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Politics & Policy
US House Introduces Resolution Opposing DOL’s New Davis-Bacon Rule
ABC Slams OSHA’s Worker Walkaround Rule for Failing to Promote Workplace Health and Safety
State Off-Year Elections Deliver Losses To GOP Heading Into 2024
Safety
Utilize Software To Achieve Your Safety Goals
OSHA Extends Comment Period on OSHA Walkaround Proposed Rule to Nov. 13
ABC Expresses Serious Concerns to Congress About OSHA Worker Walkaround Rule
Events/Products/Programs
Nearly 350 ABC Leaders Gather in Washington for Annual Legislative Conference
ABC Members Rank Among ENR’s Top 400 Contractors
Trades Day: Industry Outreach Opportunity With Meaning
State/Local News
Ed Capodanno Honored by Delaware State Legislature
Election Update: ABC Staff and Members Elected in 2022
California Targets Workplace Cannabis Testing
Awards
ABC Congratulates 30 Members Awarded DOL’s 2023 HIRE Vets Medallion
ABC Honors 3 New Applicants With the AQC Credential in October
Graham Roofing Earns the AQC Credential in September
Legislation
ABC-Supported Legislation To Overturn the Northern Long-Eared Bat’s Endangered Species Listing Heads to President Biden’s Desk
ABC Advocates for Solutions to Workforce Shortage at U.S. House Committee Roundtable
Smucker Introduces the ABC-Supported Main Street Tax Certainty Act
Regulations
NLRB Extends Effective Date of the Joint Employer Final Rule to Feb. 26, 2024
DOL’s Unlawful Proposed Overtime Rule Will Disrupt Construction Workers’ Workplace Flexibility
ABC’s November Regulatory Roundup—Learn About the Latest Developments Affecting the Construction Industry
Workforce Development
Register Now for ABC’s Construction Inclusion Week Webinar Series
DOL High Road Workforce Development Program Map Snubs Nonunion Programs
LISTEN: How to Design an Effective Technology Adoption Strategy
On Dec. 5, ABC submitted comments to the U.S. Department of Labor’s Wage and Hour Division in support of its proposal to revise the DOL’s regulation for computing overtime compensation for salaried nonexempt employees who work hours that vary each week (i.e., a fluctuating workweek) under the Fair Labor Standards Act.
According to a DOL news release, the proposal clarifies that bonus and premium payments on top of fixed salaries are compatible with the fluctuating workweek method of compensation, and that supplemental payments must be included when calculating the regular rate of pay as appropriate under the FLSA. The proposed rule also adds examples to the regulation to illustrate the fluctuating workweek method of calculating overtime where an employee is paid a night shift differential and a productivity bonus in addition to a fixed salary.
In its comment letter, ABC applauded the department’s efforts to clarify that bonus payments, premium payments and other additional pay incentives over and above any fixed salary are consistent with the fluctuating workweek method of compensation. ABC further agrees with the department’s rejection of any distinction between “hours-based” or “productivity-based” incentive compensation in applying the fluctuating workweek method of payment.
ABC also pointed out in its letter that it would be helpful for the department to clarify that examples given in the final rule are just that: examples. The department should make clear that examples given do not impose limitations, restrictions or other conditions on applying the overtime calculation.
More information on the fluctuating workweek proposal can be found in the DOL’s news release and on its website.