On May 9, the Trump administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to release through the end of the year and into 2019. 

The Equal Employment Opportunity Commission has extended the deadline for filing the 2017 EEO-1 Survey from March 31 to June 1, 2018. According to the EEO-1 Survey webpage, an email will be sent to the EEO-1 company contact introducing the new EEO-1 Survey application. Any questions on the new survey should be directed to 1 (877) 392-4647. 

The Occupational Safety and Health Administration will begin enforcement of the final rule on occupational exposure to beryllium in the construction industry on May 11, 2018. According to its May 10 press release and interim enforcement memorandum, OSHA will begin enforcing on May 11 the new lower 8-hour permissible exposure limit (PEL) and short-term (15-minute) exposure limit (STEL) for construction. 

On April 30, the Occupational Safety and Health Administration announced that it made an error regarding implementation of the 2016 Electronic Injury Reporting and Anti-Retaliation final rule and determined all affected employers are required to submit injury and illness data in the Injury Tracking Application online portal, even if the employer is covered by a State Plan that has not completed adoption of their own state rule. 

The Equal Employment Opportunity Commission (EEOC) has extended the deadline for filing the 2017 EEO-1 Survey from March 31 to June 1, 2018. According to the EEOC FAQs, for the 2017 EEO-1 reporting cycle, the EEO-1 will collect data on the race, ethnicity and sex of workers by job category from private employers with 100 or more employees and federal contractors with 50 or more employees and $50,000 in contract(s).

Citing a survey of ABC member and chapter labor attorneys that found widespread dissatisfaction with the 2014 “ambush” election final rule, ABC submitted comments urging the National Labor Relations Board to rescind the rule in whole or in significant part and return to the election procedures that were in effect and working well prior to the new rule’s adoption.

On April 12, the U.S. Department of Labor’s Wage and Hour Division released three opinion letters that address compliance issues under the Fair Labor Standards Act and other similar laws.

On April 11, the U.S. Senate voted 50-48 to confirm John Ring to be a member of the National Labor Relations Board (NLRB). Mr. Ring's confirmation brings the NLRB back to five members: three Republicans and two Democrats. ABC sent a letter to the Senate in support of Mr. Ring, who served as a partner at Morgan Lewis. ABC will count Wednesday's vote as a key vote for the 115th congressional scorecard.  

On April 9, federal agency heads signed the “One Federal Decision Memorandum of Understanding,” which will further implement the administration's executive order to streamline the federal permitting process for major infrastructure projects. ABC expressed support for the executive order when it was announced in 2017. 

On April 3, the U.S. Department of Labor’s Wage and Hour Division launched the Payroll Audit Independent Determination program, a new nationwide pilot program to assist employers in expediting the resolution of inadvertent overtime and minimum wage violations under the Fair Labor Standards Act. The pilot program will be implemented for approximately six months nationwide.