All contracts entered into after Oct. 23 are subject to the new rule’s provisions. Additionally, in certain situations, the rule may apply to existing contracts. This includes if a contract is changed to include substantial Davis-Bacon-covered work not within the scope of the original contract, if an option to extend a contract’s term is exercised, and for ongoing contracts not tied to the completion of a particular project. ABC continues to consider options for a potential legal challenge to the final rule. Overtime On Sept. 8, 2023, the DOL published a new proposed rule that would alter the “white collar” overtime exemption regulations. Specifically, the proposal would significantly raise the minimum salary level needed to qualify as exempt. The Partnership to Protect Workplace Opportunity, of which ABC is a steering committee member, created a grassroots toolkit for members to respond to the U.S. Department of Labor’s new overtime proposed rule. ABC is disappointed that the DOL is moving forward with a proposed overtime rule since multiple industries, like construction, are still grappling with the lingering economic consequences of inflation, global supply chain disruptions, rising material prices, and workforce shortages, all of which push operational costs ever higher,” said Ben Brubeck, ABC vice president of regulatory, labor, and state affairs, in a statement immediately following the DOL announcement.
Office of Labor-Management Standards
Form LM-10 Employer Report Employers must file the Form LM-10 report with the OLMS to disclose certain payments, expenditures, agreements, and arrangements, including the hiring of outside labor relations consultants to help inform their employees regarding union organizing or collective bargaining, known as “persuader activities.” ABC submitted a comment letter to the DOL opposing the revision.
U.S. Department of the Treasury
Inflation Reduction Act Prevailing Wage and Apprenticeship Regulations The U.S. Treasury Department’s Internal Revenue Service released a proposed rule and FAQs on provisions of the ABC-opposed Inflation Reduction Act, which will affect the developers, contractors, and workers that are building clean energy projects eligible for more than $270 billion in federal tax credits. ABC also led a coalition of 13 construction and business associations in comments urging the IRS to provide regulatory clarity and to abandon its illegal and coercive scheme to push clean energy project developers into requiring PLAs. In addition, ABC encourages ABC members and other contractors to connect with more than 400 government-registered apprenticeship programs offered by ABC chapters that can help contractors meet IRA apprenticeship requirements and win contracts for clean energy projects seeking the full IRA tax credits. Source: https://www.abc.org/News-Media/Newsline/abcs-novemberregulatory-rounduplearn-about-the-latest-developments-affecting-theconstruction-industry
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