On May 8, the U.S. House Committee on Small Business held a hearing titled, “Stifling Innovation: Examining the Impacts of Regulatory Burdens on Small Businesses in Healthcare.” Prior to the hearing, ABC sent a letter calling on Congress to provide compliance relief for employers by streamlining reporting requirements brought on by the Affordable Care Act.

ABC also highlighted its work with the Partnership for Employer-Sponsored Coverage that has laid out principles and priorities that are critical to ensuring employment-based health insurance thrives.

You can watch the full committee meeting here.

On March 21, the House Committee on Education and the Workforce passed the ABC-supported H.J. Res. 116, the Congressional Review Act resolution to nullify the U.S. Department of Labor’s independent contractor final rule, in a 21-13 vote with all Republicans present voting in support. Ahead of the markup, ABC sent a letter in support of the resolution and urged committee members to report it for a full House vote.

Learn more about the 2024 final rule. Also, watch the ABC-members only archived webinar in the Academy, "Learn What the DOL's Final Independent Contractor Rule Means for ABC Members."

On March 6, ABC sent a key vote letter to the U.S. Senate urging Senators to support the U.S. House of Representatives-passed H.J. Res. 98, Joint Employer CRA resolution of disapproval. If enacted, H.J. Res. 98 would not only prevent the rule from going into effect but would also prohibit a similar rule from being issued in the future.

In October 2023, the National Labor Relations Board released their ABC-opposed joint employer final rule. The final rule rescinds and replaces the ABC-supported 2020 NLRB joint employer final rule, which provided clear criteria for companies to apply when determining their joint employer status. ABC believes the new joint employer final rule will drastically alter existing contractor and subcontractor relationships in the construction industry, implementing a harsh new standard that will complicate this long-standing business arrangement and hit many smaller contractors with unsustainable legal and compliance costs.

On Jan. 12, the House passed H.J. Res 98 in a 206-177 vote, with 8 Democrats supporting. The resolution faces a more uncertain path in the Senate where a simple majority is needed to pass. Although President Biden has vowed to veto the resolution, passage in the House and Senate would send a strong message to the administration as they continue to implement harmful labor policies.

On March 6, Rep. Kevin Kiley, R-Calif., and Sen. Bill Cassidy, R-La., introduced a Congressional Review Act resolution to overturn the DOL’s new Independent Contractor final rule.

ABC sent a letter to members of the House and Senate expressing support for the CRA resolution. ABC also joined with a coalition of business organizations drafting a letter of support for the CRA resolution.

The resolution faces an uphill battle to passage in both chambers and a likely veto from the President, however, ABC remains committed to ensuring that this issue remains a priority for Congress this session.

Learn more about this issue, including ABC’s lawsuit, above and in Newsline here.

On Feb. 15, the U.S. House Committee on Small Business Subcommittee on Contracting and Infrastructure held a hearing titled “Leveling the Playing Field: Challenges Facing Small Business Contracting.” ABC sent a letter detailing the significant hurdles small businesses face while competing for federal construction projects, specifically through the Biden administration’s implementation of government mandated project labor agreements and a new Independent Contractor Classification standard. Cited in the letter was ABC’s Construction Backlog Indicator that declined to 8.4 months in January, according to an ABC member survey conducted from Jan. 22 to Feb. In addition, the National Federation of Independent Business’ recent study showed that owners who expect higher real sales volumes fell 12% last month and a larger share of small business owners reported lower earnings over the last three months.

You can view the full hearing here.

On Feb. 15, the U.S. House Committee on Transportation & Infrastructure Subcommittee on Highways and Transit held a hearing on the Implementation of Buy America Provisions of the Infrastructure Investment and Jobs Act. In a letter to the Subcommittee, ABC expressed concern over the immediate implementation of the guidance’s domestic content requirements. In 2023, ABC commented on the proposed guidance to urge OMB to balance Buy America requirements with safeguards against increased costs and delays of infrastructure projects funded by taxpayers.

You can view the full hearing here.

On Feb. 1, ABC joined a letter to members of the U.S. House of Representatives’ Committees on Small Business and of the Judiciary supporting reform in implementation of the Regulatory Flexibility Act. You can find a link to the coalition letter here. The letter urges legislative action to strengthen the meaningful input of small businesses in federal regulatory processes and ensure that the intent of the Regulatory Flexibility Act is fulfilled. The Regulatory Flexibility Act (RFA) encourages federal regulatory agencies to consider negative impacts of new mandates in an effort to prevent excessive red tape on small businesses.

Loopholes in the RFA allow federal regulators to bypass the law's requirements and misrepresent costs of new mandates.

This week, the House will vote on H.J. Res. 98, a resolution to block the National Labor Relations Board’s new joint employer rule. ABC issued a key vote in support of the resolution and against the new rule that has faced opposition from ABC and a number of the nation’s major business groups.

The final rule, set to take effect in February, rescinds and replaces the ABC-supported 2020 NLRB joint employer final rule, which provided clear criteria for companies to apply when determining their joint employer status, and will disrupt existing contractor and subcontractor relationships throughout the construction industry. The resolution is expected to pass the House with at least some bipartisan support and Sens. Bill Cassidy, R-La., and Joe Manchin, D-W.Va., have been leading the effort to defeat the NLRB rule in the upper chamber.

On Dec. 13, ABC sent a letter to the House Committee on Education and the Workforce prior to its markup of key bills impacting the construction industry.

The letter highlights ABC’s support for H.R. 6655, the bipartisan A Stronger Workforce for America Act, which would reauthorize the Workforce Innovation and Opportunity Act for the first time since 2014 and includes several ABC-backed provisions that support an all-of-the-above approach to workforce development, ensures more dollars for tangible worker programs, better aligns programs with in-demand jobs, and allows for better evaluation of WIOA programs. ABC also supported the committee’s markup of H.J. Res. 98, a Congressional Review Act resolution to overturn the Biden administrations harmful joint employer final rule, and H.R. 3400, the Small Business Before Bureaucrats Act, to modernize the National Labor Relations Board’s decades old jurisdictional standards to exempt more small businesses from their regulatory overreach. ABC’s letter also expresses concerns with H.R. 6585, the Bipartisan Workforce Pell Act, which, while seeking to expand Pell Grants to high-quality, short-term workforce programs, could exclude some vital construction workforce education and upskilling programs.

ABC also joined with the Coalition for a Democratic Workplace to comment on the Subcommittee on Health, Education, Labor, and Pensions hearing. The hearing examined the ABC-supported Employee Rights Act (H.R. 2700), Modern Worker Empowerment Act (H.R. 5513), and Save Local Business Act (H.R. 2826), which are designed to protect workers, entrepreneurs, small businesses, and the economy from a rogue National Labor Relations Board.

Rep. Lloyd Smucker, R-Pa., was joined by 22 of his colleagues in the House in the introduction of a Congressional Review Act resolution to overturn the Biden administration inflationary Davis Bacon rule. ABC led a coalition of construction organizations in support for the CRA and continues to urge members to cosponsor the CRA. Last week, ABC also announced the filing of a complaint in the U.S. District Court for the Eastern District of Texas, challenging the U.S. Department of Labor’s controversial final rule, and you can read more in ABC’s press release on the challenge.