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NLRB General Counsel Applauds DHS’s Process Enhancements for Supporting Labor Law Enforcement Investigations

On Jan. 13, the U.S. Department of Homeland Security announced a process for labor and employment agency-related requests for deferred action

FTC Releases Restrictive Proposed Rule Banning Noncompete Agreements

On Jan. 5, 2023, the Federal Trade Commission issued a proposed rule that would ban all noncompete agreements with limited exceptions. ABC will be commenting in opposition to the proposed rule, which is overly restrictive on well-established and reasonable business practices of the construction industry. Comments on the proposed rule are due by March 20 through regulations.go

OSHA Increases Civil Monetary Penalties for Employers

On Jan. 13, pursuant to the Federal Civil Penalties Inflation Adjustment Act, the U.S. Department of Labor published a final rule increasing the civil monetary penalties for 2023 based on cost-of-living adjustments. The final rule went into effect on Jan. 17, 2023.

Total Human Health Debuts in 2023 as 26th Key Component of STEP Safety Management System

The ABC National Health and Safety Committee, along with input from subject matter experts in mental health, suicide and addiction, completed the development of a Total Human Health key component that will give companies a new metric on which to benchmark their safety programs.

Final Rule Revising Davis-Bacon Regulations Arrives at OMB

On Dec. 16, 2022, the U.S. Department of Labor sent its final rule updating Davis-Bacon and Related Acts prevailing wage regulations to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The content of the final rule is expected to be publicized in February 2023 or later, but will likely align closely with the

Roundup: ABC Fights the Biden Administration’s Anti-Merit Shop Regulations

During the last year, the Biden administration pushed to roll back Trump-era initiatives and institute new, pro-union policies that challenge our members’ ability to win work. ABC fought against these proposed rules and regulations affecting merit shop contractors and advocated for open competition and free enterprise.

Biden Administration Releases Long-Awaited 2022 Fall Regulatory Agenda

On Jan. 4, the Biden administration released its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory

NDAA Progresses Without ABC-Opposed Labor Provisions

On Thursday, the U.S. House of Representatives passed the National Defense Authorization Act (H.R. 778), setting the table for its U.S. Senate passage this week. Notably, the NDAA­­ does not include

ABC Opposes DOL’s Independent Contractor Proposed Rule

On Dec. 13, ABC submitted comments opposing the U.S. Department of Labor’s

ABC Urges NLRB to Withdraw Joint Employer Proposed Rule

On Dec. 7, ABC submitted comments

Take Action: Oppose the DOL’s Disruptive Independent Contractor Proposal!

On Oct. 11, the U.S. Department of Labor announced a new proposal to rescind and replace a commonsense, ABC-supp

Treasury and IRS Release Unclear Guidance on IRA Tax Credits, Davis-Bacon and Apprenticeship Requirements

On Nov. 30, the U.S. Treasury Department and Internal Revenue Service released guidance regarding tax credits for private clean energy projects funded by the Inflation Reduction Act conditioned on compliance with prevailing wage and government-registered apprenticeship requirements. Treasury and the IRS also released FAQs to provide additional information on the prevailing wage&

FAR Council Proposes Rule Requiring Emissions Disclosures and Reductions for Federal Contractors

On Nov. 14, the Federal Acquisition Regulatory Council issued a proposed rule to amend the Federal Acquisition Regulation to require certain federal contractors to disclose their greenhouse gas emissions and set GHG emission reduction targets. Under the proposed rule, federal contrac

ABC Submits Comments Supporting DOT Buy America Waivers

The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements are now in effect for most federally funded infrastructure projects. The DOT proposed two narrower waivers that will exempt a limited number of projects from these requirements.

NLRB Extends Comment Deadline for Representation-Case Procedures Proposed Rule

On Nov. 22, the ABC-led Coalition for a Democratic Workplace requested that the National Labor Relations Board issue a 30-day extension to the comment period for the board’s new notice of proposed rulemaking addressing election-blocking charges, voluntary

Election Update: ABC Staff and Members Elected in 2022

With essentially all House races called, Republicans are on pace to hold the House majority by approximately the same margin that Democrats enjoyed in the 117th Congress—around five seats. On the heels of Democrat John Fetterman’s defeat of Dr. Mehmet Oz, Republican, to flip retiring Republican Sen. Pat Toomey’s seat in Pennsylvania, Democrats will return to the Senate majority.

House Approves Measure To Avoid Freight Rail Strike, Backs Paid Leave Resolution

On Nov. 30, the U.S. House of Representatives voted in favor of legislation to end a labor standoff that threatened a stoppage of rail service and a labor strike that would have a significant impact on the U.S. economy and lead to further inflationary pressure. Lawmakers voted

IIJA Buy America Rules Now in Effect; DOT Proposes New Waivers

The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements are now in effect for most federally funded infrastructure projects. The DOT proposed two narrower waivers that will exempt a limited number of projects from these requirements.

Tell the NLRB To Abandon Its New Radical Joint Employer Rule

The ABC-led Coalition for a Democratic Workplace has created a 

ABC Calls on Supreme Court to Reverse Intentional Destruction of Employer Property Case

On Nov. 8, ABC joined the Coalition for a Democratic Workplace and six other employer organizations in filing an

ABC Opposes New NLRB Representation Case Procedures Proposed Rule

On Nov. 3, the National Labor Relations Board issued a new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. The proposal rescinds the ABC-supported 2020 NLRB final rule, which would 

ABC Fights for Merit Shop Priorities in Midterms: FEA Spends $2.7M; ABC PAC Spends $1.6M

Since August, ABC’s Free Enterprise Alliance has spent $2.7 million on get-out-the-vote campaigns and—separately—issue advocacy. Additionally, ABC PAC raised $1.7 million and contributed $1.6 million directly to federal candidates that believe in free enterprise and open competition, placing ABC among the most politically active trade associations in the nation over the 2021-2022 election cycle.

ABC-Led Coalition Requests Extension on IRS/Treasury Davis-Bacon and Registered Apprenticeship Mandates

On Oct. 31, an ABC-led coalition of 22 construction and energy groups sent a letter to the U.S. Department of the Treasury and Internal Revenue Service requesting a 60-day extension of the Nov. 4 deadline in response to their 

ABC Opposes GSA Final Rule Allowing Union Organizing of Contractors on Federal Property

On Nov. 1, ABC submitted comments opposing the General Services Administration’s Sept. 2 final rule to allow unions access to federal property for the purpose of soliciting membership from the employees of federal contractors. Previously, these activities were barre

SBA to Hold Virtual Roundtable on DOL Independent Contractor Proposal

On Oct. 25, the U.S. Small Business Administration Office of Advocacy announced that it is hosting a virtual roundtable to gather input from small businesses on the U.S. Department of Labor’s new independent contractor proposed rul

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