The U.S. Department of Labor (DOL)’s Wage and Hour Division recently published a Request for Information (RFI) related to the overtime final rule. This is likely the first step in issuing a revised proposed overtime exemption rule. The public has the opportunity to submit comments on the RFI until Sept. 25, 2017.

During the early hours of July 28, Senators Susan Collins (R-Maine), John McCain (R-Ariz.) and Lisa Murkowski (Alaska) voted “no” on the Senate Republican’s “skinny repeal” proposal, a scaled-back version of previously supported Senate Republican Affordable Care Act (ACA) repeal bills, which failed by a vote of 49 to 51. If the vote on final passage had been successful, it would likely have triggered a conference committee with the House of Representatives whereby the chambers would have tried to resolve their legislative differences. Senate Majority Leader Mitch McConnell’s (R-Ky.Y) statement on the failed vote can be read here. &a

During ABC Legislative Week 2017, ABC launched a video, “Be a Hero: Download the ABC Action App” to encourage construction advocates to download the mobile app and advance the merit shop message on Capitol Hill. Now members can share the video as well. 

On July 25, the U.S. Senate voted to begin debate on the repeal of the Affordable Care Act (ACA). The Senate voted 51-50, with Vice President Mike Pence breaking the tie, in support of moving forward with debate on H.R. 1628, the American Health Care Act. In advance of the vote, ABC sent a key vote letter urging senators to vote “yes” on the motion to proceed. The Senate will now move forward with 20 hours of debate and most likely vote on dozens of amendments.

Last week, U.S. Citizenship and Immigration Services (USCIS) announced a newly-revised Form I-9, Employment Eligibility Verification, which will be made mandatory starting Sept. 18, 2017. Employers may use the revised version immediately (revision date of 7/17/17 N), but may also continue to use Form I-9 with a revision date of 11/14/16 N through Sept. 17.

Last month, the U. S. District Court for the District of New Jersey found that a 2007 Jersey City ordinance requiring project labor agreements (PLAs) on private projects receiving tax abatements is preempted by the National Labor Relations Act (NLRA).

On July 19, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) approved the nominations of Marvin Kaplan and William Emanuel to serve on the National Labor Relations Board (NLRB). Both votes occurred along party lines.

On July 13, the House of Representatives voted down Rep. Paul Gosar’s amendment to the National Defense Authorization Act by a vote of 183-242.The amendment, H. Amdt. 180 (Gosar) H.R. 2810, would have directed the secretary of labor to use Bureau of Labor Statistics (BLS) data for wage determinations under the Davis-Bacon Act (DBA). Using accurate BLS data would prove the federal government is sincere in its goal of curbing waste and stretching project dollars further in addition to increasing competition, lowering costs and helping to level the playing field for all members of the construction industry.

On June 27, the Occupational Safety and Health Administration issued a proposed rule to revoke the ancillary provisions of the Beryllium final rule for the construction and shipyard sectors that OSHA finalized on Jan. 9, 2017. Beryllium is a lightweight but strong metal used in a number of industries. The January final rule points directly to the construction task of abrasive blasting operations which use slags that contain trace amounts of beryllium.

On July 12, the United States Court of Appeals for the Seventh Circuit upheld a Wisconsin right-to-work law after two chapters of the International Union of Operating Engineers (IUOE) filed a lawsuit against the state. The law, 2015 Wisconsin Act 1, prohibits business and unions from working together to require all workers to pay union dues as a condition of employment. The IUOE claimed the law was unconstitutional and allows nonunion employees to receive free representation in negotiations.