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On Jan. 13, the U.S. Department of Homeland Security announced a process for labor and employment agency-related requests for deferred action

On Jan. 5, 2023, the Federal Trade Commission issued a proposed rule that would ban all noncompete agreements with limited exceptions. ABC will be commenting in opposition to the proposed rule, which is overly restrictive on well-established and reasonable business practices of the construction industry. Comments on the proposed rule are due by March 20 through regulations.go

On Jan. 13, pursuant to the Federal Civil Penalties Inflation Adjustment Act, the U.S. Department of Labor published a final rule increasing the civil monetary penalties for 2023 based on cost-of-living adjustments. The final rule went into effect on Jan. 17, 2023.

The ABC National Health and Safety Committee, along with input from subject matter experts in mental health, suicide and addiction, completed the development of a Total Human Health key component that will give companies a new metric on which to benchmark their safety programs.

On Dec. 16, 2022, the U.S. Department of Labor sent its final rule updating Davis-Bacon and Related Acts prevailing wage regulations to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The content of the final rule is expected to be publicized in February 2023 or later, but will likely align closely with the

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. ABC fought against these proposed rules and regulations affecting merit shop contractors and advocated for open competition and free enterprise.

On Jan. 4, the Biden administration released its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory

On Thursday, the U.S. House of Representatives passed the National Defense Authorization Act (H.R. 778), setting the table for its U.S. Senate passage this week.

On Dec. 13, ABC submitted comments opposing the U.S. Department of Labor’s independent contractor proposed rule, which eliminates the ABC-supported 2021 final rule’s emphasis on two “core” factors—a worker’s control over their work and their opportunity for profit or loss, both of which are paramount in making an independent contractor determination. Instead, the department’s approach is to restore a “totality-of-the circumstances” analysis of the “economic reality test.”

On Dec. 7, ABC submitted comments to the National Labor Relations Board urging the board to withdraw the new proposed joint employer rule and retain the current 2020 NLRB final rule, which provides clear criteria for companies to apply when determining status. In the comments, ABC argued that the new proposed rule will cause great confusion and uncertainty among construction contractors, specifically small business owners. More than 11,000 comments were submitted to the docket.

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