The U.S. Court of Appeals for the Fourth Circuit agreed with two other courts July 17 by ruling the president violated the Constitution when he bypassed the U.S. Senate to make recess appointments to the National Labor Relations Board (NLRB). 

As part of a the Coalition for Fair Effective Tax Rates, ABC will be advocating for the use of effective tax rates—or the percentage of income businesses pay in taxes—as the clearest way to judge the impact of tax reform on businesses as Congress tackles this issue. 

According to OSHA’s latest semiannual regulatory agenda, released July 3, the agency plans to issue two new proposals related to recordkeeping and cranes and derricks in construction. The regulatory agenda lists the priorities of the administration and the rulemakings they expect to release this year; however, OSHA is not required to adhere to the timeline.

The EPA continues to move forward with a potential rulemaking that would expand the existing Lead Paint Renovation and Repair and Painting rule to include public and commercial buildings. The proposed rulemaking, which likely would regulate renovation, repair and painting activities on and in public and commercial buildings to address possible lead-based paint hazards, is listed on EPA’s regulatory agenda for July 2015.

On July 12, the Federal Motor Carrier Safety Administration issued revised guidance under the hours of service (HOS) rules for how commercial drivers should record and take breaks.

The DOL announced in its July 3 regulatory agenda that it will be indefinitely suspending previous wage calculation methods for H-2B temporary worker visas – which have been blocked both in federal courts and on Capitol Hill – and moving forward with its “emergency” interim final rule issued in April in conjunction with the Department of Homeland Security. The interim final rule became effective April 24, when it was issued.

As part of a deal to avert a “nuclear option” to end filibuster rules in the U.S. Senate, the nominations of Richard Griffin and Sharon Block to the NLRB were withdrawn. Griffin and Block were two of the members illegally recess appointed to the board by President Obama in 2012. They were renominated by the president in February. 

The IRS July 11 released guidance on the one-year delay of the employer shared responsibility provisions (or employer mandate) and information reporting requirements in the Patient Protection and Affordable Care Act. The delay was originally announced July 2 by the Treasury Department in a blog post. 

The DOL on July 3 released its spring regulatory agenda outlining the activities of its sub-agencies for the remainder of 2013, including OSHA. The regulatory agenda lists the priorities of the administration and the rulemakings they expect to release this year; however, OSHA is not required to adhere to the timeline. 

OSHA has officially withdrawn a proposed rule that would have changed how the agency operated its On-site Consultation Program for worksites, including those that have Safety and Health Achievement Recognition Program status. The agency withdrew the rule after reviewing comments, including those submitted by ABC and the Coalition for Workplace Safety.