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.

On June 28, the U.S. Department of Transportation’s Federal Aviation Administration issued a final rule on the operation and certification of non-hobbyist small unmanned aircraft systems (UAS or drones). The final rule covers commercial uses for UAS that weigh less than 55 pounds and it takes effect Aug. 29.

Due to a provision in the Bipartisan Budget Act of 2015, all agencies with civil monetary penalties covered by the statute have the authority to raise penalties annually in line with the Consumer Price Index (CPI). Some agencies affected by this increase include DOL, EPA and OSHA. The provision also allows OSHA to have a one-time “catch-up adjustment” in 2016 since the fines have not increased since 1990.

On July 11, the National Labor Relations Board (NLRB) issued its decision in Miller & Anderson. In a 3-1 decision, the NLRB held that “employer consent is not necessary for units that combine jointly employed and solely employed employees of a single user employer. Instead, we will apply the traditional community of interest factors to decide if such units are appropriate.” Philip A. Miscimarra, the only Republican Board Member, dissented. The NLRB’s decision can be read here.  

The U.S. Department of Labor (DOL), Wage and Hour Division recently released a new guide to the Family and Medical Leave Act (FMLA) for employers, managers, human resources specialists, and professional leave administrators. The Employer’s Guide to the Family and Medical Leave Act provides employers with a roadmap for leave administration from the initial leave request to the employee’s return to the same or equivalent job at the conclusion of leave.

On June 15, 2016, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a final rule on Discrimination on the Basis of Sex.  The final rule applies to federal contractors (including subcontractors) and is effective on Aug. 15, 2016. 

On June 28, 2016, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) issued a final rule on the operation and certification of non-hobbyist small unmanned aircraft systems (UAS or drones). The final rule covers commercial uses for UAS that weigh less than 55 pounds and is effective August 29, 2016.