On March 25, the U.S. House Committee on Education and the Workforce Subcommittee on Workforce Protections held a hearing title, “The Future of Wage Laws: Assessing the FLSA’s Effectiveness, Challenges, and Opportunities.” Ahead of the hearing, ABC sent a letter to the committee in support of legislation that clarifies who qualifies as an independent contractor and protects workers who have long been properly classified as independent contractors in the construction industry:

• H.R.1319, the Modern Worker Empowerment Act, introduced by Rep. Kevin Kiley, R-Calif., which amends the FLSA to base worker classification determinations on two clear tests: a business’s control over a worker’s work and how it is performed and the worker’s opportunity to express entrepreneurial discretion. This legislation also clarifies that safety, legal and insurance guidelines and contractual project completion deadlines are not determinants of worker classification. Further, it would ensure the worker classification standard is consistent between the FLSA and the National Labor Relations Act.
• H.R.1320, the Modern Worker Security Act, introduced by Rep. Kiley, which provides businesses with the opportunity to offer flexible or portable benefits to workers without the risk of the provision of these benefits jeopardizing worker classification determinations.

ABC also encouraged representatives to reintroduce H.R.1980, the Working Families Flexibility Act, from the 117th Congress. This legislation amends the FLSA to provide workers choice between compensatory overtime pay and compensatory time off at a rate not less than 1.5 times hours worked.

In addition to the letter, ABC joined other coalitions of trade associations, including the Independent Work Coalition, in submitting letters in support of the Modern Worker Employment Act, Modern Worker Security Act, Working Families Flexibility Act, and the Ensuring Workers get PAID Act.

On March 11, the U.S. House Committee on Small Business Subcommittee on Oversight, Investigations, and Regulations held a hearing titled, “Restoring the SBA: Putting Main Street America First.” Ahead of the hearing, ABC sent a letter to the Committee calling on Congress to empower the SBA and small businesses around the country to keep federal agencies in check when implementing new regulations. The letter specifically supports the ABC-supported Prove It Act which strengthens the Regulatory Flexibility Act (H.R. 1163) by allowing Main Street businesses, and groups like ABC, to petition the SBA to examine whether a federal regulation would have significant economic effects on a large number of small businesses.

In the hearing, Prove It Act sponsor Rep. Brad Finstad, R-Minn., touted the bill, noting that it helps small business navigate the regulatory environment. Alfredo Ortiz, CEO of Job Creators Network, added that the bill, “is a game changer… for too long, agencies have been given a pass from showing the impact of regulations on small businesses. Having the opportunity to have a seat at the table at the beginning of thew process rather than at the end of the process is critical.” You can watch their exchange here.

On Feb. 5, the U.S. House Committee on Oversight and Government Reform held a hearing, Rightsizing Government. The hearing focused on eliminating waste, fraud and abuse by the federal government. Ahead of the hearing, ABC sent a letter to the Committee highlighting how the Biden administration’s Use of Project Labor Agreements for Federal Construction Projects final rule eliminated merit-based federal contracting and increased taxpayer costs by 12-20%. The letter urged Congress and the Trump administration to Congress and the Trump administration have the opportunity to restore merit to federal contracting by advancing fair and open competition. Rep. Clay Higgins, R-La., who serves on the Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs, entered ABC’s letter into the hearing record. The Congressman's remarks may be seen here. 

On Feb. 5, the U.S. House Committee on Small Business held a hearing titled, “Hope on the Horizon: Prioritizing Small Business Growth in the 119th Congress.” Ahead of the hearing, ABC sent a letter to the committee calling for deregulation and sound legislation in the 119th Congress to help small businesses succeed.

During the hearing, Rep. Brad Finstad, R-Minn., touted the Prove It Act of 2024, which he introduced in the 118th Congress. ABC key voted the bill, which strengthens the Regulatory Flexibility Act by allowing industry groups, like ABC, to petition the Small Business Administration to examine whether a federal regulation would have significant economic effects on a large number of small businesses, among other things. You can view Rep. Finstad’s remarks from the hearing here.

In addition, Rep. Brian Jack, R-Ga., highlighted the need for deregulation for the small business community. When Rep. Jack asked witness Bill New of New Industries, Inc., a steel fabrication company, about the benefits of deregulation could be, New responded, “I think like a lot of small businesses – I’m not looking for a handout, I’m just looking for a level playing field. Then get out of my way.” You can view New’s comment here.

You can view the full committee hearing here.

On Jan. 22, the U.S. House of Representatives Committee on Transportation and Infrastructure’s Subcommittee on Highways and Transit held a hearing “America Builds: Highways to Move People and Freight.” Witnesses for the hearing included Jim Tymon, the Executive Director of American Association of State Highway and Transportation Officials; Janet Kavinoky, Vice President of External Affairs and Corporate Communications at Vulcan Materials Company;  Dennis Dellinger, President and CEO of Cargo Transporters, Inc. and Chairman of the American Trucking Associations; and Matthew Colvin, Chief of Staff for the Transportation Trades Department of the AFL-CIO. The hearing focused on issues impacting the supply chain, including infrastructure construction, workforce development and freight.

ABC sent a letter to the Subcommittee ahead of the hearing urging it to consider fair and open competition, all-of -the-above workforce development, and Davis-Bacon repeal/reform within the Surface Transportation Act reauthorization.

On Jan. 9, ABC and a diverse group of two dozen construction and business groups sent a letter to President-elect Donald Trump urging him to eliminate President Joe Biden’s final rule implementing Executive Order 14063 requiring federal construction contracts of $35 million or more to be subjected to anti-competitive and inflationary project labor agreements. The coalition letter also called for the repeal of additional Biden administration policies pushing PLA mandates and preferences on federally assisted construction projects procured by private developers and local and state governments.

“In place of these failed Biden administration policies, we request a new executive order that restricts government-mandated PLAs and restores robust fair and open competition on federal and federally assisted construction projects,” said the coalition letter. “This will save taxpayers an estimated $10 billion per year on public works projects annually and restore opportunities for all of the construction industry to rebuild America."

Learn more here.

On Dec. 5, in a 208-196 vote, the U.S. House of Representatives passed H.R. 7198, the Prove It Act of 2024. Ahead of the vote, ABC sent a key vote letter to members of the House urging them to support the bill. The Prove It Act strengthens the Regulatory Flexibility Act by allowing industry groups, like ABC, to petition the Small Business Administration to examine whether a federal regulation would have significant economic effects on a large number of small businesses. Agencies are not required to perform a regulatory flexibility analysis if they certify that a proposed rule would not have a significant economic impact on a substantial number of small entities. The Prove It Act would allow groups like ABC to petition the SBA to challenge an agency’s claim and request an analysis if they see fit. In addition, there is a provision in the bill that would allow the SBA’s Office of Advocacy to throw out rules if the issuing agency doesn’t reevaluate them at least once a decade to assess their continued need, complexity, and economic effects on small businesses.

ABC supported this legislation along with other Regulatory Flexibility Act related bills during the September House Small Business Committee markup.

On Sept. 19, the U.S. House Committee on Small Business held a hearing titled, “Holding the SBA Accountable: Testimony from Small Business Administrator Guzman.” Ahead of the hearing, ABC sent a letter to the committee urging Administrator Guzman to consider the SBA’s Office of Advocacy as the Biden-Harris administration continues to implement harmful regulations that effect small businesses. In 2023, the National Federation for Independent Business produced a study of rules and found 28 instances where they cited agencies for a lack of compliance with the Regulatory Flexibility Act, which was specifically designed to protect small businesses from the disproportionate effects regulations can have on their work.

You can view the full committee hearing here.

ABC and the Coalition for a Democratic Workplace issued letters of support for H.J.Res.203, Rep. Burlison's Congressional Review Act challenge to the NLRB's Representation-Case Procedures Final Rule, which was issued on August 1. If passed, the CRA would nullify the final rule, and the Board would be prohibited from issuing a substantially similar rule in the future. 

The NLRB's Final Rule eliminated common sense measures meant to protect workers' rights during the union representation election process, including:

• Reinstated the Board's "blocking charge" policy, which allows unions to halt representation or decertification elections by alleging the employer has committed unfair labor practices until the charges are resolved;
• Eliminated the 45-day window in which employees could challenge a union's majority support and demand a secret ballot election after their employer has voluntarily recognized the union based on signed authorization cards, or "card check;"
• Rescinded the requirement that unions in the construction industry maintain proof of majority support if they want an exclusive collective bargaining relationships that is resistant to challenge

These policies force employees into unions they may not want and make it more difficult for employees to decertify unions that no longer have support from the workforce, undermining employee free choice.

In February 2023, ABC submitted comments in opposition to the NLRB proposed rule. ABC also signed on to CDW’s comment letter along with 12 other employer organizations. CDW argued that the proposed rulemaking would “negatively affect the Board’s representation case jurisprudence, undermine the agency’s statutory goals and reputation, diminish employee free choice and upset the balance of countervailing interests.” Yet, consistent with NLRB Chair Lauren McFerran’s record, the NLRB disregarded stakeholder feedback and advanced a radical rulemaking that strips employees of their rights in the workplace.

On September 11, the House Committee on Natural Resources held a legislative hearing on NEPA legislation including Rep. Westerman’s discussion draft, H.J. Res. 168 and H.R. 6129.  ABC sent a letter to the committee ahead of the hearing highlighting how the Biden-Harris administration's Council on Environmental Quality NEPA Phase 1 and Phase 2 final rules are making it more difficult to build important projects, marking a major step backward for critical infrastructure, the construction industry and America’s economic future. In the letter, ABC called on the Committee to advance Rep. Westerman’s discussion draft, H.J. Res. 168 and H.R.6129, which promote a coordinated, predictable and transparent process to streamline permitting.