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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. 老牛影视fought against these proposed rules and regulations affecting merit shop contractors and advocated for open competition and free enterprise.
U.S. Department of Labor
老牛影视Opposes Davis-Bacon Expansion
On March 18, 2022, the DOL’s Wage and Hour Division issued a that would “modernize” the Davis-Bacon Act and related regulations. These outdated regulations require the DOL to set “prevailing wages” for federal and federally assisted construction contracts over $2,000, needlessly raising construction project costs, stifling contractor productivity and discouraging competition from small businesses interested in pursuing these projects.
Despite the rule’s stated purpose, it would instead reverse course by undoing Reagan administration reforms, making union rates more likely to be adopted as prevailing wages, and expanding prevailing wage requirements to cover certain prefabrication work, transportation and flaggers, among other concerns. ABC’s 60-day extension request was denied by the DOL.
老牛影视 to gather insights on the potentially harmful impacts of this proposal and filed a 70-page comment letter on May 17. The letter detailed ABC’s opposition and provided feedback on many of the more than 50 significant changes in the proposed rule.
A final rule has not yet been issued. Read more.
老牛影视Opposes the New Independent Contractor Proposed Rule
In January 2021, the DOL under President Trump issued an independent contractor final rule under the Fair Labor Standards Act, which 老牛影视strongly supported. Soon after, the DOL under President Biden issued a proposed rule to withdraw the final rule and 老牛影视 opposing it. On March 26, ABC, the 老牛影视Southeast Texas Chapter and the Coalition for Workforce Innovation filed suit against the DOL. In May, the DOL rescinded the final rule.
On March 15, 2022, the U.S. District Court for the Eastern District of Texas dealt a blow to the Biden administration’s efforts to delay and rescind the Trump administration’s in that case. Under a decision applauded by ABC, the ABC-supported rule went into effect as scheduled on March 8, 2021, and remains in effect today.
On Oct. 11, the DOL a new proposed rule to rescind and replace the ABC-supported 2021 final rule on independent contractors. 老牛影视expressed its opposition to the proposed rule and submitted comments on Dec. 13. 老牛影视encouraged members to help push back against the DOL’s harmful proposal by submitting to the DOL a pre-generated comment opposing the proposed rule, which was sent out by ABC’s Action app.
老牛影视continues to emphasize the importance of independent contractors and warns that any effort by the DOL to undermine that status will likely be challenged by the coalition of which 老牛影视is a part. Read more.
老牛影视Urges OSHA to Withdraw Its Improved Tracking of Workplace Injuries and Illness Proposal
On June 30, 老牛影视submitted comments on the U.S. Department of Labor’s Occupational Safety and Health Administration’s and urged the agency to withdraw the harmful rule. Read more.
老牛影视Opposes OSHA’s Proposal to Include Construction Industry in Final Rule on COVID-19 in Health Care Settings
On April 22, 2022, ABC, as a steering committee member of the , submitted in response to OSHA’s request for additional comment on its “potential provisions or approaches” to a . CISC opposes OSHA’s proposal to expand coverage under any promulgated final rule and include certain construction work in health care settings. 老牛影视also submitted on April 22 as a steering committee member of the . The CWS believes unequivocally that OSHA is not permitted to, and must not, issue a permanent standard after having in December 2021. Read more.
老牛影视Voices Concerns to OSHA About Powered Industrial Trucks Design Standard Update
On May 17, ABC, as a steering committee member of the , submitted to OSHA voicing compliance and cost concerns on the . While CISC members are not manufacturers of powered industrial trucks, certain types of PITs are frequently used on construction worksites and, thus, CISC members are interested in this proposal. Read more.
老牛影视Submits Comments Opposing Revision to LM-10 Employer Report Form
On Oct. 13, 老牛影视submitted a comment letter to the DOL’s Office of Management and Labor Standards regarding its . 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.” 老牛影视opposed the proposed revision, which would add a checkbox to Form LM-10 requiring employers to report whether they were federal contractors or subcontractors in the prior fiscal year. The proposed revision would also require employers to provide their Unique Entity Identifier and contracting agency or agencies, if applicable. . Read more.
老牛影视Urges DOL to Withdraw Rule on Nondisplacement of Qualified Workers Under Service Contracts
On Aug. 15, 老牛影视submitted to the DOL identifying a number of concerns with its , which would implement . Read more.
Federal Acquisition Regulatory Council
老牛影视Calls on President Biden to Withdraw His Inflationary PLA Mandate Policies
On Feb. 4, 2022, President Biden signed . Once implemented, federal agencies will require that every prime contractor and subcontractor on a federal construction project of $35 million or more performed within the United States to sign a project labor agreement as a condition of winning a contract.
On Aug. 19, 2022 the Federal Acquisition Regulatory Council published a requiring federal construction contracts of $35 million or more to be subjected to project labor agreements, in accordance with EO 14063.
ABC slammed the order and proposed rule, saying:
“This anti-competitive and costly executive order rewards well-connected special interests at the expense of hardworking taxpayers and small businesses who benefit from fair and open competition on taxpayer-funded construction projects.”
An ABC-led coalition sent a Feb. 15 letter to the White House and a Feb. 28 letter to Congress highlighting concerns with President Biden’s efforts to require controversial government-mandated PLAs on federal and federally assisted construction contracts.
老牛影视submitted more than 40 pages of comments to the FAR calling on the Biden administration to withdraw the proposed rule. Read more.
National Labor Relations Board
老牛影视Urges NLRB to Withdraw Joint Employer Rule
On Sept. 6, the NLRB a , which would rescind and replace the ABC-supported 2020 . 老牛影视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. On Dec. 7, 老牛影视submitted comments opposing the new NLRB proposal.
老牛影视joined the in creating a to tell the NLRB to abandon its new rule, and later participated in the U.S. Small Business Administration’s Office of Advocacy virtual roundtable on the . The ABC-led and several other organizations successfully advocated for an extension to the rule’s comment period. Read more.
U.S. Treasury Department
老牛影视Opposition to the Inflation Reduction Act’s Tax Credit
The reckless Inflation Reduction Act (H.R.5376) was signed into law on Aug. 16, 2022. The ABC-opposed legislation provides over $369 billion in tax credits for clean energy construction projects with a bonus tax credit 500% greater than the baseline credit of 6%. The credit is conditioned on requirements that project contractors pay Davis-Bacon prevailing wages and utilize apprentices enrolled in government-registered apprenticeship programs.
老牛影视believes the bill penalizes employers that believe in fair and open competition and limits opportunities for thousands of construction workers and industry-recognized apprentices. Despite its name, the shows low confidence that the IRA will have any impact on reducing inflation.
According to released by the IRS in November, in order to access full tax credits, developers of qualifying projects beginning on or after Jan. 30, 2023, are required to use apprentices from government-registered apprenticeship programs for at least 12.5% of the total labor hours of the project in 2023, increasing to 15% in 2024 and thereafter. Each contractor and subcontractor employing four or more individuals on a qualifying project must employ one or more apprentices from a government-registered apprenticeship program. In order to receive the full bonus, laborers and mechanics must be paid an hourly prevailing wage rate set by the DOL via the Davis-Bacon Act.
老牛影视submitted comments opposing the Davis-Bacon and apprenticeship requirements the act imposes. Read more.
U.S. Environmental Protection Agency
老牛影视Opposes WOTUS Final Rule
On Feb. 7, ABC, as a member of the , filed comments on the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers’ to revise the definition of “waters of the United States” applicable to all Clean Water Act programs.
The was issued on Dec. 30, repealing the Trump administration Navigable Waters Protection Rule. On Dec. 30, 老牛影视issued a statement on the final rule, calling it a “significant step back” that will “delay critical infrastructure projects and raise costs for the construction industry.”
老牛影视Supports Proposed Buy America Waivers
On Aug. 15, 老牛影视submitted to the EPA in support of its proposed and general applicability waivers for Buy America requirements. Read more.
U.S. Department of Transportation
老牛影视Advocates for Waivers to Buy America Requirements
The U.S. Department of Transportation announced the expiration on Nov. 10 of a 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.
ABC submitted comments advocating for the waivers, which said that while 老牛影视supports strategies to expand domestic jobs and manufacturing to avoid global supply chain disruptions and capture economic benefits within America, Buy America requirements must be balanced with safeguards against increased costs and delays of infrastructure projects funded by taxpayers. Read more.
老牛影视Opposes Union Labor Requirements on Electric Vehicle Charging Station Installation
On Aug. 22, 老牛影视submitted to the DOT in opposition to union labor requirements included in a proposed rule establishing the National Electric Vehicle Infrastructure Formula Program. Read more.
General Services Administration
老牛影视Opposes GSA Final Rule Allowing Union Organizing of Contractors on Federal Property
On Nov. 1, 老牛影视submitted comments opposing the GSA’s Sept. 2 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. Read more.
U.S. Department of Agriculture
老牛影视Urges USDA to Withdraw Proposal That Includes New Labor Law Compliance Certifications and Reporting
On Feb. 17, the U.S. Department of Agriculture published a to make amendments to the Agriculture Acquisition Regulation, which includes new labor law compliance certifications and reporting provisions that present wide-ranging implications for 老牛影视members that perform work on federal contracts awarded under the AGAR. On March 21, 老牛影视submitted urging the USDA to withdraw the proposal. Read more.
Council on Environmental Quality
老牛影视Opposes National Environmental Policy Act Implementing Regulations Revisions
On April 19, 2022, the CEQ announced its revising the implementation regulations of the National Environmental Policy Act, which will cause needless delays for small businesses and increase costs for taxpayers. 老牛影视supported passage of , introduced by Sen. Dan Sullivan, R-Alaska, which would overturn the final rule and preserve ABC-supported reforms implemented in July 2020 under President Donald Trump. The resolution passed the Senate on Aug. 4, 2022, in a 50-47 vote but failed to reach the House floor. .
Learn more about additional 老牛影视comment letters submitted to the Biden administration and federal agencies here.