On March 25, the U.S. House Committee on Education and the Workforce Subcommittee on Workforce Protections held a hearing title, “The Future of Wage Laws: Assessing the FLSA’s Effectiveness, Challenges, and Opportunities.” Ahead of the hearing, ABC sent a letter to the committee in support of legislation that clarifies who qualifies as an independent contractor and protects workers who have long been properly classified as independent contractors in the construction industry:

• H.R.1319, the Modern Worker Empowerment Act, introduced by Rep. Kevin Kiley, R-Calif., which amends the FLSA to base worker classification determinations on two clear tests: a business’s control over a worker’s work and how it is performed and the worker’s opportunity to express entrepreneurial discretion. This legislation also clarifies that safety, legal and insurance guidelines and contractual project completion deadlines are not determinants of worker classification. Further, it would ensure the worker classification standard is consistent between the FLSA and the National Labor Relations Act.
• H.R.1320, the Modern Worker Security Act, introduced by Rep. Kiley, which provides businesses with the opportunity to offer flexible or portable benefits to workers without the risk of the provision of these benefits jeopardizing worker classification determinations.

ABC also encouraged representatives to reintroduce H.R.1980, the Working Families Flexibility Act, from the 117th Congress. This legislation amends the FLSA to provide workers choice between compensatory overtime pay and compensatory time off at a rate not less than 1.5 times hours worked.

In addition to the letter, ABC joined other coalitions of trade associations, including the Independent Work Coalition, in submitting letters in support of the Modern Worker Employment Act, Modern Worker Security Act, Working Families Flexibility Act, and the Ensuring Workers get PAID Act.

On March 25, the U.S. House Committee on Natural Resources Subcommittee on Water, Wildlife and Fisheries held a legislative hearing on a number of bills, including the ABC-supported ESA Amendment Act. Ahead of the hearing, ABC sent a letter to the committee in support of the bill’s efforts to modernize the Endangered Species Act.

H.R. 1897 streamlines the approval of voluntary conservation agreements and incidental take permits by removing duplicative permitting processes. The bill also clarifies the ESA Section 7 permitting process and provides regulatory certainty that a critical habitat will not be designated if a private landowner is working to implement a plan that conserves the listed species in question. Each of these provisions will provide additional clarity to the ESA that is critical for allowing construction projects to be completed on time and on budget.

During the hearing, the bill sponsor, Rep. Bruce Westerman, R-Ark., said the ESA, “is a well-intentioned law that has been hijacked by litigation and executive overreach.” He went on to stress the permitting relief this bill would provide. You can view his comments here.

On March 24, ABC joined over 300 other trade associations in a letter urging the Office of the U.S. Trade Representative to refrain from imposing its proposed actions in response to the Section 301 investigation of China’s targeting the maritime, logistics, and shipbuilding sectors for dominance.

“We support scrutiny of China’s efforts to dominate the maritime industry,” the letter reads. However, USTR’s proposed actions will not deter China’s broader maritime ambitions and will instead directly hurt American businesses and consumers. Specifically, USTR’s proposed fees will increase shipping costs, container and non-containerized, by at least 25% ($600-$800 or more), adding approximately $30 billion in annual costs on U.S. businesses and farmers.”

The letter went on to acknowledge the intended goal of supporting a domestic shipbuilding industry but explained that the proposed export requirements would force a reduction in U.S. exports, contrary to the Trump Administration’s America First trade goals.

On March 14, ABC joined a coalition letter urging the U.S. Department of Homeland Security and U.S. Department of Labor to continue their release of supplemental H-2B visas, which has been occurring since December, as we approach the beginning of the second half cap season on April 1st.

On March 11, the U.S. House Committee on Small Business Subcommittee on Oversight, Investigations, and Regulations held a hearing titled, “Restoring the SBA: Putting Main Street America First.” Ahead of the hearing, ABC sent a letter to the Committee calling on Congress to empower the SBA and small businesses around the country to keep federal agencies in check when implementing new regulations. The letter specifically supports the ABC-supported Prove It Act which strengthens the Regulatory Flexibility Act (H.R. 1163) by allowing Main Street businesses, and groups like ABC, to petition the SBA to examine whether a federal regulation would have significant economic effects on a large number of small businesses.

In the hearing, Prove It Act sponsor Rep. Brad Finstad, R-Minn., touted the bill, noting that it helps small business navigate the regulatory environment. Alfredo Ortiz, CEO of Job Creators Network, added that the bill, “is a game changer… for too long, agencies have been given a pass from showing the impact of regulations on small businesses. Having the opportunity to have a seat at the table at the beginning of thew process rather than at the end of the process is critical.” You can watch their exchange here.

On March 6, Sen. Sanders, D-Vt., and Rep. Scott, D-Va., reintroduced the ABC-opposed PRO Act in the 119th Congress.

On March 4, the ABC-led Coalition for a Democratic Workplace sent a letter to the Hill urging Congress to oppose the bill.

This radical legislation includes dozens of provisions that would violate workers’ free choice and privacy rights, force unions on employees who have voted against such representation, cost millions of American jobs, threaten vital supply chains and greatly hinder our economy. The bill boosts union membership at the expense of American workers and small businesses.

Of the many radical provisions in the PRO Act, the bill includes provisions that:

• Strip away workers’ privacy rights and key protections guaranteeing workers’ free choice through secret ballots in union representation elections
• Curb opportunities for people to work independently through independent contractor roles
• Revoke independently enacted state right-to-work protections and require workers to pay union dues as a condition of employment
• Change the legal standard for joint-employer liability, reducing opportunities for our country’s small and local businesses through subcontracts, licensing and franchising
• Violate employers’ right to attorney-client confidentiality on complex labor law issues, making it harder for businesses, particularly small businesses, to secure legal advice
• Impose government control over private contracts
• Infringe on the due process rights of employers
• Remove secondary boycott protections

The reintroduction of this legislation represents the latest attempt to implement labor law policies that have previously been rejected by the judicial system, opposed on a bipartisan basis in Congress and/or withdrawn by the agencies that prior administrations tried to use to implement the policies unilaterally. All of these entities realized those policies violated the law, exceeded the authority granted to the implementing agencies or would cause serious damage to the American workplace.

On March 5, the U.S. House Committee on Education and the Workforce Subcommittee on High Education and Workforce Development held a hearing titled, “Strengthening WIOA: Improving Outcomes for America’s Workforce.” Ahead of the hearing, ABC sent a letter to the committee in support of reintroduction and passage of a bipartisan reauthorization of the Workforce Innovation and Opportunity Act. “Reauthorizing WIOA is a critical step in addressing the workforce challenges facing the construction industry and the broader economy,” the letter stated. “By modernizing funding allocation, expanding employer-led training opportunities and streamlining workforce development programs, this legislation will help ensure that businesses have access to a skilled and qualified workforce while providing individuals with pathways to stable, high-paying careers.”

At the end of 2024, ABC-supported A Stronger Workforce for America Act (H.R. 6655), bipartisan legislation that secured funding for workforce development and addressed the construction industry’s evolving need for qualified and skilled craft professionals by modernizing WIOA from its most recent reauthorization in 2014.

On Feb. 26, the U.S. Senate Committee on Environment and Public Works held a hearing, “Infrastructure Investment and Jobs Act Implementation and Case Studies.” Ahead of the hearing, ABC sent a letter expressing concern that the Biden administration’s pro-project labor agreement policies were limiting opportunities for all Americans to participate on federal and federally assisted construction projects, raising costs for taxpayers.

On Feb. 26, the U.S. House of Representatives Committee on Education and Workforce held the hearing “Unleashing America's Workforce and Strengthening Our Economy.” Ahead of the hearing, ABC sent a letter to the committee expressing support for an all-of-the-above approach to workforce development, consisting of industry-recognized and government-registered apprenticeships, competency-based learning and more. During the hearing, Representatives questioned witnesses on tax policy, apprenticeships, OSHA's proposed heat rulemaking and the Employee Rights Act. 

On February 19, the U.S. Senate Committee on Environment and Public Works held a hearing: Improving the Federal Environmental Review and Permitting Processes. Ahead of the hearing, ABC sent a letter to the committee, highlighting opportunities for Congress to responsibly streamline the Clean Water Act by eliminating persistent statutory barriers to state assumption and enhancing U.S. Army Corps of Engineers and U.S. Environmental Protection Agency processes. Specifically, the letter urged Congress to authorize Endangered Species Act Section 7 liability protection to flow through state or tribal Section 404 enforcement agencies; authorize states and tribes that assume Section 404 authority to issue permits of equivalent duration to USACE Section 404 permits; clarify that states and tribes may assume authority to issue Section 404 permits for discharges into a portion of assumable waters; and authorize expenditure of EPA Wetland Development Grant Program funding to offset continuing state Section 404 implementation costs by supplementing state fee-for-service revenues.