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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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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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DOL Delays Effective Date of ABC-supported Independent Contractor Final Rule

On March 2, the U.S. Department of Labor’s Wage and Hour Division announced a final rule that delays the Trump administration’s DOL independent contractor final rule’s effective date from March 8 to May 7, 2021. On Feb. 24, ABC submitted comments in opposition to the DOL’s proposal to delay the effective date because the final rule provides urgently needed clarification of the independent contractor standard applicable under the Fair Labor Standards Act.

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ABC, Business Groups Call for Modernized Permitting Process Under NEPA

On March 2, ABC joined dozens of members of the Unlock American Investment Coalition in calling on Congress to improve and modernize the federal permitting process under the National Environmental Policy Act.

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DOL Expands Eligibility of State Unemployment Insurance Programs

On Feb. 25, the U.S. Department of Labor’s Employment and Training Administration issued updated guidance for the Pandemic Unemployment Assistance program, expanding eligibility for workers who may be able to participate.

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ABC Welcomes New Beam Club Hall of Fame Level Member Jay Zahn

ABC has added Wisconsin Chapter member Jay Zahn of R & R Insurance Services Inc. to the Beam Club Hall of Fame Level.

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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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Biden Rescinds Trump IRAP Executive Order and Supports ABC-opposed Apprenticeship Bill

On Feb. 17, President Biden rescinded the Trump Administration’s Executive Order 13801, which promoted industry-recognized apprenticeship programs, and expressed his support for the House-passed and ABC-opposed National Apprenticeship Act of 2021. ABC is working with lawmakers to reconsider these rulemakings and to advocate for an all-of-the-above workforce development strategy.

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ABC Advocates for a Fair and Open Competitive Bidding Process on Infrastructure Projects in Senate Hearing

On Feb. 24, ABC submitted a letter for the record to the U.S. Senate Committee on Environment and Public Works for its hearing, “Building Back Better: Investing in Transportation While Addressing Climate Change, Improving Equity and Fostering Economic Growth and Innovation,” to urge the committee to consider policies that will increase competition, reduce costly and ineffective regulations and address the construction industry’s skilled worker shortage.

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U.S. DOT Promotes Government-mandated Project Labor Agreements in Infrastructure Grant Program

In a concerning development for the merit shop contracting community and hardworking taxpayers, the U.S. Department of Transportation is encouraging the use of government-mandated project labor agreements on federally assisted construction projects funded through a grant program administered by the DOT’s Build America Bureau.

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ABC Welcomes New Beam Club Hall of Fame Level Member Brian Wieser

ABC has added Wisconsin Chapter member Brian Wieser of Wieser Brothers General Contractors Inc. to the Beam Club Hall of Fame Level.

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