On Jan. 9, the U.S. Department of Labor’s Wage and Hour Division announced the final rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act, which rescinds the ABC-supported 2021 final rule and replaces it with a confusing multifactor analysis to determine whether a worker is an employee or an independent contractor. The final rule takes effect on March 11, 2024.

On Dec. 14, 2023, the Biden administration announced a U.S. Department of Labor proposed rule that would make significant and controversial revisions to the National Apprenticeship System. On Dec. 18, ABC issued a press release in response to the ABC-opposed proposal.

On Dec. 13, the U.S. Department of Labor announced its final rule on Nondisplacement of Qualified Workers Under Service Contractors, which will implement Executive Order 14055.

The Biden administration recently released its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish in 2023 and 2024. ABC has prepared a summary of the actions of interest to ABC members by agency.

Reports indicate that not a single electric vehicle charging station has been constructed with the $7.5 billion in federal investment available through the Federal Highway Administration’s National Electric Vehicle Infrastructure Formula Program, threatening the Biden administration’s goal to build 500,000 EV chargers by 2030. The final rule implementing the NEVI Formula Program contained a number of ABC-opposed, union-favoring labor requirements that may be contributing to the program’s stagnation.

Throughout 2023, ABC has been closely monitoring federal regulatory actions and updating ABC members through the ABC Regulatory Roundup. Several federal rules have gone into effect or are scheduled to go into effect in the near future.

On Nov. 15, Rep. Lloyd Smucker, R-Pa., introduced a resolution (H.J. Res.103) under the Congressional Review Act providing for congressional disapproval of the U.S. Department of Labor’s final rule, Updating Davis-Bacon and Related Acts Regulations. This controversial final rule largely disregards the feedback of ABC, construction industry stakeholders and thousands of small businesses urging the withdrawal of––and/or improvements to––this unnecessary, costly and burdensome regulation.

ABC Congratulates 30 Members Awarded DOL’s 2023 HIRE Vets Medallion Congratulations to the 30 ABC members that have been honored by the U.S. Department of Labor with the 2023 HIRE Vets Medallion Award, only federal-level award that recognizes a company or organization’s commitment to veteran hiring, retention and professional development.

On Nov. 7, ABC submitted comments to the U.S. Department of Labor in response to a proposed rulemaking that would alter overtime regulations under the Fair Labor Standards Act.

On Oct. 23, the U.S. Department of Labor’s final rule, Updating the Davis-Bacon and Related Acts Regulations, officially took effect. The regulation imposes drastic revisions to previous rules regarding government-determined prevailing wage rates that must be paid to construction workers on federal and federally assisted construction projects funded by taxpayers.