On Jan. 9, the U.S. Department of Labor’s Occupational Safety and Health Administration issued a press release reminding certain employers that the deadline to submit the calendar year 2022 Form 300A is March 2.
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On Jan. 13, the U.S. Department of Homeland Security announced a process for labor and employment agency-related requests for deferred action. According to the DHS press release, “Noncitizen workers who are victims of, or witnesses to, the violation of labor rights, can now access a streamlined and expedited deferred action request process.”
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On Jan. 5, 2023, the Federal Trade Commission issued a proposed rule that would ban all noncompete agreements with limited exceptions. ABC will be commenting in opposition to the proposed rule, which is overly restrictive on well-established and reasonable business practices of the construction industry. Comments on the proposed rule are due by March 20 through regulations.gov.
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On Jan. 13, pursuant to the Federal Civil Penalties Inflation Adjustment Act, the U.S. Department of Labor published a final rule increasing the civil monetary penalties for 2023 based on cost-of-living adjustments. The final rule went into effect on Jan. 17, 2023.
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The ABC National Health and Safety Committee, along with input from subject matter experts in mental health, suicide and addiction, completed the development of a Total Human Health key component that will give companies a new metric on which to benchmark their safety programs.
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On Dec. 16, 2022, the U.S. Department of Labor sent its final rule updating Davis-Bacon and Related Acts prevailing wage regulations to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The content of the final rule is expected to be publicized in February 2023 or later, but will likely align closely with the DOL’s proposed rule. The review at the OIRA is usually the final step in the process before a rule is officially published in the Federal Register.
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During the last year, the Biden administration pushed to roll back Trump-era initiatives and institute new, pro-union policies that challenge our members’ ability to win work. ABC fought against these proposed rules and regulations affecting merit shop contractors and advocated for open competition and free enterprise.
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On Jan. 4, the Biden administration released its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish in 2023. It also includes deadlines from 2022 that were missed. ABC has prepared a summary of the actions of interest to ABC members by agency.
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On Thursday, the U.S. House of Representatives passed the National Defense Authorization Act (H.R. 778), setting the table for its U.S. Senate passage this week.
Notably, the NDAA does not include ABC-opposed provisions from a House-passed version of the bill that would have debarred federal contractors for Fair Labor Standards Act and National Labor Relations Act violations, established restrictive local workforce requirements for federal contractors on military construction projects and implemented a preference for unionized federal contractors performing U.S. Department of Defense contracts.
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On Dec. 13, ABC submitted comments opposing the U.S. Department of Labor’s independent contractor proposed rule, which eliminates the ABC-supported 2021 final rule’s emphasis on two “core” factors—a worker’s control over their work and their opportunity for profit or loss, both of which are paramount in making an independent contractor determination. Instead, the department’s approach is to restore a “totality-of-the circumstances” analysis of the “economic reality test.”
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On Dec. 7, ABC submitted comments to the National Labor Relations Board urging the board to withdraw the new proposed joint employer rule and retain the current 2020 NLRB final rule, which provides clear criteria for companies to apply when determining status. In the comments, ABC argued that the new proposed rule will cause great confusion and uncertainty among construction contractors, specifically small business owners. More than 11,000 comments were submitted to the docket.
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On Oct. 11, the U.S. Department of Labor announced a new proposal to rescind and replace a commonsense, ABC-supported 2021 final rule on independent contractors. The proposed rule would unnecessarily complicate the test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act, which would cause confusion, increased litigation and additional administrative burdens for contractors.
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On Nov. 30, the U.S. Treasury Department and Internal Revenue Service released guidance regarding tax credits for private clean energy projects funded by the Inflation Reduction Act conditioned on compliance with prevailing wage and government-registered apprenticeship requirements. Treasury and the IRS also released FAQs to provide additional information on the prevailing wage and apprenticeship requirements.
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On Nov. 14, the Federal Acquisition Regulatory Council issued a proposed rule to amend the Federal Acquisition Regulation to require certain federal contractors to disclose their greenhouse gas emissions and set GHG emission reduction targets.
Under the proposed rule, federal contractors who qualify as significant contractors, (those receiving between $7.5 million and $50 million in federal contracting obligations in the prior fiscal year) would be required to inventory their annual GHG emissions and disclose this information to the federal government.
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The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements are now in effect for most federally funded infrastructure projects. The DOT proposed two narrower waivers that will exempt a limited number of projects from these requirements.
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On Nov. 22, the ABC-led Coalition for a Democratic Workplace requested that the National Labor Relations Board issue a 30-day extension to the comment period for the board’s new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. On Nov. 29, the NLRB announced it is extending the comment deadline from Jan. 3 to Feb. 2, 2023. ABC will be filing comments opposing the proposed rule.
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With essentially all House races called, Republicans are on pace to hold the House majority by approximately the same margin that Democrats enjoyed in the 117th Congress—around five seats. On the heels of Democrat John Fetterman’s defeat of Dr. Mehmet Oz, Republican, to flip retiring Republican Sen. Pat Toomey’s seat in Pennsylvania, Democrats will return to the Senate majority.
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Tuesday, November 29, 2022 3:12 PM |
ABC News
On Nov. 30, the U.S. House of Representatives voted in favor of legislation to end a labor standoff that threatened a stoppage of rail service and a labor strike that would have a significant impact on the U.S. economy and lead to further inflationary pressure. Lawmakers voted 290-137 on H.J. Res. 100 to use their authority in the Railway Labor Act to force the adoption of the National Tentative Agreement reached in September. The House also approved H. Con. Res. 119 by a vote of 221-207, which would provide seven days of paid sick leave for the rail workers covered in the agreement.
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The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements are now in effect for most federally funded infrastructure projects. The DOT proposed two narrower waivers that will exempt a limited number of projects from these requirements.
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The ABC-led Coalition for a Democratic Workplace has created a grassroots toolkit to tell the National Labor Relations Board to abandon its radical joint employer proposed rule. The toolkit provides an explanation of the rulemaking and a ready-to-send letter to the NLRB explaining why the new joint employer standard would be disastrous. Take action now before the Dec. 7 comment deadline! ABC will also be submitting comments opposing the new rule.
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On Nov. 8, ABC joined the Coalition for a Democratic Workplace and six other employer organizations in filing an amicus brief before the U.S. Supreme Court to request that the court reverse the judgment of the Washington Supreme Court in Glacier Northwest, Inc v. International Brotherhood of Teamsters. The Washington Supreme Court’s decision stated that the National Labor Relations Board preempts state tort suits, allowing unions and their supporters to intentionally destroy an employer’s property while claiming to be engaged in protected concerted activity.
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On Nov. 3, the National Labor Relations Board issued a new notice of proposed rulemaking addressing election-blocking charges, voluntary recognition and construction industry bargaining relationships. The proposal rescinds the ABC-supported 2020 NLRB final rule, which would “better protect employees’ statutory right of free choice on questions concerning representation.”
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Since August, ABC’s Free Enterprise Alliance has spent $2.7 million on get-out-the-vote campaigns and—separately—issue advocacy. Additionally, ABC PAC raised $1.7 million and contributed $1.6 million directly to federal candidates that believe in free enterprise and open competition, placing ABC among the most politically active trade associations in the nation over the 2021-2022 election cycle.
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On Oct. 31, an ABC-led coalition of 22 construction and energy groups sent a letter to the U.S. Department of the Treasury and Internal Revenue Service requesting a 60-day extension of the Nov. 4 deadline in response to their request for comments regarding implementation of the Inflation Reduction Act. Specifically, the agencies requested comments on Davis-Bacon and government-registered apprenticeship requirements for applicable clean energy construction projects. A previous extension request by ABC has received no response.
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On Nov. 1, ABC submitted comments opposing the General Services Administration’s Sept. 2 final rule to allow unions access to federal property for the purpose of soliciting membership from the employees of federal contractors. Previously, these activities were barred by a general prohibition on soliciting, posting and distributing materials in or on federal property controlled by the GSA.
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On Oct. 25, the U.S. Small Business Administration Office of Advocacy announced that it is hosting a virtual roundtable to gather input from small businesses on the U.S. Department of Labor’s new independent contractor proposed rule on Wednesday, Nov. 9, from 3-5 p.m. ET. ABC plans to participate in the roundtable. ABC members interested in attending are encouraged to RSVP to [email protected] to receive participation details.
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On Oct. 5, 2022, the U.S. Department of Treasury and Internal Revenue Service issued a request for comments regarding implementation of the Inflation Reduction Act, notably on Davis-Bacon and apprenticeship requirements. The legislation, opposed by ABC, was signed into law on Aug. 16, 2022, and provides over $369 billion in tax credits for the construction of solar, wind, hydrogen, carbon sequestration, electric vehicle charging stations and other clean energy projects.
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On Oct. 20, ABC participated in the U.S. Small Business Administration’s Office of Advocacy virtual roundtable on the National Labor Relations Board joint employer proposed rule. ABC expressed disappointment that the NLRB is once again revising its standard for determining joint-employer status, which will cause great confusion among construction contractors, specifically small business owners.
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On Oct. 25, the U.S. Department of Labor’s Wage and Hour Division announced it is extending the comment deadline on the ABC-opposed independent contractor proposed rule from Nov. 28 to Dec. 13 in order to allow sufficient time for parties to file initial comments.
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Associated Builders and Contractors has submitted more than 40 pages of comments to the Federal Acquisition Regulatory Council calling on the Biden administration to withdraw a controversial proposed rule that would require anti-competitive and inflationary project labor agreements on federal construction contracts of $35 million or more.
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On Oct. 13, ABC submitted a comment letter the U.S Department of Labor’s Office of Management and Labor Standards regarding its proposed revisions to the LM-10 Employer Report form. Employers must file this form with the OLMS to disclose certain payments, expenditures, agreements and arrangements, including the hiring of outside labor relations consultants to help inform their employees regarding union organizing or collective bargaining, known as “persuader activities.”
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Wednesday, October 19, 2022 11:22 AM |
ABC News
On Oct. 17, ABC joined Associated General Contractors of America, the Independent Electrical Contractors and the National Association of Home Builders in sending a letter to President Biden to express serious concerns about severe shortages in the supply of transformers and other electrical components.
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In a press release issued on Oct. 14, the National Labor Relations Board announced it is extending the comment deadline on the joint employer proposed rule from Nov. 7 to Dec. 7 in order to allow sufficient time for parties to file initial comments.
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The Free Enterprise Alliance, ABC’s issue advocacy arm, has already spent upward of a million dollars in 12 states to educate elected officials and the public about the importance of fair and open competition, with plans to more than double that amount ahead of November midterm elections. The advocacy campaigns, which include digital ads on multiple platforms, mailers and text messages, focus on key legislative issues: the ABC-opposed Inflation Reduction Act and the Protecting the Right to Organize Act.
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Tuesday, October 18, 2022 12:43 PM |
ABC News
ABC members are in the top rankings of the nation’s largest health care and apartment/condominium contractors for 2022, according to Building Design + Construction’s 2022 Giants 400 Report.
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An ABC-led coalition of almost 20 organizations and associations representing thousands of companies employing millions of workers in the construction industry submitted a comment letter in opposition to the Federal Acquisition Regulatory Council’s Aug. 19 proposed rule implementing President Biden’s Feb. 4 Executive Order 14063.
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On Oct. 6, the U.S. Small Business Administration’s Office of Advocacy announced that it is hosting a virtual roundtable to gather input from small businesses on the National Labor Relations Board’s joint employer proposed rule on Thursday, Oct. 20, from 1-2:30 p.m. ET. ABC plans to participate in the roundtable. ABC members interested in attending are encouraged to RSVP to [email protected] to receive participation details.
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ABC has updated an action alert to help members tell the Federal Acquisition Regulatory Council to withdraw a controversial proposed rule opposed by ABC that would require project labor agreements on federal construction contracts of $35 million or more.
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Wednesday, October 12, 2022 10:02 AM |
ABC News
Earlier this month, the state of Florida was hit with the Category 4 Hurricane Ian, one of the strongest systems in U.S. history. Damages are expected to range from $60 to $70 billion.
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The AQC program recognizes and honors construction firms that document their commitment to excellence in key areas of corporate responsibility: quality, safety, craft and management education, talent management—including inclusion, diversity and equity— and community relations. A company that meets the criteria set forth in the program and has earned STEP Gold, Platinum or Diamond status in ABC’s safety management system is formally designated an Accredited Quality Contractor.
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Wednesday, October 5, 2022 1:04 PM |
ABC News,
Legislation,
Regulations,
Workforce Development,
GA-PLAs,
GA - Union Organizing,
GA-PLAs-Federal,
GA-PLAs-State & Local,
Ga-PLAs-Federal-Legislation
On Sept. 29, the U.S. House Committee on Transportation and Infrastructure held a hearing, “Investing in our Nation’s Transportation Infrastructure and Workers: Why it Matters,” which covered the impacts of the American Rescue Plan Act of 2021, the Infrastructure Investment and Jobs Act of 2021 and the Inflation Reduction Act of 2022.
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On Oct. 4, the General Services Administration released a Request for Information regarding the Biden administration’s “Buy Clean” initiative. The initiative calls for federal agencies to prioritize the use of American-made, lower-carbon construction materials in federal procurement as well as federally assisted projects.
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ABC recently updated an action alert to help members tell the Federal Acquisition Regulatory Council to withdraw a controversial proposed rule opposed by ABC that would require project labor agreements on federal construction contracts of $35 million or more.
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On Oct. 3, the U.S. Supreme Court announced it will hear the case Glacier Northwest, Inc v. International Brotherhood of Teamsters, which will determine if employers can sue unions over damage to their property.
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On Sept. 29, ABC joined the Coalition for a Democratic Workplace and several other organizations in urging the National Labor Relations Board to extend the comment period for the joint employer proposed rulemaking.
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On Sept. 28, after failing to secure the support of at least 59 of his Senate colleagues, Sen. Joe Manchin, D-W.Va., requested that his efforts to attach language on federal permitting reform for energy projects be removed from the must-pass continuing resolution, ensuring smooth passage of a government funding bill ahead of the Sept. 30 deadline.
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The Small Business Administration’s Office of Advocacy will host a roundtable to discuss the Federal Acquisition Regulatory Council’s proposed rule that would require federal contractors and their subcontractors to enter into project labor agreements for federal construction projects of $35 million or more. The virtual roundtable will take place on Thursday, Sept. 29, 2022, from 1-2 p.m. ET. ABC encourages all federal contractors and subcontractors to participate to make their voices heard on this critical issue.
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According to a September 2022 survey of ABC contractor members published today, 98% oppose President Biden’s proposed rule mandating project labor agreements on federal construction projects of $35 million or more. PLA schemes needlessly increase costs and exacerbate the construction industry’s skilled labor shortage because they exclude almost nine out of 10 workers from participating in these contracts.
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ABC recently released a new action alert to help members tell the Federal Acquisition Regulatory Council to withdraw a controversial proposed rule opposed by ABC that would require project labor agreements on federal construction contracts of $35 million or more.
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An important survey of ABC contractor members seeking to gauge opinions and experiences with government-mandated project labor agreements closes this week. It is vital that as many ABC members as possible respond to the survey before the deadline. Member feedback will provide essential support for ABC’s comments opposing the Biden administration’s harmful proposed rule that requires PLAs on all federal contracts of $35 million or more.
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