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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: Regulations

Regulations

ABC Slams U.S. DOL’s Withdrawal of Trump-era Independent Contractor Final Rule

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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President Biden Issues Executive Order to Raise the Minimum Wage to $15 for Federal Contractors

On April 27, President Joe Biden issued an executive order increasing the minimum wage for federal contractors, which would require federal contractors to pay a $15 minimum wage to workers working on or in connection with a federal government contract.

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ABC Applauds the Reintroduction of the BUILDER Act to Modernize NEPA

On April 14, Republicans in the U.S. House of Representatives, led by Rep. Garrett Graves (R-La.), reintroduced the Building U.S. Infrastructure Through Limited Delays & Efficient Reviews (BUILDER) Act, which would modernize the outdated National Environmental Policy Act) to make infrastructure project reviews more efficient, reduce project costs, spur economic recovery and rebuild America. The BUILDER Act has been reintroduced as a leading priority of ABC and Congressional Republicans as negotiations continue on Capitol Hill on forming significant infrastructure legislation.

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ABC Opposes DOL’s Proposals to Rescind Trump-era Independent Contractor and Joint Employer Rules

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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EEOC to Open EEO-1 Component 1 Data Collection for 2019 and 2020

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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OFCCP Announces Annual VEVRAA Hiring Benchmark

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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Biden Infrastructure Plan Rife With ABC-opposed Labor Policies

On March 31, the Biden administration released a more than $2 trillion infrastructure outline titled the “American Jobs Plan.” While the plan calls for federal spending over the next eight years to improve the nation’s infrastructure, including for transportation, broadband, energy, and drinking water, it also includes funding for schools and child-care facilities, affordable housing, workforce development and manufacturing.

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ABC Files Lawsuit Against DOL for Delaying the Trump Administration’s Independent Contractor Final Rule

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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SBA Releases New Paycheck Protection Program Guidance for 501(c)(6) Organizations Requested by ABC

On March 12, the U.S. Small Business Administration released new guidance that clarifies the Lobbying Disclosure Act definition of “lobbying” expenses and will be used to calculate the 15% thresholds for 501(c)(6) organizations receiving Paycheck Protection Program loans. Since December, ABC has advocated for the SBA to use the LDA in calculating lobbying activity and has continued to push the administration to release clear guidance on this critical issue for ABC and its chapters.

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ABC, Business Groups Call for Modernized Permitting Process Under NEPA

On March 2, ABC joined dozens of members of the Unlock American Investment Coalition in calling on Congress to improve and modernize the federal permitting process under the National Environmental Policy Act.

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