On May 23, the U.S. Department of Labor (DOL) published a final rule changing the federal exemptions to overtime pay under the Fair Labor Standards Act for so-called "white collar" workers, which include administrative, executive, professional and computer professional employees, that have long been exempt from being paid time-and-one-half for working more than 40 hours per week. The rule will essentially double the current minimum annual salary level for exemption from $23,660 to $47,476 per year effective Dec. 1, 2016.

ABC General Counsel Maury Baskin and ABC National Director of Legislative & Political Affairs Liam Donovan will hold important webinars that will breakdown the post-election political and regulatory landscape Nov. 9 and Nov. 10 respectively.

On Oct. 24, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction that prevents the Federal Acquisition Regulatory (FAR) Council from implementing the final blacklisting rule, officially titled Fair Pay and Safe Workplaces, which was scheduled to go into effect on Oct. 25. 

On Oct. 18, the Occupational Safety and Health Administration (OSHA) announced that it agreed to further delay enforcement of the anti-retaliation provisions of OSHA’s final rule on Tracking of Workplace Injuries and Illnesses until Dec. 1st. Under the anti-retaliation provisions of the final rule, some forms of post-accident drug testing and accident-free incentive programs will be deemed unlawfully retaliatory. 

On Monday , Oct. 17 at 11 a.m. representatives from the Wage and Hour Division will cover the basics of the U.S. Department of Labor’s final rule updating the overtime regulations of the Fair Labor Standards Act (FLSA), highlight resources and guidance available for employers, and answer compliance assistance questions. 

ABC and a coalition of business groups filed suit against the U.S. Department of Labor (DOL) Wage and Hour Division’s costly and burdensome final overtime rule on Sept. 20. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas.

Beginning Jan. 1, 2017, the minimum wage for workers on covered federal contracts and service contracts will increase to $10.20 per hour from $10.15 per hour in 2016. The increase is dictated by the Oct. 7, 2014, U.S. Department of Labor’s Wage and Hour Division final rule that implemented Executive Order 13658.

In the wake of the Aug. 24 issuance of the “blacklisting” final rule by the Obama administration, ABC recently surveyed membership to determine the impact of the rule on the contracting community interested in pursuing federal contracts. ABC’s survey of its members reveals that more than 51 percent of respondents said the final rule’s onerous requirements, including reporting alleged violations that firms are still contesting, will force them to abandon the pursuit of federal contracts. 

On Aug. 12, ABC submitted comments to the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) expressing concerns about the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed revision to the Employer Information Report (EEO-1), which would require employers with 100 or more employees to provide data on W-2 pay and hours worked, beginning in 2018. Under the Paperwork Reduction Act, OMB is responsible for reviewing and approving the revised EEO-1 report. 

The Waters Advocacy Coalition (WAC) submitted comments to seek clarification on a new proposal by the U.S. Army Corps of Engineers (“the Corps”) that could impact the scope of nationwide permits (NWPs) used to ensure compliance with the Clean Water Act. ABC is a member of the coalition.