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As part of a legal challenge against the National Labor Relations Board’s joint employer final rule, a federal judge in Texas delayed the final rule’s effective date from Feb. 26 to March 11.

Per the Occupational Safety and Health Administration, upload your OSHA 300A form electronically by March 2 if your NAICS code begins with 23 and you have 20 or more employees in an establishment. New additional requirements for 2024, if your NACIS code begins with 2381 and you have 100 or more employees in an establishment, you must upload your OSHA 300 log (after removing data from column B) and the OSHA 301 form for each recordable incident (after removing data from field 1, 2, 6 and 7).

The National Labor Relations Board’s joint employer rule will go into effect on Feb. 26. The new standard, opposed by ABC, will only be applied to cases filed after the rule becomes effective.

ABC is conducting an important survey of contractor members and chapter staff to gauge opinions on the U.S Department of Labor’s controversial proposed rule, which significantly overhauls regulations for government-registered apprenticeship programs. Ensuring as many members and chapters as possible respond to this survey will be vital so ABC can provide effective, informed comments that seek regulatory clarity and push back against concerning aspects of the DOL’s proposed rule. ABC has extended the survey deadline to Feb. 22 at 11:59 p.m. ET.

On Feb. 6, 2024, ABC and the Coalition for a Democratic Workplace sent a letter to two congressional committees urging them to use their oversight authority to rein in the National Labor Relations Board and its general counsel for creating significant tension between federal antidiscrimination law and federal labor law. The letter was sent in light of a recent supplemental decision in the Amazon.com Services LLC v. Gerald Bryson case, in which the NLRB held that Amazon illegally fired a worker who was verbally attacking a co-worker while on strike.

On Feb. 9, the ABC-led Coalition for a Democratic Workplace and 15 employer organizations filed an amicus brief before the U.S. Court of Appeals for the 9th Circuit in Cemex Construction Materials Pacific v. NLRB, in which the National Labor Relations Board altered the union representation election process to essentially eliminate secret ballot elections in place of card check. The CDW called on the 9th Circuit to set aside and decline to enforce the NLRB’s order, which takes away employees’ right to choose representation without pressure or coercion.

On Feb. 9, the U.S. Department of Labor’s Occupational Safety and Health Administration sent its Worker Walkaround Representative Designation Process final rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget for final review. The rule would allow employees to choose a third-party representative, such as an outside union representative or community activist, to accompany an OSHA inspector into nonunion facilities. The review at the OIRA is usually the final step in the process before a rule is officially published in the Federal Register. ABC will be meeting with the OIRA to express its serious concerns about the rule.

ABC is conducting an important survey of contractor members and chapter staff to gauge opinions on the U.S Department of Labor’s controversial proposed rule, which significantly overhauls regulations for government-registered apprenticeship programs. Ensuring as many members and chapters as possible respond to this survey will be vital so ABC can provide effective, informed comments that seek regulatory clarity and push back against concerning aspects of the DOL’s proposed rule.

While the U.S. House of Representatives passed the ABC-supported Tax Relief for American Families and Workers Act last week, the bill still has an uncertain pathway in the U.S. Senate, where Republicans have taken a harder line against the proposal, calling for an amendment process. Sen. John Thune, R-S.D., said the expanded Child Tax Credit in the deal is the biggest issue for the GOP.

The U.S. Department of Labor’s Occupational Safety and Health Administration is hosting a webinar on electronically submitting workplace injury and illness data using the Injury Tracking Application on Feb. 7 from 1-2 p.m. ET. Registration is free.

On Jan. 30, the Federal Acquisition Regulatory Council released a proposed rule, Pay Equity and Transparency in Federal Contracting. The proposal would prohibit federal contractors and subcontractors from requesting or considering information about a job applicant’s salary history during hiring for certain positions and would also require them to publicly disclose the salary for certain positions as part of any advertisements for the job opening.

The U.S. Department of Labor’s Wage and Hour Division recently announced a series of virtual compliance seminars to provide information on prevailing wage requirements for federally funded construction and service contracts. Each seminar will offer separate sessions focused on Davis-Bacon Act and Service Contract Act compliance.

On Jan. 30, 2024, ABC submitted a letter requesting a 30-day extension of the comment period on the U.S. Department of Defense’s proposed rule and guidance documents implementing the Cybersecurity Maturity Model Certification 2.0 Program.

The Federal Acquisition Regulatory Council’s final rule, Use of Project Labor Agreements for Federal Construction Projects, took effect on Jan. 22. The final rule implements President Joe Biden’s Executive Order 14063, which requires federal construction contracts of $35 million or more to be subjected to controversial project labor agreements.

The Biden administration continues to roll back Trump-era initiatives and institute new, pro-union policies that challenge ABC members’ ability to win work. ABC continues to fight against these proposed rules and regulations affecting merit shop contractors and advocate for open competition and free enterprise.

The Construction Specifications Institute is looking for new members on its MasterFormat Task Team—a group of eight specification, architecture, engineering, construction and owner professionals selected to serve the industry by investing time, expertise and effort in the updating and maintenance of the MasterFormat classification standard. The deadline to apply is Jan. 30.

On Jan. 17, 2024, the Federal Register published the controversial 626-page U.S. Department of Labor proposed rule that would make significant revisions to the National Apprenticeship System that will affect ABC members, chapters, apprentices and other industry stakeholders participating in government-registered apprenticeship programs.

On Jan. 11, the U.S. Department of Labor issued a final rule to adjust for inflation the civil monetary penalties assessed or enforced by the DOL, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The Inflation Adjustment Act requires that the agency annually adjust its civil money penalty levels for inflation by Jan. 15 of each year. However, due to a federal holiday on Jan. 15, the new OSHA penalty amounts went into effect on Jan. 16.

ABC members and chapters are encouraged to register for an ABC members-only webinar from 2 to 3:15 p.m. ET on Wednesday, Jan. 17, 2024, where experts will discuss the rule, the OMB memo and ABC’s legal, advocacy and public relations strategies to fight federal PLA requirements.

On Jan. 9, the U.S. Department of Labor’s Wage and Hour Division announced the final rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act, which rescinds the ABC-supported 2021 final rule and replaces it with a confusing multifactor analysis to determine whether a worker is an employee or an independent contractor. The final rule takes effect on March 11.

UPDATE: The DOL webinar has been postponed to a later date. On Jan. 30, 2024, from 2 to 3:15 p.m. ET, ABC is offering an ABC members-only webinar on the proposed rule where you will learn about the problematic and beneficial provisions of the rule and hear how you can best participate in regulatory and advocacy efforts to help improve this extensive regulation. Encourage ABC member and chapter education professionals, human resources, management professionals and other stakeholders to register to attend the webinar. In addition, the U.S. Department of Labor’s Employment and Training Administration is sponsoring a webinar on Jan. 11, 2024, from 2 to 3 p.m. ET.

On Jan. 9, the U.S. Department of Labor’s Wage and Hour Division announced the final rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act, which rescinds the ABC-supported 2021 final rule and replaces it with a confusing multifactor analysis to determine whether a worker is an employee or an independent contractor. The final rule takes effect on March 11, 2024.

On Jan. 4, ABC authored a coalition letter to Congress signed by 23 organizations opposing the final rule and urging members to co-sponsor the ABC-backed Fair and Open Competition Act. In addition, Ben Brubeck, ABC vice president of regulatory, labor and state affairs, authored a Fox Business op-ed on the Biden PLA rule, which ran on Jan. 4.

In December 2023, ABC submitted comments as a steering committee member of the Construction Industry Safety Coalition and the Coalition for Workplace Safety in response to the Occupational Safety and Health Administration’s potential standard for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings following its review of the Small Business Advocacy Review Panel materials and the SBAR Panel’s final report.

On Dec. 14, 2023, the Biden administration announced a U.S. Department of Labor proposed rule that would make significant and controversial revisions to the National Apprenticeship System. On Dec. 18, ABC issued a press release in response to the ABC-opposed proposal.

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