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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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From the category archives: GA-PLAs

GA-PLAs

ABC Hits the Airwaves to Advocate for Merit Shop Construction

Ben Brubeck, ABC’s vice president of regulatory, labor and state affairs, conducted 11 radio and TV interviews during the Conservative Political Action Conference on Feb. 27 in Washington, D.C. Brubeck discussed the outlook for construction spending and infrastructure investment, highlighted the industry’s response to its current skilled labor shortage and promoted the benefits of fair and open competition on taxpayer-funded construction contracts.

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Baltimore City Council Contemplates PLA Mandate

A bill introduced in the Baltimore City Council by Councilmember Shannon Sneed and Council President Brandon Scott would make sweeping changes to the City of Baltimore’s procurement laws. The proposed ordinance, File 20-0488, would impose government mandated project labor agreements on any construction contract valued at $25 million or more. 

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Virginia General Assembly Moves Legislation Requiring PLAs and Prevailing Wage on Public Works

In control for the first time since 1993, Democratic leadership in Virginia’s General Assembly is poised to pass legislation at the expense of Commonwealth taxpayers who finance the construction and maintenance of schools, affordable housing roads, bridges, transportation projects and other infrastructure projects in disrepair.
 

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Study: Project Labor Agreement Mandates Inflate the Cost of Connecticut School Construction by 19.8%

A study released in January 2020 by the Beacon Hill Institute found that Connecticut schools built under controversial government-mandated project labor agreements cost 19.8% more than schools that were bid and constructed through fair and open competition, free from PLA requirements.

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Study: Project Labor Agreement Mandates Inflate Cost of New Jersey School Construction by 16.25%

A study released in August by the Beacon Hill Institute found that New Jersey schools built under controversial government-mandated project labor agreements cost 16.25% more than schools that were bid and constructed through fair and open competition, free from PLA requirements.

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Controversial Multiemployer Pension Plan Bill Advances in Congress

On July 24, the U.S. House of Representatives passed the Rehabilitation for Multiemployer Pensions Act (H.R. 397) by a vote of 264-169 with 29 Republicans supporting the majority. Advocates argue the measure is needed to protect the pensions of 1.3 million workers in certain multiemployer pension plans and prevent the collapse of the Pension Benefit Guaranty Corporation, while critics maintain the legislation is a taxpayer-funded bailout of MEPPs and does little to address the fundamental structural flaws of MEPPs.

 

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Nevada Reforms Prevailing Wage Law, Repeals PLA Neutrality

Nevada Gov. Steve Sisolak (D) recently signed into law two pro-union pieces of legislation that will revise construction provisions on public works projects. The first, AB 136, makes three substantive changes to the states prevailing wage law.  READ MORE

ABC, Industry Groups Urge President Trump to Reverse Obama-era Policy on PLAs

ABC joined a coalition of construction and business associations urging President Trump to eliminate government-mandated project labor agreements and allow for the vast majority of qualified contractors and their skilled employees to compete for federal and federally assisted taxpayer-funded construction projects. READ MORE

Survey: ABC Members Strongly Oppose Government-mandated PLAs

ABC members overwhelming reported that government-mandated project labor agreements harm their businesses, hiring and workforce development practices and ability to complete work safely, on time and on budget, according to the results of a December 2018 membership survey published today. READ MORE

Pennsylvania Court Strikes Down PLA Mandate

ABC members Allan Myers and J.D. Eckman Inc. recently won a court case challenging the Pennsylvania Department of Transportation’s project labor agreement mandate for the Markley Street reconstruction project in Montgomery County. Tried in the Commonwealth Court of Pennsylvania, the court ruled on Jan. 11 that PennDOT’s PLA mandate violated the state’s competitive bidding laws and discriminated against nonunion contractors.  READ MORE
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