On Oct. 15, the U.S. Department of Defense issued a final rule establishing its Cybersecurity Maturity Model Certification Program requiring federal contractors and subcontractors competing for DOD contracts to demonstrate continued compliance with a range of cybersecurity measures in order to maintain eligibility for performing and winning new federal awards.

Effective Jan. 1, 2025, the EO 14026 minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase from $17.20 to $17.75 per hour. This minimum wage rate will apply to nontipped and tipped employees alike.

Effective Jan. 1, 2024, the Corporate Transparency Act requires certain entities, including many small businesses, to report information about the individuals who ultimately own or control them (also known as “beneficial owners”) to the Financial Crimes Enforcement Network, a bureau of the U.S. Department of the Treasury.

On Sept. 30, ABC launched an important survey to obtain ABC member contractor feedback on OSHA’s Heat Injury and Illness Prevention in Indoor and Outdoor Settings proposed rule. OSHA’s proposed rule would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime and agriculture sectors where OSHA has jurisdiction and require employers to develop programs and implement controls to protect employees from heat hazards.

On Aug. 15, the U.S. Department of Defense issued a proposed rule, Assessing Contractor Implementation of Cybersecurity Requirements, which seeks to implement contractual requirements for DOD contracts related to the recently proposed Cybersecurity Maturity Model Certification 2.0 Program. As currently proposed, the rule raises serious concerns regarding a lack of clear definitions and flexibility for federal contractors on DOD projects.

On Sept. 4, ABC joined industry partners in filing an amicus brief with the U.S. Supreme Court in the case Seven County Infrastructure Coalition v. Eagle County, Colorado, as the court considers whether the National Environmental Policy Act requires that agencies consider environmental impacts beyond the immediate effects of their regulatory decision.

On Sept. 3, Associated Builders and Contractors joined 150 members of the Small Business & Entrepreneurship Council in a letter of support for H.R.9278, introduced by Rep. Zach Nunn, R-Iowa. This legislation would provide small businesses with an additional year to file the beneficial ownership information required by the U.S. Department of Treasury’s Financial Crimes Enforcement Network’s Corporate Transparency Act implementing regulation.

On Sept. 6, President Joe Biden signed Executive Order 14126 on Investing in America and Investing in American Workers, a new effort by the Biden-Harris administration to utilize federal policy to favor unions that is likely to undermine competition to build taxpayer-funded infrastructure projects.

In a win for ABC members, on Aug. 20, the U.S. District Court for the Northern District of Texas blocked the Federal Trade Commission from implementing its rule to ban noncompete agreements. The court found that the FTC lacked statutory authority to promulgate the rule and that the rule is arbitrary and capricious. This means the rule will not be enforced or otherwise take effect on Sept. 4, 2024. According to media reports, the FTC is considering appealing the decision. To learn more about the decision, read ABC’s general counsel Littler Mendelson’s analysis.

On Aug. 15, the U.S. Department of Defense issued a proposed rule, Assessing Contractor Implementation of Cybersecurity Requirements, which seeks to implement contractual requirements for DOD contracts related to the recently proposed Cybersecurity Maturity Model Certification 2.0 Program. Comments on the proposed rule are due Oct. 15.