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.

On Aug. 31, the U.S. Department of Labor’s Wage and Hour Division published a notice in the Federal Register to announce that the minimum wage for federal contractors will increase from $10.80 per hour to $10.95 per hour beginning Jan. 1, 2021.

On Thursday, Aug. 27, the U.S. Department of Labor’s Wage and Hour Division published new frequently asked questions for workers and employers regarding qualifications for paid leave eligibility under the Families First Coronavirus Response Act, specifically adding new guidance detailing paid leave options related to schools reopening.

On Aug. 25, ABC, the National Association of Home Builders and the Mason Contractors Association of America filed a settlement with the U.S. Department of Labor’s Occupational Safety and Health Administration to effectively narrow the scope of the beryllium final rule issued at the end of the Obama administration.

The U.S. Department of Labor issued two notices in July seeking feedback on its regulations implementing the Family and Medical Leave Act of 1993 and other issues concerning paid leave.

On July 29, the National Labor Relations Board issued a proposed rule titled Representation-Case Procedures: Voter List Contact Information; Absentee Ballots for Employees on Military Leave, which proposes two amendments to the representation election regulations under the National Labor Relations Act.

On July 27, ABC submitted comments to the U.S. Department of the Treasury and U.S. Small Business Administration on an interim final rule changing key provisions of the SBA’s Paycheck Protection Program and its loan forgiveness and loan review procedures.