On June 21, 2022, the Biden Administration unveiled its Spring 2022 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 (DOL) submission updates projected timelines for action already in progress of relevance to construction contractors, including Wage and Hour Division plans to issue a proposed rule revising the overtime regulations in October 2022 and a final rule updating the Davis-Bacon and Related Acts regulations in December 2022.
While not included in the agenda, DOL’s Wage and Hour Division also recently and publicly signaled that it will be initiating a rulemaking to replace a regulation issued by the Trump administration that gave employers an analytical framework for determining when a worker should be classified as an independent contractor or an employee under the Fair Labor Standards Act.
The agenda for DOL’s Office of Labor Management Standards includes an announcement of its intent to review the layout of the Form LM-10 and to consider proposing a requirement for employers to disclose on that form whether the filer is a federal contractor “and other related information.” The LM-10 is a form that employers file to make required disclosures of payments, loans, or gifts to unions and union representatives.
The Pension Benefit Guaranty Corporation’s agenda includes July 2022 plans to issue a proposed rule to prescribe actuarial assumptions that may be used by a multiemployer plan actuary in determining an employer’s withdrawal liability.
The National Labor Relations Board’s submission reveals the Board’s intention to release a proposed rule in July 2022 on the standard for determining joint-employer status under the National Labor Relations Act and one in September 2022 on representation election procedures, with a focus on revising regulations issued by the Trump Board in April 2020.
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.
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