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FTC to Host Public Forum Examining Proposed Rule to Ban Noncompete Clauses

On Feb. 2, the Federal Trade Commission announced it will host a public forum examining the FTC’s proposed rule to prohibit employers from imposing noncompetes on their workers. READ MORE
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Minimum Wage for Federal Contractors to Increase Jan. 1, 2022

On Sept. 15, the U.S. Department of Labor’s Wage and Hour Division announced the minimum wage for federal contractors will increase from $10.95 per hour to $11.25 per hour beginning Jan. 1, 2022.

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EPA, Corps Halt Implementation of Trump-era WOTUS Rule

The U.S. Environmental Protection Agency and Army Corps of Engineers recently announced they have halted implementation of the Navigable Waters Protection Rule nationwide and are reverting back to a definition of waters of the United States, or WOTUS, established in the 1980s. This announcement comes after a federal district court judge struck down the Trump administration’s final rule defining waters of the United States that are federally regulated under the Clean Water Act.

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Judge Overturns ABC-Supported Trump-Era WOTUS Rule

On Aug. 30, a U.S. District Court for the District of Arizona judge struck down the Trump administration’s final rule revising the definition of “waters of the United States” that are federally regulated under the Clean Water Act. As a member of the Waters Advocacy Coalition, ABC applauded the 2020 rule, known as the Navigable Waters Protection Rule, which provided four clear categories of waters under the CWA that businesses and landowners could easily understand. 

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Democrats Regain Majority on the NLRB

On Aug. 28, David M. Prouty was sworn in as a new Democratic member of the National Labor Relations Board for a term expiring on Aug. 27, 2026. Prouty replaces Republican member William Emanuel, whose term expired in August. Democrats now have a 3-2 majority, with Marvin Kaplan and John Ring serving as the two Republican members.

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OSHA Releases Updated COVID-19 Guide

On Aug. 2, the U.S. Department of Labor’s Occupational Safety and Health Administration’s Alliance program issued an updated guide containing COVID-19 guidance and resources for employers from a variety of agencies including the DOL, Centers for Disease Control and Prevention and the U.S. Food and Drug Administration. Additionally, the guide includes input from industry groups on best practices for COVID-19 safety in the workplace.

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SBA Creates Direct Forgiveness Portal for Eligible PPP Borrowers

Beginning Aug. 4, the U.S. Small Business Administration is launching a portal that will allow borrowers of certain Paycheck Protection Program loans to streamline the process of loan forgiveness by applying for forgiveness directly through the SBA.

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NLRB Finds Union Inflatables and Bannering Do Not Violate Federal Labor Law

On July 21, the National Labor Relations Board issued a decision in Lippert Components Inc. 371 NLRB No. 8 (2021), finding that a union did not violate the National Labor Relations Act through its use of inflatables and banners intended to target employers.

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Jennifer Abruzzo Sworn in as New NLRB General Counsel

On July 22, the National Labor Relations Board swore in Jennifer Abruzzo to serve as general counsel for a four-year term. This occurred after the U.S. Senate confirmed Abruzzo on July 21 by a vote of 51-50, with Vice President Kamala Harris casting the tie-breaking vote. Prior to her appointment, Abruzzo most recently served as Special Counsel for Strategic Initiatives for Communications Workers of America and as and a former acting general counsel for the NLRB in 2017.

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House Passes ABC-opposed Surface Transportation and Water Infrastructure Bill

On July 1, the U.S. House of Representatives passed H.R. 3684, the INVEST in America Act, by a vote of 221-201. H.R. 3684. This $715 billion surface transportation reauthorization and water infrastructure bill represents House Democrats’ attempt to reauthorize the expiring 2015 FAST Act and implement partisan, anti-merit shop priorities in infrastructure spending.

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Members of Congress Join ABC in Advocating for Fair and Open Competition

On June 28, eight members of the U.S. House Committee on Financial Services sent an ABC-supported letter to Secretary of the Treasury Janet Yellen expressing concerns about the department’s guidance on $350 billion worth of federal funding for state and local fiscal recovery allocated in the American Rescue Plan and the encouragement of project labor agreements on federally assisted water, sewer and broadband projects.

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