “One, Big, Beautiful Bill Act,” in a 215-214-1 vote.
Ahead of the vote, ABC sent a Key Vote letter expressing strong support for the bill that provides critical tax relief to contractors. Among the many essential reforms in the package, ABC particularly supports:
The House leadership’s Managers Amendment added last-minute changes to the legislation ahead of floor consideration, including:
The House-passed bill now heads to the U.S. Senate, where it is likely to be amended. Given the bill’s privilege under reconciliation rules, the Senate will only need a simple majority to approve their version bill. Both chambers will have to pass the same bill in order to send it to the president’s desk.
On May 20, the U.S. Equal Employment Opportunity Commission began accepting 2024 EEO-1 Component 1 reports. The deadline to submit is Tuesday, June 24. EEOC Acting Chair Andrea Lucas issued this bulletin about the opening of the 2024 EEO-1 Component 1 data collection process.
According to the EEOC, after June 24 (the “Published Due Date”), no additional 2024 EEO-1 Component 1 reports will be accepted, and eligible employers will be out of compliance with their mandatory 2024 EEO-1 Component 1 filing obligations.
Under current EEOC regulations, private employers with 100 or more employees and federal contractors with 50 or more employees, who also meet certain criteria, are required to report annually the number of individuals they employ by job category and by sex and race or ethnicity.
The mandatory annual data collection is conducted through the EEO-1 Component 1 Online Filing System.
To ensure compliance with the EEOC’s substantive filing requirements, the EEOC advises filers to read the 2024 EEO-1 Component 1 Instruction Booklet. Additional EEOC resources include:
All updates about the 2024 EEO-1 Component 1 data collection, including supplementary resource materials, will be posted to www.eeocdata.org/eeo1 as they become available.
Contact the EEO-1 Component 1 online Filer Support Message Center (i.e., filer help desk) with any questions regarding the 2024 collection.
On May 19, ABC participated in a listening session focused on the impact on small businesses of revising the definition of “waters of the United States” subject to Clean Water Act regulation and permitting.
The listening session was jointly hosted by the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers and U.S. Small Business Administration’s Office of Advocacy to help them understand the real-world impacts of WOTUS and CWA as the EPA and USACE consider how to provide clear and consistent rules for the regulated community.
During the session, ABC shared with agency leadership the unnecessary cost increases and delays imposed on small businesses in the construction industry by unclear WOTUS regulations, emphasizing the following points:
Previously, ABC joined the Waters Advocacy Coalition in submitting written comments to the EPA and USACE expressing support for a clear and consistent definition of “waters of the United States” that fully complies with the U.S. Supreme Court’s holding in Sackett v. Environmental Protection Agency.
On May 16, the U.S. District Court for the District of Columbia granted the North America’s Building Trades Unions’ request for a preliminary injunction against the U.S. Department of Defense and General Services Administration’s orders seeking to exempt certain federal construction contracts from the Biden administration’s PLA mandate.
ABC issued a statement disagreeing with the decision and calling on President Donald Trump to rescind former President Joe Biden’s Executive Order 14063 and subsequent final rule, Use of Project Labor Agreements for Federal Construction Projects, mandating project labor agreements on federal construction projects worth $35 million or more.
Prior to the May 16 injunction, the DOD had exempted all the agency’s contracts from the PLA mandate and the GSA had exempted all land port of entry projects.
While the DOD and GSA have not yet issued any public guidance in response to the injunction, the order means that the PLA mandate will be back in effect for all federal construction contracts over $35 million.
Contracts that have already been awarded should not be affected but ongoing solicitations may be amended to reincorporate the PLA mandate.
Agencies should still have the option to seek case-by-case exceptions to the mandate.
Take Action: Tell President Trump to put an end to the PLA mandate by signing an executive order supporting fair and open competition through ABC’s action alert.
ABC urges President Trump to rescind the Biden-era policy and replace it with a new executive order that promotes fair and open competition and protects federal and federally assisted construction contracts from government-mandated PLAs, allowing merit shop contractors to have a fair chance to win work.
ABC will continue to fight against the Biden administration’s illegal and costly PLA mandate and will keep ABC members updated on further developments.
On May 1, the U.S. Department of Labor announced that it will pause enforcement of the 2024 Employee or Independent Contractor Classification Under the Fair Labor Standards Act final rule in current enforcement matters while the agency reviews this regulation. ABC, its Southeast Texas chapter, the Coalition for Workforce Innovation and five other organizations are currently challenging the 2024 final rule in federal court.
ABC is pleased that the DOL will not apply the Biden administration’s 2024 final rule’s analysis in current enforcement matters. This is welcome news for the many construction employers who depend on legitimate independent contractors to provide specialized skills, entrepreneurial opportunities and stability during fluctuations of work common to the industry, ABC said in a statement.
The Biden administration’s 2024 final independent contractor rule is confusing, vague and unworkable, and harms construction workers classified as independent contractors because they will lose crucial opportunities for work.ABC continues to support reinstatement of the Trump administration’s 2021 final rule, which simplified and clarified the factors for determining when a worker is an independent contractor versus an employee.
Following the DOL’s announcement, ABC’s general counsel Littler Mendelson issued an article, “DOL Hits Pause on Enforcement of Biden-Era Independent Contractor Rule, Suggests New or Changed Rule Forthcoming,” which includes the following information:
What's the DOL's New Guidepost?
“While the DOL’s review and reconsideration of the rule continues, the Field Assistance Bulletin notes that, effective May 1, 2025, the DOL will enforce the FLSA in accordance with Fact Sheet #13 (from July 2008, not March 2024) and as further informed by the reinstated Opinion Letter FLSA2019-6, which addresses classification in the context of virtual marketplace platforms.”
What Now for Employers?
“Employers should carefully review Fact Sheet 13 (from July 2008) because it varies significantly from the 2024 rule that DOL investigators or others may have been considering as controlling. Employers should also recall the dozens of different standards for independent contractor status under other employment laws, including those at the state and sometimes local level, and remain vigilant in complying with those laws while the DOL continues its review and likely dramatic altering of independent contractor criteria under the FLSA. Experience shows that those other employment laws also have shifting regulations or even statutory changes, so employers should not wait for a ‘quiet time’ in the world of worker classification to evaluate their policies and practices because that time may never arrive.”
For additional guidance beyond the field assistance bulletin, workers and employers can contact the Wage and Hour Division at its toll-free helpline, 866-4US-WAGE (487-9243).
ABC members are encouraged to reach out to counsel with any questions regarding the DOL’s pause on enforcement of the 2024 independent contractor rule.
On May 5, as a part of the America at Work tour, U.S. Department of Labor Secretary Lori Chavez-DeRemer and U.S. Rep. Juan Ciscomani, R-Ariz., visited an ABC member jobsite and participated in an Arizona Builders Alliance-led roundtable discussion in Tucson, Arizona.
The group toured ABC member Chasse Building Group’s project to build Pima Community College’s Building and Construction Technologies training center as well as Pima’s other programs that train students in automotive technology and advanced manufacturing.
Secretary Chavez-DeRemer and Rep. Ciscomani then joined the Arizona Builders Alliance in a roundtable discussion focused on workforce shortages in the construction industry and policies that reduce unnecessary red tape to empower workers and businesses. ABA members also emphasized ABA members’ commitment to safety and spoke about the importance of legal pathways for workers in the construction trades, such as expanding visa programs.
“With strong growth in the construction industry thanks to President Trump’s America First policies, it’s critical the DOL continues our mission to upskill American workers by partnering with local leaders to fill these in-demand jobs,” said Secretary Chavez-DeRemer. “I enjoyed learning firsthand how educators and businesses in Tucson have developed pathways to successful, good-paying careers in construction and building trades.
“I am incredibly grateful to my good friend, Secretary Lori Chavez-DeRemer, for her leadership, commitment to empowering our workers, support for workforce development efforts and for taking the time to meet with educators, business leaders and employees in my district,” said Ciscomani. “Secretary Chavez-DeRemer is a fantastic partner, and I look forward to continuing working with her to deliver on our promise to America’s workforce.”
ABC’s Free Enterprise Alliance has launched an issue advocacy campaign in Missouri, Kansas, Ohio and the Washington, D.C. metro area to educate elected officials and the public on Sen. Josh Hawley’s, R-Mo., Pro-Worker Framework for the 119th Congress that includes sections of the ABC-opposed Protecting the Right to Organize Act and the Warehouse Worker Protection Act.
On March 4, Hawley, along with Sens. Bernie Moreno, R-Ohio, Corey Booker, D-N.J., Gray Peters, D-Mich., and Jeff Merkley, D-Ore., introduced S. 844, the Faster Labor Contracts Act, which would impose unrealistic, arbitrary deadlines requiring employers to reach an agreement in first contract negotiations with newly elected unions or face “binding interest arbitration,” which eviscerates “voluntary agreement,” a primary tenet of U.S. labor law. Under mandatory arbitration, contracts would be imposed on workers, employers and unions with no vote on the final product. Mandatory arbitration would deprive both employers and employees of property rights without the requisite due-process safeguards.
ABC and the ABC-led Coalition Democratic Workplace released statements opposing the bill.
Watch the ad here.
The U.S. Small Business Administration Office of Advocacy, the watchdog for small businesses in the regulatory process, recently launched the Red Tape Hotline.
Small businesses can use the hotline to voice their concerns about federal regulations that negatively affect their operations. According to the Office of Advocacy, it has received and reviewed 96 submissions from small businesses since its inception.
On April 30, SBA issued a summary of its accomplishments during the first 100 days of the Trump administration, stating, “In the first 100 Days of the Trump-Vance Administration, Advocacy has prioritized cutting red tape for small businesses. Advocacy has already delivered significant accomplishments in these first 100 days.
“Since January 20, 2025, Advocacy has cut $48.1 billion in regulatory burden in the first 100 days, compared to $0 in President Biden’s first 100 days, $4.1 billion in the first 100 days of President Trump’s first administration, and $6.8 billion in President Obama’s first 100 days.”
Learn more about the SBA’s Office of Advocacy.
On April 23, ABC urged the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers to streamline the federal permitting process under the Clean Water Act while protecting America’s navigable waters from pollution in comments submitted as part of the Waters Advocacy Coalition.
The comments were submitted in response to the EPA and USACE’s request for feedback regarding how the agencies can better ensure clear and consistent rules for the regulated community and bring the agencies into full compliance with the U.S. Supreme Court’s holding in Sackett v. Environmental Protection Agency.
ABC’s comments reiterated support for a clear and consistent definition of “waters of the United States” subject to CWA regulation and permitting that complies with Sackett and included the following recommendations:
The EPA and USACE are also holding an initial public listening session on May 14 virtually and in person in Charleston, West Virginia, and a listening session for small businesses on May 19 virtually and in person in Washington, DC.
A second public listening session has yet to be scheduled and will be available on the EPA’s website.
On April 23, President Donald Trump signed an executive order aimed at overhauling federal workforce development efforts.
The order directs the U.S. Department of Labor, U.S. Department of Education and U.S. Department of Commerce to review and modernize federal workforce programs, focusing on administrative reforms to improve participant experiences and aligning programs with the needs of emerging industries. The agencies are directed to develop a comprehensive workforce strategy to achieve these goals within 90 days.
The executive order also includes a goal of supporting over 1 million government apprenticeships annually by expanding apprenticeships to new industries, improving efficiency and enhancing connections between registered apprenticeships and the education system. The agencies are directed to submit a plan to do so within 120 days.
The initiative seeks to address labor shortages, specifically citing a 447,000-person workforce shortage in construction.
ABC and contractor members continue to take a leading role in upskilling the construction workforce, with chapters offering over 450 government-registered apprenticeship programs and members investing $1.6 billion in workforce training through an all-of-the-above approach.
For more information, see the fact sheet.