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The Nov. 21 regulatory agenda from the Department of Labor outlines the agency’s plan to move forward with the controversial persuader rule and overtime requirements in addition to other important rules affecting the construction industry.

Here’s what you can expect to see from the DOL in 2015:

Persuader Rule 
What to Expect: DOL continues to list the controversial “persuader” rule on the regulatory agenda and plans to issue the final rule by July 2015

About the Proposal: The proposal would severely narrow long-standing reporting exemptions for employers and third-party experts, and redefines labor relations “advice.”  It will greatly restrict employers’ ability to receive third-party advice to educate their employees about collective bargaining. Actions that were previously considered privileged communications or advice would now carry onerous requirements for employers, attorneys and association staff.

Overtime Requirements
What to Expect: A proposal to implement the president’s directive, which will be issued by DOL’s Wage and Hour Division (WHD), is expected to be issued by February 2015.

About the Proposal: In March, President Obama issued a memorandum directing DOL to “modernize and streamline” overtime regulations for executive, administrative, and professional employees and has the potential to affect all employers covered under the Fair Labor Standards Act (FLSA), including the majority of construction contractors, subcontractors and suppliers.

While no details have been made public, DOL is believed to be considering an increase in the current overtime regulation’s salary threshold from $24,000 to $50,000. In addition, DOL will likely make significant changes to the current test used to determine whether an employee’s duties and responsibilities exempt him or her from overtime requirements.

‘Equal Opportunity’ in Apprenticeship
What to Expect: The Employment Training Administration (ETA) is aiming to release its ‘Equal Opportunity’ in apprenticeship proposal by December 2014

About the Proposal: DOL’s ETA plans to revise the equal employment opportunity regulatory framework for the National Apprenticeship Act. The proposal would revise the actions construction contractors are required to take to implement affirmative action programs in areas of recruitment, training and apprenticeship.  

Workforce Innovation and Opportunity Act (WIOA)
What to Expect: ETA plans to publish a proposed rule by January 2015

About the Proposal: DOL’s ETA plans to develop and issue a proposed rule that implements the changes the WIOA, signed into law July 22, makes to the public workforce system. ETA will propose ways to carry out WIOA to provide workforce investment activities through the use of state and local workforce development systems.