On Nov. 22, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s (DOL) burdensome and costly overtime final rule. The rule would have changed the federal exemptions to overtime pay under the Fair Labor Standards Act for administrative, executive and professional employees, the so—called "white collar" worker classifications that have long been exempt from time-and-one-half pay for working more than 40 hours per week. The new rule will not go into effect without further action from the court.

WASHINGTON, D.C., Nov. 16– Associated Builders and Contractors (ABC) today welcomed news that the U.S. District Court for the Northern District of Texas has permanently blocked the U.S. Department of Labor’s (DOL) “persuader rule,” officially named the "Interpretation  of  the  ‘Advice’  Exemption  in  Section  203(c)  of  the  Labor-Management  Reporting  and  Disclosure  Act." In finding the rule unlawful, the District Court has maintained employers’ right to obtain advice from labor rel

ABC and a coalition of business groups filed suit against the U.S. Department of Labor (DOL) Wage and Hour Division’s costly and burdensome final overtime rule on Sept. 20. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas.

ABC reiterated its opposition to the Department of Labor’s (DOL) “persuader rule” ahead of the April 27 U.S. House Committee on Education and the Workforce Subcommittee on Health, Education, Labor, and Pensions hearing on how the newly finalized regulation limits employers’ rights and undermines the right of workers to make informed decisions in union elections. The final rule, issued March 23, redefines “persuader” activity under the Labor Management Reporting and Disclosure Act (LMRDA) and triggers expanded reporting requirements for employers and their attorneys. 

The U.S. Department of Labor (DOL) released its latest regulatory agenda on Nov. 20. The agenda lists the priorities of the administration and the rulemakings they expect to release in 2016, their final year. An update on rulemakings affecting the construction industry is below.

ABC reiterated its opposition to the Department of Labor’s (DOL) one-size-fits-all overtime proposal ahead of the Oct. 8 U.S. House of Representatives Small Business Committee  Subcommittee on Investigations, Oversight and Regulations hearing on how the proposed regulation would impact small business owners and their employees. The proposed rule, which was issued July 6, makes changes to existing regulations under the Fair Labor Standards Act (FLSA) that define which employees are exempt from overtime pay.

Beginning Jan. 1, 2016, the minimum wage for workers on covered federal contracts and service contracts will increase to $10.15 per hour from $10.10 per hour in 2015. The increase is dictated by the Oct. 7, 2014, Department of Labor’s Wage and Hour Division final rule that implemented Executive Order 13658.

On Sept. 10, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its final rule prohibiting federal contractors and subcontractors from terminating or otherwise discriminating against employees who discuss their compensation with co-workers or job applicants. This rule implements the Obama administration’s Equal Pay initiative under Executive Order 13665 and will take effect on Jan. 11, 2016.

ABC and more than 900 members submitted comments in opposition to the U.S. Department of Labor (DOL), Wage and Hour Division’s July 6 Proposed Regulations for Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. If enacted, the proposal, commonly referred to as “the overtime proposal,” would more than double the minimum salary for the white collar overtime exemption and would automatically update the salary levels on an annual basis.

The U.S. Department of Labor (DOL) released new guidance July 15 related to employers’ use of independent contractors. In the Administrator’s Interpretation and an accompanying blog post, Wage and Hour Division Administrator Dr. David Weil laments the “problematic trend” of deliberate misclassification, and considers the guidance part of a “multi-pronged approach” to combat the phenomenon.

Republican leaders of three congressional committees sent a letter July 15 to the U.S. Department of Labor (DOL), the Federal Acquisition Regulatory (FAR) Council, and other Obama administration officials, requesting that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order 13673 (known as the Blacklisting EO) be withdrawn. This letter was sent a few days after the DOL and the FAR Council announced a two-week extension of the notice and comment period for the Blacklisting proposal to August 11.  

At the direction of President Obama, the U.S. Department of Labor (DOL) issued a proposed rule on June 30, that would change federal overtime exemptions for administrative, executive, professional, and computer professional employees—the so-called "white collar" worker classifications that have long been exempt from being paid time-and-one-half for working hours over 40 per week.  

The U.S. Department of Labor (DOL) regulatory agenda was released on May 21 and lists the priorities of the administration and the rulemakings they expect to release this year. The most recent agenda focuses on overtime requirements, the persuader rule and more. 

As part of a coalition, ABC submitted comments June 15 to the U.S. Department of Labor (DOL) and U.S. Department of Education (DOE) on proposed rules for the implementation of the Workforce Innovation and Opportunity Act (WIOA). ABC and the coalition offered its input in a number of areas where the public workforce system under WIOA can be better aligned with the needs of employers.

The Federal Acquisition Regulatory (FAR) Council released a proposed rule and the U.S. Department of Labor (DOL) issued proposed guidance May 27, as directed by President Obama’s July 31, 2014, sweeping “blacklisting” Executive Order 13673 targeting the federal contracting community.

ABC submitted comments on Jan. 5 to the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) expressing their strong opposition to the proposed rule that would require government contractors to report summary data on employee compensation to the DOL. ABC urges the OFCCP to withdraw their proposal.

The Coalition for a Democratic Workplace (CDW) filed a lawsuit Jan. 5 seeking to overturn the National Labor Relations Board’s (NLRB) controversial ambush election rule. The changes are scheduled to take effect April 14 unless a court or Congress blocks enforcement of the new rule. The suit was filed in the D.C. Federal District Court and follows CDW’s successful 2012 lawsuit that overturned the NLRB’s previous ambush election rule. 

The DOL’s Office of Federal Contract Compliance Programs (OFCCP) issued a final rule Dec. 9 implementing Executive Order 11246, which prohibits federal contractors from discriminating against lesbian, gay, bisexual, and transgender (LGBT) employees and prohibits discrimination based on gender identity in federal employment.

In addition to the OSHA and federal contracting regulations, the latest regulatory agenda, released Nov. 21, outlines the Department of Labor’s (DOL) plan to move forward with the controversial persuader rule and overtime requirements among other important rules affecting the construction industry.

Federal Contractors should be on the lookout for a number of items listed in the latest regulatory agenda, released Nov. 21, which lists the priorities of the administration and the rulemakings they expect to release this year. 

ABC and 19 other business trade groups, sent a letter on Nov. 6 requesting that President Obama withdraw the “Fair Pay and Safe Workplaces” Executive Order (E.O.). The letter, sent to U.S. Department of Labor (DOL) Secretary Thomas Perez and Assistant to the President and Director of the Domestic Policy Council Cecilia Muñoz, outlines ABC’s concerns that the E.O. dramatically changes the enforcement mechanisms carefully put in place by Congress and needlessly adds uncertainty, subjectivity and onerous and costly new data collection and reporting requirements for federal contractors. 

ABC strongly opposed a new executive order (EO) that will harm federal contractors, taxpayers and government procurement officials at an Oct. 13, 2014, White House listening session with major employer association representatives, businesses and Obama administration officials.

On Oct. 7, the U.S. Department of Labor (DOL) Wage and Hour Division issued a final rule to implement Executive Order 13658, which would establish an hourly minimum wage of $10.10 for workers performing on covered federal construction and service contracts. 

On September 25 the U.S. Department of Labor’s Veterans' Employment and Training Service issued a final rule that changed the reporting requirements for federal contractors and subcontractors who hire and employ veterans under provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

The Obama administration has recently issued several heavy-handed executive actions that affect the federal contracting community, particularly the construction industry. These actions cover everything from potential blacklisting to super-minimum wage to overtime.