Fall 2018 Regulatory Agenda Unveils Priorities of Federal Labor Agencies

On October 17, 2018, the Trump Administration unveiled its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions mapping out federal agency priorities for the coming months.  This bi-annual publication informs the public of regulations under consideration or planned by federal agencies. The present agenda includes several submissions by labor agencies.

The U.S. Department of Labor’s submission updates projected timelines for action already in progress and adds several new actions of relevance to construction contractors, such as a:

  • proposed rule revising the overtime regulations;
  • proposed rule to update the regulations governing apprenticeship programs;
  • proposed rule to revise the law governing time-and-a-half overtime calculations by redefining the regular rate of pay;
  • proposed rule expanding the usage of HRA’s;
  • proposed rule establishing criteria for the sponsorship of association retirement plans; and a
  • proposed rule to clarify the joint employer standard under FLSA

The Equal Employment Opportunity Commission also revealed plans for several actions.  Most notably is a delay of initiatives to revise its regulations governing employer-sponsored wellness programs.  The wellness regulations were previously slated for a proposed update by January 2019, but the most recent agenda sets a new date of June 2019.

The National Labor Relations Board has provided updates on two initiatives underway:

  • following last year’s request for information regarding possibly revisions to regulations establishing representation-election procedures, the Board has downgraded the initiative to the long-term agenda and provided a “to be determined” date for issuance of a proposed rule;
  • confirming rulemaking to establish the standard for determining joint-employer status under the National Labor Relations Act, the Board notes that the comment period for its proposed rule is currently open and set to close on November 13.

AGC regularly provides input on regulatory actions through the public comment process and stakeholder meetings with agencies and the administration.  AGC will monitor and consider participation in these actions, and will notify members of significant developments.

For more information, contact Claiborne Guy at or 703-837-5382.

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