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On Feb. 16, 24 state attorneys general filed a lawsuit against the U.S. Environmental Protection Agency and Army Corps of Engineers seeking to overturn the final rule published by the agencies on Jan. 18 that revises the definition of Waters of the United States.

On Feb. 9, the Office of Management and Budget released a proposed rule to revise OMB’s Guidance for Grants and Agreements. This guidance defines the rules for federal agencies as they distribute funding through grant programs. The revisions would aid implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act.

On Feb. 13, ABC submitted comments to the Federal Acquisition Regulatory Council regarding a proposed rule to amend the Federal Acquisition Regulation to require certain federal contractors to disclose their greenhouse gas emissio

On Feb. 9, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-1, “Telework Under the Fair Labor Standards Act and Family and Medical Leave Act,” which provides guidance to WHD field staff on how to ensure teleworking employees are properly paid and protected under the FLSA and how to apply eligibility rules under the FMLA.

Recently, federal agencies have taken a number of actions aimed at reducing greenhouse gas emissions in the construction industry. ABC continues to track these initiatives while participating in the regulatory process to ensure that the need to protect our environment is accomplished without imposing unnecessarily costly and burdensome requirements on the construction industry. 

On Feb. 2, ABC submitted comments to the National Labor Relations Board opposing its proposed rule on Representation-Case Procedures, which addresses election-blocking charges, voluntary recognition and construction industry bargaining relationships. The proposal rescinds the ABC-supported 2020 NLRB final rule, which was intended to “better protect employees’ statutory right of free choice on questions concerning representation.”

On Feb. 2, the Federal Trade Commission announced it will host a public forum examining the FTC’s proposed rule to prohibit employers from imposing noncompetes on their workers.

In response to the Defense Industrial Base becoming the target of more frequent and complex cyberattacks from foreign and independent bad actors, the U.S. Department of Defense is expected to release new cybersecurity regulations in 2023 designed to enforce protection of sensitive federal contract information and controlled unclassified information that is shared by the DOD with

On Jan. 31, the U.S. House of Representatives passed H.R. 497, the Freedom for Health Care Workers Act, by a bipartisan vote of 227-203. ABC supported the legislation, which would eliminate the Biden administration’s COVID-19 vaccination mandate on health care workers and repeal the Centers for Medicare & Medicaid Services health care staff vaccination rule that continues to affect ABC members who perform construction work at health care facilities. ABC provided a statement in support of the bill ahead of passage.

The Regulations from the Executive In Need of Scrutiny Act of 2023, or REINS Act, was recently reintroduced to the U.S. House of Representatives by Rep. Kat Cammack (R-Fla.). The bill, which would require every new “major rule” proposed by federal agencies to be approved by both the House and U.S. Senate before going into effect, currently has 179 Republican co-sponsors.

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