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On May 5, the U.S. Department of Labor announced the withdrawal—effective May 6—of the Trump-era independent contractor final rule. While expected, this action is extremely disappointing. ABC strongly supported the Trump DOL final rule, which would have clarified the department’s interpretation of independent contractor status under the Fair Labor Standards Act and promoted certainty for employers, independent contractors and employees.

On May 5, ABC and a coalition of 16 industry and employer groups sent a letter to President Joe Biden raising concerns about the administration’s direct expansion and support of legislative policies encouraging or requiring controversial government-mandated project labor agreements on federal and federally assisted construction projects.

Thanks to a $1 million grant that just passed the Tennessee General Assembly, ABC’s Greater Tennessee Chapter will operate educational programs to provide advanced craft skills in HVAC, masonry, electrical, and carpentry in a new 15,000-square-foot facility with classroom and lab space. The grant will enable ABC to serve an additional 250 students a year in its four-year adult program. 

In an unfortunate but expected turn of events, Gov. Phil Murphy has signed into law New Jersey’s most recent anti-merit shop project labor agreement-favoring legislation, S-3414/A-5378, which requires government-mandated project labor agreements to apply to all public construction contracts over $5 million in the state. ABC and the African American Chamber of Commerce of New Jersey spoke out in opposition to the legislation.

On April 27, President Joe Biden issued an executive order increasing the minimum wage for federal contractors, which would require federal contractors to pay a $15 minimum wage to workers working on or in connection with a federal government contract.

From supporting the Protecting the Right to Organize Act to rolling back Trump-era regulatory actions, the Biden administration got off to a fast start delivering on its election-year promises to unions. ABC has mobilized to protect merit shop construction and provide members with status and updates on key policy actions.

On April 27, the U.S. Department of Labor’s Occupational Health and Safety Administration sent a draft OSHA COVID-19 Emergency Temporary Standard to the Office of Information and Regulatory Affairs at the Office of Management and Budget for review. The review at OIRA is usually the final step in the process before a rule is officially published, which could take up to two weeks. At this time, neither OIRA nor DOL have made the content of the ETS public, but ABC has requested a meeting with OIRA to discuss its concerns with an OSHA COVID-19 ETS.

On April 26, President Joe Biden issued an executive order that establishes the Task Force on Worker Organizing and Empowerment. ABC is concerned that the Biden administration is promoting policies that undermine workers’ choice whether to freely join a union, such as government-mandated project labor agreements.

On June 14, ABC will be hosting a virtual Inclusion, Diversity and Equity Summit, which will explore the complexity of IDE in today’s world and evaluate its historical journey and sustainable future in the construction industry. Learn more and register today!

ABC Legislative Day gives members the opportunity to learn about the issues that affect merit shop construction contractors and showcase their contributions to the industry and the economy. Plan to attend and network with ABC’s most engaged members, hear from esteemed speakers and learn the ins and outs of grassroots lobbying. Register today!

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