On June 17, the U.S. Department of Labor sent its controversial National Apprenticeship System Enhancements final rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget for final review, the last step in the regulatory process before implementation. The proposed rule made significant and costly changes to government-registered apprenticeship programs that are likely to undermine the construction industry’s skilled labor shortage an existing workforce development programs. ABC will be meeting with the OIRA to express its serious concerns about the rule.

On June 3, Reps. Clay Higgins, R-La., and Dusty Johnson, R-S.D., hosted a briefing on the use of project labor agreements and the effects on the American construction workforce. Ben Brubeck, ABC vice president of regulatory, labor and state affairs, joined other state and industry stakeholders to discuss the Biden administration’s final rule mandating PLAs on federal construction projects of $35 million or more that went into effect on Jan. 22.

On May 24, ABC joined the U.S. Chamber of Commerce and more than 200 national associations and state and local chambers in urging the Federal Trade Commission to stay the effective date of its final rule to ban noncompete clauses in order to allow for judicial review. The effective date of the rule is Sept. 4.

On May 22, ABC joined a coalition of business groups in filing a complaint in the U.S. District Court for the Eastern District of Texas, Sherman Division, challenging the U.S. Department of Labor’s controversial final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees, which will change overtime regulations under the Fair Labor Standards Act. Read ABC’s news release announcing the lawsuit.

On May 17, ABC joined an industry coalition in submitting comments to the White House’s Office of Management and Budget in response to the OMB’s request for information on public participation in federal agency policymaking. The OMB issued the request ahead of plans to develop a governmentwide framework, common guidelines and leading practices for public participation and community engagement.

On May 21, 20 states led by Iowa and North Dakota joined in a lawsuit against the Council on Environmental Quality, seeking to overturn the ABC-opposed National Environmental Policy Act Phase 2 revisions. The complaint asserts that the CEQ’s new regulations impose unnecessarily burdensome and unworkable new rules that will delay critical projects across the country.

On April 4, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency issued a proposed rule on Cyber Incident Reporting for Critical Infrastructure Act Reporting Requirements. The rule, in alignment with the CIRCIA Act (signed into law as part of the Consolidated Appropriations Act of 2022), imposes new cyber incident and ransom payment reporting requirements for companies deemed to have responsibility for critical infrastructure.

ABC’s Massachusetts chapter and a coalition of merit shop contractors successfully blocked the Springfield Water and Sewer Commission’s plan for a project labor agreement mandate on a $325 million water filtration plant.

On May 21, ABC joined the U.S. Chamber of Commerce and a coalition of business groups in filing a lawsuit in the U.S. District Court for the Western District of Texas, Waco Division against the U.S. Department of Labor’s Occupational Safety and Health Administration’s Worker Walkaround Representative Designation Process final rule. Read the news release announcing the lawsuit.

On May 14, ABC joined a broad group of trade associations in filing an amicus brief in support of plaintiffs’ request for injunctive relief against the Federal Trade Commission’s final rule to ban noncompete clauses. Injunctive relief is appropriate and necessary to avoid the immediate and irreparable harm the FTC’s final rule would impose on the hundreds of thousands of American businesses—like construction companies—that appropriately rely on narrowly tailored noncompetes.