On May 14, the Coalition for Workforce Innovation, ABC, ABC Southeast Texas Chapter and the Financial Services Institute filed an amended complaint challenging the U.S. Department of Labor’s unlawful withdrawal of the independent contractor rule. The Department’s hasty and unjustified action violates the Administrative Procedure Act, compounding a violation that began when the department improperly delayed the effective date of the rule in March.
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On May 10, ABC, as a steering committee member of the Construction Industry Safety Coalition, wrote to U.S. Department of Labor’s Occupational Safety and Health Administration urging it to review and revise its recently issued Frequently Asked Questions on whether employers must record adverse reactions caused by COVID-19 vaccinations that are required and/or recommended by employers.
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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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The U.S. Department of Labor’s Wage and Hour Division launched its Essential Workers – Essential Protections initiative to provide resources and offer information on common issues that employers and employees face during the COVID-19 pandemic.
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The U.S. Department of Labor’s Occupational Safety and Health Administration recently posted new Frequently Asked Questions on recording illnesses caused by required and recommended COVID-19 vaccinations.
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On April 12, ABC submitted comments in opposition to proposals from the U.S. Department of Labor’s Wage and Hour Division to rescind the Trump-era independent contractor and joint employer final rules.
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The U.S. Equal Employment Opportunity Commission announced that the 2019 and 2020 EEO-1 Component 1 data collection will open on Monday, April 26, 2021, and the deadline for filing this data will be Monday, July 19, 2021.
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On March 30, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs updated its Annual Vietnam Era Veterans’ Readjustment Assistance Act Benchmark Database to reflect a new hiring benchmark of 5.6%, which is effective March 31.
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On March 26, ABC, ABC’s Southeast Texas Chapter and the Coalition for Workforce Innovation filed suit against the U.S. Department of Labor regarding its delay and proposed withdrawal of the Trump DOL independent contractor final rule. The complaint alleges the Biden administration arbitrarily and without authority delayed the final rule from going into effect, depriving many contractors of clear and uniform guidance on the proper standard for compliance with the Fair Labor Standards Act.
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The Office of Federal Contract Compliance Programs has issued an amended Corporate Scheduling Announcement List for fiscal year 2020, which will help explain the requirements federal contractors need to follow to stay compliant as they work on federal and federally assisted projects.
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