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Throughout 2023, 老牛影视has been closely monitoring federal regulatory actions and updating 老牛影视members through the 老牛影视Regulatory Roundup. Several federal rules have gone into effect or are scheduled to go into effect in the near future.

See the below list to learn more about important compliance dates.听

NLRB鈥檚 Joint Employer Final Rule

On Oct. 27, the National Labor Relations Board published its final rule on听, which takes an ax to the听ABC-supported听2020听NLRB joint employer final rule, which provided clear criteria for companies to apply when determining status.听On Nov. 16, the NLRB听听the effective date of its final rule from Dec. 26 to Feb. 26, 2024. The new standard will only be applied to cases filed after the rule becomes effective.

On Nov. 9,听老牛影视joined the U.S. Chamber of Commerce and a coalition of business groups in challenging the NLRB鈥檚 Joint Employer Final Rule for violating the National Labor Relations Act and for acting arbitrarily and capriciously in violation of the Administrative Procedure Act.听Read more about the final rule.

OSHA鈥檚 Improve Tracking of Workplace Injuries and Illnesses Final Rule

On July 21, 2023, the U.S. Department of Labor鈥檚 Occupational Safety and Health Administration issued its听, which will undo the ABC-supported provisions of the听听promulgated under the Trump administration and reprise the听. The final rule becomes effective on Jan. 1, 2024, for certain employers and听OSHA intends to make much of the data it collects publicly available online. Read more about the final rule.

NLRB 鈥楢mbush鈥 Election Final Rule

Despite years of litigation, the Biden administration鈥檚 NLRB has revived a controversial policy from the Obama era in the form of its听. The听, issued without notice or the opportunity to comment,听essentially restores provisions of the听听and rescinds the remaining ABC-supported provisions of the听. The rule will apply to representation petitions filed on or after Dec. 26, 2023, and employers听will have less time to respond to representation petitions. Read more about the final rule.

DOL鈥檚 Updating the Davis-Bacon and Related Acts Regulations Final Rule

On Aug. 23, the U.S. Department of Labor officially published its final rule,听, in the Federal Register. The regulation鈥檚 drastic revisions to existing rules regarding government-determined听prevailing wage rates that must be paid to construction workers on federal and federally assisted construction projects funded by taxpayers took effect on Oct. 23.

On Nov. 7, 老牛影视and its Southeast Texas chapter announced听the filing of a complaint听in the U.S. District Court for the Eastern District of Texas, challenging the controversial final rule. Read more about the final rule.

DOL鈥檚 Form LM-10 Employer Report Final Rule

On July 28, the DOL鈥檚 Office of Labor-Management Standards published its听, which adds a checkbox to the Form LM-10 report requiring certain reporting entities to indicate whether such entities were federal contractors or subcontractors in their prior fiscal year, and two lines for entry of filers鈥 unique entity identifier and federal contracting agency or agencies, if applicable.听The revision is effective for reports filed on or after Aug. 28, 2023. Read more about the final rule.

EPA and Army Corps Revised Definition of WOTUS

On Aug. 29, the U.S. Environmental Protection Agency and Army Corps of Engineers issued a听 regarding amendments to the definition of 鈥渨aters of the United States鈥 subject to Clean Water Act regulation. This rule is aimed at bringing the January 2023 WOTUS final rule into compliance with the U.S. Supreme Court鈥檚 May 25 decision in Sackett v. Environmental Protection Agency.听

The final rule took effect on Sept. 8, 2023, except in states where it has been blocked by a federal court. EPA has provided Read more about the final rule.

Treasury/IRS Inflation Reduction Act Prevailing Wage and Apprenticeship Requirements

The听Inflation Reduction Act听was signed into law on Aug. 16, 2022, and provides over $270 billion in tax incentives for the construction of energy projects, conditioned on requirements that contractors meet prevailing wage and government-registered apprenticeship requirements.

Following issued in Nov. 2022, these requirements took effect for projects beginning on or after Jan. 30, 2023. On Aug. 29, Treasury issued a to provide additional guidance on the requirements. The proposed rule states that taxpayers may now rely on it for guidance regarding IRA tax incentives, until a final rule is published and takes effect. Resources and guidance on the IRA are available on ABC鈥檚 website.

CEQ Phase I National Environmental Policy Act Implementation Revisions

On April 19, 2022 the Council on Environmental Quality announced its revising the implementation regulations of the National Environmental Policy Act. The rule reversed elements of the ABC-supported 2020 that modernized and streamlined the federal environmental review process.听

While the rule took effect on May 20, 2022, federal agencies were given until Sept. 14, 2023, to incorporate the revisions into their environmental review processes.

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