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In addition to the OSHA and federal contracting regulations, the latest regulatory agenda, released Nov. 21, outlines the Department of Labor’s (DOL) plan to move forward with the controversial persuader rule and overtime requirements among other important rules affecting the construction industry.

Federal Contractors should be on the lookout for a number of items listed in the latest regulatory agenda, released Nov. 21, which lists the priorities of the administration and the rulemakings they expect to release this year. 

ABC and 19 other business trade groups, sent a letter on Nov. 6 requesting that President Obama withdraw the “Fair Pay and Safe Workplaces” Executive Order (E.O.). The letter, sent to U.S. Department of Labor (DOL) Secretary Thomas Perez and Assistant to the President and Director of the Domestic Policy Council Cecilia Muñoz, outlines ABC’s concerns that the E.O. dramatically changes the enforcement mechanisms carefully put in place by Congress and needlessly adds uncertainty, subjectivity and onerous and costly new data collection and reporting requirements for federal contractors. 

ABC strongly opposed a new executive order (EO) that will harm federal contractors, taxpayers and government procurement officials at an Oct. 13, 2014, White House listening session with major employer association representatives, businesses and Obama administration officials.

On Oct. 7, the U.S. Department of Labor (DOL) Wage and Hour Division issued a final rule to implement Executive Order 13658, which would establish an hourly minimum wage of $10.10 for workers performing on covered federal construction and service contracts. 

On September 25 the U.S. Department of Labor’s Veterans' Employment and Training Service issued a final rule that changed the reporting requirements for federal contractors and subcontractors who hire and employ veterans under provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

The Obama administration has recently issued several heavy-handed executive actions that affect the federal contracting community, particularly the construction industry. These actions cover everything from potential blacklisting to super-minimum wage to overtime.

The Department of Labor’s proposal to implement Executive Order 13658 establishing a minimum wage for federal contractors raised concerns which were outlined in comments ABC submitted July 28. Under the proposal, beginning Jan. 1, 2015, the hourly minimum wage paid by contractors to workers performing on covered federal contracts would be $10.10 per hour. In the comments, ABC states the proposal should be withdrawn or substantially modified.

On June 17, the U.S. Department of Labor Wage and Hour Division issued a proposed rule to implement Executive Order 13658, which would establish a minimum wage for federal contractors. Beginning Jan. 1, 2015, the executive order will require the hourly minimum wage paid by contractors to workers performing on covered federal contracts to be $10.10 per hour. Beginning Jan. 1, 2016, the executive order allows the minimum wage to be determined annually by the Secretary of Labor. Comments on the proposal are due July 17, 2014.

A health care alert from Washington Council Ernst & Young regarding health care law provisions that impact employers is available for ABC members on ABC’s Employer Health Care Law Toolkit.