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ABC Slams U.S. DOL’s Withdrawal of Trump-era Independent Contractor Final Rule

May 05, 2021

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.

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From the category archives: GA - Compliance

ABC Slams U.S. DOL’s Withdrawal of Trump-era Independent Contractor Final Rule

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.

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DOL Launches COVID-19 Worker Protections Resource Page

The U.S. Department of Labor’s Wage and Hour Division launched its Essential Workers – Essential Protections initiative to provide resources and offer information on common issues that employers and employees face during the COVID-19 pandemic.

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OSHA Issues New FAQs on Recording Illnesses Caused by Required and Recommended COVID-19 Vaccinations

The U.S. Department of Labor’s Occupational Safety and Health Administration recently posted new Frequently Asked Questions on recording illnesses caused by required and recommended COVID-19 vaccinations.

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ABC Opposes DOL’s Proposals to Rescind Trump-era Independent Contractor and Joint Employer Rules

On April 12, ABC submitted comments in opposition to proposals from the U.S. Department of Labor’s Wage and Hour Division to rescind the Trump-era independent contractor and joint employer final rules.

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EEOC to Open EEO-1 Component 1 Data Collection for 2019 and 2020

The U.S. Equal Employment Opportunity Commission announced that the 2019 and 2020 EEO-1 Component 1 data collection will open on Monday, April 26, 2021, and the deadline for filing this data will be Monday, July 19, 2021.

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OFCCP Announces Annual VEVRAA Hiring Benchmark

On March 30, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs updated its Annual Vietnam Era Veterans’ Readjustment Assistance Act Benchmark Database to reflect a new hiring benchmark of 5.6%, which is effective March 31.

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ABC Files Lawsuit Against DOL for Delaying the Trump Administration’s Independent Contractor Final Rule

On March 26, ABC, ABC’s Southeast Texas Chapter and the Coalition for Workforce Innovation filed suit against the U.S. Department of Labor regarding its delay and proposed withdrawal of the Trump DOL independent contractor final rule. The complaint alleges the Biden administration arbitrarily and without authority delayed the final rule from going into effect, depriving many contractors of clear and uniform guidance on the proper standard for compliance with the Fair Labor Standards Act.

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OFCCP Issues Updated 2020 Supply and Service Scheduling List for Federal Contractors

The Office of Federal Contract Compliance Programs has issued an amended Corporate Scheduling Announcement List for fiscal year 2020, which will help explain the requirements federal contractors need to follow to stay compliant as they work on federal and federally assisted projects.

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ABC Makes Recommendations to OSHA as it Considers Whether to Issue a COVID-19 Emergency Temporary Standard

On March 2, ABC, as a member of the Construction Industry Safety Coalition’s steering committee, sent a letter to the U.S. Department of Labor’s Occupational Safety and Health Administration Principal Deputy Assistant Secretary James “Jim” Frederick that outlined recommendations that OSHA should consider as it deliberates the need for an emergency temporary standard on COVID-19.  President Biden’s recent Executive Order 13999 on Protecting Worker Health and Safety directed OSHA to consider whether an ETS is warranted to address COVID-19 in the workplace.

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ABC Opposes DOL’s Proposal to Delay Effective Date of Independent Contractor Final Rule

On Feb. 24, ABC submitted comments in opposition to the U.S. Department of Labor’s Wage and Hour Division proposal to delay the effective date of the Trump DOL’s final independent contractor rule from March 8 to May 7.

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