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Politics & Policy
US House Introduces Resolution Opposing DOL’s New Davis-Bacon Rule
ABC Slams OSHA’s Worker Walkaround Rule for Failing To Promote Workplace Health and Safety
State Off-Year Elections Deliver Losses To GOP Heading Into 2024
Safety
Utilize Resources and Trailing Indicators to Review and Improve Safety
Utilize Software To Achieve Your Safety Goals
OSHA Extends Comment Period on OSHA Walkaround Proposed Rule to Nov. 13
Events/Products/Programs
Nearly 350 ABC Leaders Gather in Washington for Annual Legislative Conference
ABC Members Rank Among ENR’s Top 400 Contractors
Trades Day: Industry Outreach Opportunity With Meaning
State/Local News
Ed Capodanno Honored by Delaware State Legislature
Election Update: ABC Staff and Members Elected in 2022
California Targets Workplace Cannabis Testing
Awards
Ben Houston Honored With Life Member Award
ABC Congratulates 30 Members Awarded DOL’s 2023 HIRE Vets Medallion
ABC Honors 3 New Applicants With the AQC Credential in October
Legislation
ABC-Supported Legislation To Overturn the Northern Long-Eared Bat’s Endangered Species Listing Heads to President Biden’s Desk
ABC Advocates for Solutions to Workforce Shortage at U.S. House Committee Roundtable
Smucker Introduces the ABC-Supported Main Street Tax Certainty Act
Regulations
ABC’s December Regulatory Roundup—Learn About the Latest Developments Affecting the Construction Industry
Reports: Zero Electric Vehicle Charging Stations Built Under NEVI Program Requiring Union Labor
FHWA Releases Final Rule on Greenhouse Gas Emissions
Workforce Development
Register Now for ABC’s Construction Inclusion Week Webinar Series
DOL High Road Workforce Development Program Map Snubs Nonunion Programs
LISTEN: How to Design an Effective Technology Adoption Strategy
On Nov. 7, ABC submitted comments to the U.S. Department of Labor in response to a proposed rulemaking that would alter overtime regulations under the Fair Labor Standards Act.
“ABC called on the DOL to withdraw the new proposed rule, which is unlawful, inconsistent with historic norms and will specifically harm small businesses,” said Ben Brubeck, ABC vice president of regulatory, labor and state affairs. “ABC has consistently told the DOL that there is no compelling reason for an adjustment to the minimum salary threshold for exemption since it was increased roughly four years ago. Most importantly, the DOL should recognize that the construction industry, as well as multiple other industries, is currently up against increased geopolitical uncertainty, high materials prices, inflationary pressures and workforce shortages. Specifically, ABC estimates that the construction industry needs to hire more than half a million workers in 2023 alone. Regrettably, the DOL’s proposed salary level increase will further complicate the current economic outlook.
“Virtually all of ABC’s members employ some workers who qualify for exempt status and the proposed rule will result in large numbers of employees being reclassified as nonexempt,” said Brubeck. “In fact, 63% of ABC members surveyed in October indicated that they would have to consider reclassifying employees as well as restructuring if the salary level is increased to $55,000 annually. This will have a disruptive effect on the construction industry as a whole, as the rule will greatly restrict employee workplace flexibility in setting schedules and hours and hurt career advancement opportunities for employees. Moreover, because the DOL proposes to automatically increase the salary level every three years, these issues will recur repeatedly.
“Additionally, the rule’s proposed significant increase in the salary threshold fails to account for disparate income levels in different regions of the country. This will be particularly true in rural parts of the country and in areas where the cost of living is significantly lower than average.”
The DOL expects the minimum salary threshold will increase to at least $55,068 (annualized) and projects the minimum salary threshold to be $60,209 (annualized) in the first quarter of 2024—an increase of nearly 70% from the current $35,568 salary level.
As a steering committee member of the Partnership to Protect Workplace Opportunity, ABC also signed onto coalition comments criticizing the overtime proposed rule, joining 244 national, state and local organizations representing employers from a wide range of private industry and public, nonprofit and education sectors.