On Oct. 26, ABC submitted comments on the U.S. Department of Labor’s proposed rule revising its interpretation of independent contractor status under the Fair Labor Standards Act.

On Oct. 13, the U.S. Department of Labor’s Office of Labor-Management Standards issued a proposed rule to provide additional information to labor organization members and the public about the financial activities of labor organizations under the Labor-Management Reporting and Disclosure Act of 1959.

The U.S. Department of Labor’s Occupational Safety and Health Administration issued new frequently asked questions and answers regarding the need to report employees’ in-patient hospitalizations and fatalities re

Effective Sept. 30, the U.S. Department of Labor’s Occupational Safety and Health Administration will begin enforcement of the ancillary requirements of its standards for occupational exposure to beryllium and beryllium compounds in the construction and shipyard sectors.

On Sept. 28, ABC submitted comments to the National Labor Relations Board on its proposed rule amending the agency’s representation election regulations under the National Labor Relations Act. Additionally, the ABC-led Coalition for a Democratic Workplace submitted comments in support of the NLRB’s proposal, officially titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave.

On Sept. 22, U.S. Rep. Garrett Graves (R-La.) introduced H.R. 8333, the Building U.S. Infrastructure Through Limited Delays & Efficient Reviews (BUILDER) Act. The legislation would codify much of the Council on Environmental Quality’s National Environmental Policy Act rulemaking, which ABC supports. Developed with input from the House Transportation and Infrastructure, Energy and Commerce and Judiciary committees, the bill includes important provisions to create a more efficient NEPA review process and clarifies which projects require NEPA review. This will promote better agency coordination and set reasonable time limits for preparing environmental documents.

On Sept. 22, the U.S. Department of Labor announced a proposed rule that would revise its interpretation of independent contractor status under the Fair Labor Standards Act. The DOL indicates the proposal would offer clarity to determine whether a worker is an employee under the FLSA as well as promote certainty for stakeholders, reduce litigation and encourage innovation in the economy.

On Sept. 11, the U.S. Department of Labor’s Wage and Hour Division issued revisions to the Families First Coronavirus Response Act regulations, which implement paid sick leave and expanded family and medical leave. FFCRA requires private-sector employers with fewer than 500 employees and certain public employers to provide covered employees emergency paid sick leave and expanded family and medical leave. 

On Sept. 8, a U.S. District Court for the Southern District of New York judge ruled that parts of the U.S. Department of Labor’s joint employer final rule, which was issued on Jan. 16, 2020, are illegal. Associated Builders and Contractors had applauded the 2020 joint employer final rule, which promised to make the joint employment test more narrow and focused when it went into effect on March 16.

On Aug. 31, the U.S. Department of Labor’s Occupational Safety and Health Administration issued a final rule amending its standards for occupational exposure to beryllium and beryllium compounds in the construction and shipyard sectors. ABC and other construction organizations previously filed a settlement with the agency to effectively narrow the scope of the Obama administration’s beryllium final rule, which would have applied a comprehensive, burdensome set of requirements related to beryllium on all construction employers.