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On Nov. 12, a federal court of appeals issued a major decision in the Marin Audubon Society v. Federal Aviation Administration case concerning the validity of National Environmental Policy Act regulations governing federal environmental reviews. The ruling will potentially have wide-ranging implications for federal permitting actions subject to NEPA reviews.

On Nov. 15, ABC applauded the decision of the U.S. District Court for the Eastern District of Texas, which set aside the U.S. Department of Labor’s controversial 2024 final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees. The rule changed overtime regulations under the Fair Labor Standards Act.

The U.S. Department of Labor’s Wage and Hour Division recently announced a series of virtual compliance seminars to provide information on prevailing wage requirements for federally funded construction and service contracts. Each seminar will offer separate sessions focused on Davis-Bacon Act and Service Contract Act compliance.

ABC continues to fight against the Biden-Harris administration’s anti-growth and oppressive regulatory agenda, which creates significant uncertainty and barriers to job creation.

On Oct. 15, the U.S. Department of Defense issued a final rule establishing its Cybersecurity Maturity Model Certification Program requiring federal contractors and subcontractors competing for DOD contracts to demonstrate continued compliance with a range of cybersecurity measures in order to maintain eligibility for performing and winning new federal awards.

Effective Jan. 1, 2025, the EO 14026 minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase from $17.20 to $17.75 per hour. This minimum wage rate will apply to nontipped and tipped employees alike.

Effective Jan. 1, 2024, the Corporate Transparency Act requires certain entities, including many small businesses, to report information about the individuals who ultimately own or control them (also known as “beneficial owners”) to the Financial Crimes Enforcement Network, a bureau of the U.S. Department of the Treasury.

On Sept. 30, ABC launched an important survey to obtain ABC member contractor feedback on OSHA’s Heat Injury and Illness Prevention in Indoor and Outdoor Settings proposed rule. OSHA’s proposed rule would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime and agriculture sectors where OSHA has jurisdiction and require employers to develop programs and implement controls to protect employees from heat hazards.

On Aug. 15, the U.S. Department of Defense issued a proposed rule, Assessing Contractor Implementation of Cybersecurity Requirements, which seeks to implement contractual requirements for DOD contracts related to the recently proposed Cybersecurity Maturity Model Certification 2.0 Program. As currently proposed, the rule raises serious concerns regarding a lack of clear definitions and flexibility for federal contractors on DOD projects.

On Sept. 4, ABC joined industry partners in filing an amicus brief with the U.S. Supreme Court in the case Seven County Infrastructure Coalition v. Eagle County, Colorado, as the court considers whether the National Environmental Policy Act requires that agencies consider environmental impacts beyond the immediate effects of their regulatory decision.

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