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ABC Hails Court Decision Blocking Biden Administration’s Independent Contractor Rulemaking

On March 15, the U.S. District Court for the Eastern District of Texas dealt a blow to the Biden administration’s efforts to delay and rescind the Trump administration’s 2021 independent contractor final rule. Under a decision applauded by ABC, which had sued to block those actions, the ABC-supported rule went into effect as scheduled on March 8, 2021, and remains in effect today.

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ABC: Biden’s Proposed Davis-Bacon Act Reforms Are More Pork for Special Interests

“While ABC is still reviewing the 432-page rule, it appears the DOL missed an opportunity for meaningful Davis-Bacon reform. For example, the proposed rule reverts back to 1983 regulations that do not result in actual prevailing rates, as required by statute. Reversing course by 40 years is not modernization. Instead, it is even worse public policy catering to special interests embedded in the Biden administration that benefit from the broken status quo,” ABC said in a statement.

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ABC Urges EPA and Army Corps to Withdraw WOTUS Proposed Rule

On Feb. 7, ABC, as a member of the Waters Advocacy Coalition, filed comments on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers’ proposed rule to revise the definition of “waters of the United States” applicable to all Clean Water Act programs. The rule would repeal the Trump administration Navigable Waters Protection Rule and codify a definition that reflects the pre-2015 regulatory regime that the agencies are currently implementing. Raising numerous important concerns, the coalition urged the agencies to withdraw the proposed rule, reconsider the rule while addressing the coalition’s concerns and reengaging stakeholders, and repropose a rule that adheres to the CWA and relevant U.S. Supreme Court precedent.

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OSHA Withdraws COVID-19 Vaccination and Testing ETS

On Jan. 26, the U.S. Department of Labor’s Occupational Safety and Health Administration announced it is withdrawing its COVID-19 Vaccination and Testing Emergency Temporary Standard, which applied to employers with 100 or more employees. The withdrawal is effective Jan. 26.

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OSHA Increases Civil Monetary Penalties for Employers

On Jan. 14, pursuant to the Federal Civil Penalties Inflation Adjustment Act, the U.S. Department of Labor published a final rule to adjust for inflation the civil monetary penalties assessed or enforced by the department, including the Occupational Safety and Health Administration, for 2022. This final rule went into effect on Jan. 15, 2022. The increased penalty levels apply to any penalties assessed after the effective date of this rule.

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ABC Cheers Supreme Court OSHA COVID-19 Vaccination Mandate Ruling

On Jan. 13, ABC applauded the U.S. Supreme Court for reinstating the stay on the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome. The Supreme Court remanded the case to the 6th Circuit, which will consider the merits of the case.

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ABC Cheers Supreme Court OSHA COVID-19 Vaccination Mandate Ruling

On Jan. 13, ABC applauded the U.S. Supreme Court for reinstating the stay on the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees. On behalf of the construction industry, ABC filed one of the emergency appeals to the Supreme Court leading to this successful outcome.

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Reminder: Deadline for Electronically Submitting 2021 OSHA Form 300A Data Is March 2

On Jan. 5, the U.S. Department of Labor’s Occupational Safety and Health Administration issued a press release reminding certain employers that the administration began collecting calendar year 2021 Form 300A data on Jan. 2. The deadline to electronically submit the form is March 2.

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Enforcement of the OSHA COVID-19 Vaccination and Testing ETS Began Jan. 10

As of this writing, the Supreme Court has not yet issued a decision on the appeal to reinstitute a stay of the U.S. Department of Labor’s Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard, which applies to employers with 100 or more employees.

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COVID-19 Vaccination Mandates: Supreme Court to Hear ABC’s Challenge to OSHA ETS; CMS Mandate Enjoined in 25 States; Federal Contractor Mandate Injunction Upheld

Three different federal COVID-19 vaccination mandates issued under the Biden administration continue to be challenged in the courts. Read the important developments on the federal contractor, Centers for Medicaid and Medicare Services and Occupational Safety and Health Administration vaccination mandates.

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