The Biden administration recently released itsÌýFall 2023 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 and 2024. ÀÏÅ£Ó°ÊÓhasÌýprepared a summary of the actions of interest to ÀÏÅ£Ó°ÊÓmembers by agency.

Throughout 2023, the Biden administration has pushed to roll back Trump-era initiatives and institute new, pro-union policies that challenge ÀÏÅ£Ó°ÊÓmembers’ ability to win work. ÀÏÅ£Ó°ÊÓcontinues to fight against these proposed rules and regulations affecting merit shop contractors and advocate for open competition and free enterprise.

Reports indicate that not a single electric vehicle charging station has been constructed with the $7.5 billion in federal investment available through the Federal Highway Administration’s National Electric Vehicle Infrastructure Formula Program, threatening the Biden administration’s goal to build 500,000 EV chargers by 2030. The final rule implementing the NEVI Formula Program contained a number of ABC-opposed, union-favoring labor requirements that may be contributing to the program’s stagnation.

FHWA Releases Final Rule on Greenhouse Gas Emissions On Nov. 22, the Federal Highway Administration released its Greenhouse Gas Performance Measure final rule. The final rule requires that state departments of transportation and metropolitan planning organizations—the state entities responsible for transportation infrastructure construction and maintenance—must measure and report GHG emissions associated with transportation. Further, state DOTs and MPOs must set targets for reducing carbon dioxide emission and report on progress toward these targets.

Throughout 2023, ÀÏÅ£Ó°ÊÓhas been closely monitoring federal regulatory actions and updating ÀÏÅ£Ó°ÊÓmembers through the ÀÏÅ£Ó°ÊÓRegulatory Roundup. Several federal rules have gone into effect or are scheduled to go into effect in the near future.

On Nov. 16, the National Labor Relations Board extended the effective date of its final rule on Joint Employer Status Under the National Labor Relations Act from Dec. 26 to Feb. 26, 2024. The new standard will only be applied to cases filed after the rule becomes effective.

On Nov. 7, ÀÏÅ£Ó°ÊÓsubmittedÌýcommentsÌýto the U.S.ÌýDepartment of LaborÌýin response to aÌýproposed rulemakingÌýthat would alter overtime regulations under the Fair Labor Standards Act.

ÀÏÅ£Ó°ÊÓhas prepared a summary of Biden administration regulatory actions of interest to ÀÏÅ£Ó°ÊÓmembers by agency.

On Oct. 26, 2023, the National Labor Relations Board issued its final rule on Joint Employer Status Under the National Labor Relations Act. Effective Dec. 26, the final rule takes an ax to the ABC-supportedÌý2020ÌýNLRB joint employer final rule, which provided clear criteria for companies to apply when determining status. ÀÏÅ£Ó°ÊÓwill explore all options to push back on this harmful final rule, including possible litigation.

On Oct. 23, the U.S. Department of Labor’s final rule,ÌýUpdating the Davis-Bacon and Related Acts Regulations, officially took effect. The regulation imposes drastic revisions to previous rules regarding government-determinedÌýprevailing wage rates that must be paid to construction workers on federal and federally assisted construction projects funded by taxpayers.