Newsline

DOT Releases Final Rule Imposing Union Labor Requirements on Electric Vehicle Charging Station Installation

On Feb. 15, the U.S. Department of Transportation’s Federal Highway Administration released its final rule establishing the National Electric Vehicle Infrastructure Formula Program.

OMB Issues Proposed Rule To Implement Buy America Requirements

On Feb. 9, the Office of Management and Budget released a proposed rule to revise OMB’s Guidance for Grants and Agreements. This guidance defines the rules for federal agencies as they distribute funding through grant programs. The revisions would aid implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act.

ABC Opposes FAR Council’s Proposed Greenhouse Gas Emissions Disclosures and Reductions Mandate

On Feb. 13, ABC submitted comments to the Federal Acquisition Regulatory Council regarding a proposed rule to amend the Federal Acquisition Regulation to require certain federal contractors to disclose their greenhouse gas emissions and set GHG emissions reduction targets.

CDW Files Amicus Briefs in Tesla, Starbucks Cases Regarding Dress Code Policies and Employer Speech Rights

On Feb. 8, the ABC-led Coalition for a Democratic Workplace filed an amicus brief in a case against Starbucks that is currently before the National Labor Relations Board, condemning the NLRB general counsel’s efforts to eliminate employer speech rights in union organizing drives as well as employees’ right to secret ballots in union representation elections. On Feb. 9, the CDW and four employer organizations filed an amicus brief before the U.S. Court of Appeals for the 5th Circuit in a case against Tesla over facially neutral dress code policies.

WHD Issues Guidance on Telework Under FLSA and FMLA

On Feb. 9, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-1, “Telework Under the Fair Labor Standards Act and Family and Medical Leave Act,” which provides guidance to WHD field staff on how to ensure teleworking employees are properly paid and protected under the FLSA and how to apply eligibility rules under the FMLA.

OSHA To Withdraw Proposal To Reconsider and Revoke Final Approval of Arizona’s State OSHA Plan

On Feb. 14, the U.S. Department of Labor’s Occupational Safety and Health Administration announced it will withdraw its proposal to reconsider and revoke final approval of Arizona’s state plan for occupational safety and health. As a result, the state’s plan will remain in place.

DOL Announces Virtual Seminars on Prevailing Wage Compliance

The U.S. Department of Labor’s Wage and Hour Division recently announced a series of virtual compliance seminars to provide information on prevailing wage requirements for federally funded construction and service contracts. The seminars will include video trainings with corresponding virtual question and answer sessions.

Take Action: ABC Member Feedback Requested on H-2B Visa Fee Increases

On Jan. 4, the U.S. Department of Homeland Security issued a proposed rule that would increase certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services. ABC is working with the H-2B Coalition to highlight the burden this proposal will place on contractors and other businesses that rely on critical visa programs to support their workforce needs and file comments, which are due on March 6.

OSHA Promotes Safety and Health Resources on Workplace Stress

The U.S. Department of Labor’s Occupational Safety and Health Administration is promoting its Workplace Stress Safety and Health Topics page as a resource to help support workforce mental well-being. The webpage offers guidance to employers on how they can alleviate stress and shares outreach materials, including posters, with tips on how employers and workers can work together to address stress and mental health in the workplace.

Engage Your Workforce and Create a Culture of Safety Through Clearly Communicated, Relevant Rules

Safety rules affect safety culture. Seeking workforce input on procedures is vital to creating that culture, as a key component to ensure safety goals are attained is workforce engagement. When developing or updating a safety program, you must ask your team for input, suggestions and feedback to ensure buy-in, understanding and adherence. Learn how to communicate both universal and situational safety rules and policies.

Federal Agencies Take Actions Aimed at Reducing Construction Emissions

Recently, federal agencies have taken a number of actions aimed at reducing greenhouse gas emissions in the construction industry. ABC continues to track these initiatives while participating in the regulatory process to ensure that the need to protect our environment is accomplished without imposing unnecessarily costly and burdensome requirements on the construction industry. 

ABC Opposes NLRB Representation-Case Procedures Proposed Rule

On Feb. 2, ABC submitted comments to the National Labor Relations Board opposing its proposed rule on Representation-Case Procedures, which addresses election-blocking charges, voluntary recognition and construction industry bargaining relationships. The proposal rescinds the ABC-supported 2020 NLRB final rule, which was intended to “better protect employees’ statutory right of free choice on questions concerning representation.”

FTC to Host Public Forum Examining Proposed Rule to Ban Noncompete Clauses

On Feb. 2, the Federal Trade Commission announced it will host a public forum examining the FTC’s proposed rule to prohibit employers from imposing noncompetes on their workers.

STEP by STEP: Tips for a Successful Safety Program From ABC's Team of Safety Professionals

Planning for a successful safety program starts with setting goals, implementing proper recordkeeping procedures and ensuring documentation is correct. ABC's STEP Safety Management System provides the framework to drive improvements in construction safety programs through recordkeeping and benchmarking in 25 key components. Discover four helpful tips for submitting OSHA incident data. 

US Department of Defense: Contractors Must Prepare for New Cybersecurity Regulations

In response to the Defense Industrial Base becoming the target of more frequent and complex cyberattacks from foreign and independent bad actors, the U.S. Department of Defense is expected to release new cybersecurity regulations in 2023 designed to enforce protection of sensitive federal contract information and controlled unclassified information that is shared by the DOD with its contractors and subcontractors, including general contractors and subcontractors performing DOD contracts for construction services.

ABC-Supported Bill Would Prevent Vaccination Mandate for Health Facility Contractors

On Jan. 31, the U.S. House of Representatives passed H.R. 497, the Freedom for Health Care Workers Act, by a bipartisan vote of 227-203. ABC supported the legislation, which would eliminate the Biden administration’s COVID-19 vaccination mandate on health care workers and repeal the Centers for Medicare & Medicaid Services health care staff vaccination rule that continues to affect ABC members who perform construction work at health care facilities. ABC provided a statement in support of the bill ahead of passage.

ABC Supports Reintroduced REINS Act To Reduce Red Tape

The Regulations from the Executive In Need of Scrutiny Act of 2023, or REINS Act, was recently reintroduced to the U.S. House of Representatives by Rep. Kat Cammack (R-Fla.). The bill, which would require every new “major rule” proposed by federal agencies to be approved by both the House and U.S. Senate before going into effect, currently has 179 Republican co-sponsors.

EPA To Host Webinars, Accept Written Feedback on IRA Greenhouse Gas Emissions Programs for Construction Materials and Products

On Jan. 19, the U.S. Environmental Protection Agency announced opportunities for public input on new programs funded by the Inflation Reduction Act that affect states, developers and builders. The IRA, opposed by ABC, was signed into law on Aug. 16, 2022.

OSHA Offers Webinar on Recordkeeping Requirements and Injury Tracking Application

Representatives from the Occupational Safety and Health Administration are hosting a webinar on Thursday, Feb. 2, from 10 a.m. to 12 p.m. ET, to give an overview of the agency’s recordkeeping requirements and Injury Tracking Application.

ABC Urges FTC to Extend Comment Deadline to Proposed Rule Banning Noncompete Agreements

On Jan. 31, 100 organizations, including ABC, signed a letter urging the Federal Trade Commission to extend the comment period for its proposed rulemaking on banning noncompete agreements for an additional 60 days. The groups argued that the regulated community should be given sufficient time to assess the potential consequences of the rulemaking and develop insightful comments for the FTC to consider. Currently, comments on the proposed rule are due by March 20 through regulations.gov.

Reminder: Deadline for Electronically Submitting 2022 OSHA Form 300A Data Is March 2

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.  

NLRB General Counsel Applauds DHS’s Process Enhancements for Supporting Labor Law Enforcement Investigations

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.”

FTC Releases Restrictive Proposed Rule Banning Noncompete Agreements

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.

OSHA Increases Civil Monetary Penalties for Employers

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.

Total Human Health Debuts in 2023 as 26th Key Component of STEP Safety Management System

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.

Final Rule Revising Davis-Bacon Regulations Arrives at OMB

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.

Roundup: ABC Fights the Biden Administration’s Anti-Merit Shop Regulations

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.

Biden Administration Releases Long-Awaited 2022 Fall Regulatory Agenda

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. 

NDAA Progresses Without ABC-Opposed Labor Provisions

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.

ABC Opposes DOL’s Independent Contractor Proposed Rule

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.”

ABC Urges NLRB to Withdraw Joint Employer Proposed Rule

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.

Take Action: Oppose the DOL’s Disruptive Independent Contractor Proposal!

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.

Treasury and IRS Release Unclear Guidance on IRA Tax Credits, Davis-Bacon and Apprenticeship Requirements

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.

FAR Council Proposes Rule Requiring Emissions Disclosures and Reductions for Federal Contractors

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.

ABC Submits Comments Supporting DOT Buy America Waivers

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.

NLRB Extends Comment Deadline for Representation-Case Procedures Proposed Rule

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.

Election Update: ABC Staff and Members Elected in 2022

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.

House Approves Measure To Avoid Freight Rail Strike, Backs Paid Leave Resolution

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.

IIJA Buy America Rules Now in Effect; DOT Proposes New Waivers

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.

Tell the NLRB To Abandon Its New Radical Joint Employer Rule

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.

ABC Calls on Supreme Court to Reverse Intentional Destruction of Employer Property Case

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.

ABC Opposes New NLRB Representation Case Procedures Proposed Rule

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.”

ABC Fights for Merit Shop Priorities in Midterms: FEA Spends $2.7M; ABC PAC Spends $1.6M

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.

ABC-Led Coalition Requests Extension on IRS/Treasury Davis-Bacon and Registered Apprenticeship Mandates

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.

ABC Opposes GSA Final Rule Allowing Union Organizing of Contractors on Federal Property

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.

SBA to Hold Virtual Roundtable on DOL Independent Contractor Proposal

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.

Survey Closes Oct. 31: Treasury and IRS Request Comments on IRA Davis-Bacon and Apprenticeship Requirements

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.

ABC Participates in SBA Roundtable and Expresses Concerns About NLRB’s Joint Employer Proposal

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.

DOL Extends Comment Period to December for Independent Contractor Proposal

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.

ABC, Lawmakers and Industry Groups Call on President Biden to Withdraw His Inflationary PLA Mandate Policies

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.