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ABC Slams U.S. DOL’s Withdrawal of Trump-era Independent Contractor Final Rule

May 05, 2021

On May 5, the U.S. Department of Labor announced the withdrawal—effective May 6—of the Trump-era independent contractor final rule. While expected, this action is extremely disappointing. ABC strongly supported the Trump DOL final rule, which would have clarified the department’s interpretation of independent contractor status under the Fair Labor Standards Act and promoted certainty for employers, independent contractors and employees.

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Brad Mannion 's Articles

DOL Delays Effective Date of ABC-supported Independent Contractor Final Rule

On March 2, the U.S. Department of Labor’s Wage and Hour Division announced a final rule that delays the Trump administration’s DOL independent contractor final rule’s effective date from March 8 to May 7, 2021. On Feb. 24, ABC submitted comments in opposition to the DOL’s proposal to delay the effective date because the final rule provides urgently needed clarification of the independent contractor standard applicable under the Fair Labor Standards Act.

With Relief Talks Over, President Trump Signs Executive Orders

In lieu of the failed negotiations over additional relief funding from Congress, President Trump signed executive orders to provide expanded unemployment benefits, a temporary payroll tax deferral, eviction protection and student-loan relief.

President Trump Issues Executive Order on Regulatory Relief to Jumpstart the Economy

On May 19, President Trump signed the Executive Order, “Regulatory Relief to Support Economic Recovery,” which encourages federal agencies to review burdensome regulations in order to jumpstart the economy and get Americans back to work.

SBA and Treasury Confirm Businesses With 500 or Fewer Employees Can Qualify for the Paycheck Protection Program

The Small Business Administration and the U.S. Department of Treasury confirmed ABC’s interpretation of the IFR and addressed this issue in a release of FAQs for lenders and borrowers. Importantly, this document clarifies that businesses do not have to qualify as both a small business concern and have 500 or fewer employees. ABC continues to urge eligible members in need to apply for PPP loans.

EPA and Corps Issue Repeal of 2015 WOTUS Rule

On Sept. 12, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers signed the final rule rescinding the 2015 final Clean Water Rule: Definition of "Waters of the United States," also known as the WOTUS final rule. ABC President and CEO Michael Bellaman attended the signing ceremony for the rulemaking.

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