As of July 30, the National Labor Relations Board (NLRB) is fully staffed and the new members are likely to pursue issues the NLRB did not complete in past years, many of which are designed to facilitate or expedite the union organizing process.

ABC's Regulatory Alert provides an overview of the federally mandated rules, regulations and enforcement actions from the U.S. Department of Labor (DOL), Occupational Safety and Health Administration (OSHA) and other federal agencies. Below are brief summaries of current issues, as well as links to more detailed information and guidance.

Two key pass-through structures favored by small businesses pay a significantly higher effective tax rate than large corporations, according to an Aug. 7 study released by National Federation of Independent Business and the S Corporation Association, of which ABC is a coalition member.  Analysis by Quantria Strategies shows that S corps will pay the highest effective tax rate in 2013 at 31.6 percent, compared to 29.4 percent for partnerships, 17.8 percent for C-corporations and 15.1 percent for sole proprietorships.  Effective tax rates are the percentage of income businesses pay in taxes.

Associated Builders and Contractors (ABC) Aug. 8 met with White House Office of Management and Budget (OMB) officials to voice concerns about two anticipated final rules from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) that drastically alter existing affirmative action and nondiscrimination obligations regarding individuals with disabilities and veterans. 

The Federal Motor Carrier Safety Administration (FMCSA) Aug. 7 posted an enforcement policy on its website, effective immediately, that clarifies it will not apply the provision under its revised hours of service (HOS) rule that requires drivers to take a 30-minutes break for every eight hours of consecutive driving to short-haul drives. 

The U.S. House of Representatives passed two bills in bipartisan votes that will help reform the regulatory process. The Regulations from the Executive in Need of Scrutiny (REINS) Act (H.R. 367) passed 232-183 on Aug. 2 and the Energy Consumers Relief Act (H.R. 1582) passed 232-181 on Aug. 1.

The National Labor Relations Board has petitioned for re-hearings in both courts that struck down its August 2011 “Notification of Employee Rights” rule. Under the rule, employers would have been required to display a poster in their workplace that contained a biased and incomplete list of employee rights under the National Labor Relations Act. 

The U.S. Senate voted July 30 in favor of five presidential nominees to the National Labor Relations Board (NLRB). They included new members Nancy Schiffer (D) and Kent Hirozawa (D), as well as NLRB Chairman Mark Pearce (D), who was reconfirmed. Two Republicans, Harry Johnson III (R), Philip Miscimarra (R), were also confirmed by voice vote. 

After Thomas E. Perez was sworn in as the new Secretary of the Department of Labor (DOL) July 23, ABC sent a letter congratulating him on his confirmation and asking him to consider ABC’s concerns regarding DOL initiatives. 

The U.S. House of Representatives July 25 passed in a bipartisan vote of 265-155 to pass the Coal Residuals Reuse and Management Act (H.R. 2218), which would establish a baseline for coal combustion residuals (CCR) disposal while maximizing flexibility for individual states.