Posts Tagged 'Regulatory'

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Injunction Blocks Overtime Rule

Responding to a legal challenge filed by Associated Builders and Contractors (ABC) and a coalition of business groups, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s final overtime rule from taking effect Dec. 1. 

Trump Administration Promises Regulatory Relief

In November, Democrats netted a total of six seats in the U.S. House of Representatives and two seats in the U.S. Senate, falling short of the predictions of many political experts. Additionally, more than 200 candidates endorsed by Associated Builders and Contractors (ABC) in the House and 21 in the Senate were elected or re-elected, reflecting a better than 90 percent candidate success rate for those ABC endorsed. 

Revised I-9 Form Now Available; Required by Jan. 22

The Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) have released a revised I-9 Form that employers must use beginning Jan. 22, 2017, to verify all new hires' employment eligibility, including U.S. citizens and non-citizens. Employers who fail to use the new form on or after Jan. 22 may be subject to penalties.

Proposed Death Tax Increase Targets Family-Owned Businesses

The U.S. Department of the Treasury issued proposed regulations targeting the valuation practices of family-owned businesses that would lead to dramatically higher estate and gift taxes by eliminating the use of discounts currently permitted.

Preliminary Injunction Granted Against ‘Blacklisting’ Final Rule

On Oct. 24, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction that prevents the Federal Acquisition Regulatory (FAR) Council from implementing the Fair Pay and Safe Workplaces final rule, commonly referred to as the blacklisting rule, which was scheduled to go into effect on Oct. 25.

‘Blacklisting’ Final Rule Takes Effect

Under the new “blacklisting” rule, effective Oct. 25, federal contractors and subcontractors are required to disclose any violations of 14 federal labor laws and OSHA-approved state plans to an Agency Labor Compliance Advisor (ALCA). ALCA will perform an assessment of the violations and make a recommendation to the contracting officer about whether a federal contractor is responsible enough to be awarded a contract covered by this rule. 

New Overtime Rule Raises Exemption Threshold to $47,476

The Protecting Workplace Advancement and Opportunity Act (S. 2707/H.R. 4773) has been proposed to require the DOL to examine the impact on stakeholders, including the public sector, before implementing any changes to the exemptions. The employer community is expected to redouble its efforts in support of this legislation and other solutions. 

OSHA Delays Enforcement of Anti-Retaliation Provisions in Electronic Reporting Rule

OSHA has delayed enforcement of the anti-retaliation provisions in its electronic injury reporting final rule from Aug. 10 to Nov. 1. Just days before the announcement, Associated Builders and Contractors (ABC), TEXO and a coalition of stakeholders filed a lawsuit challenging the rule’s anti-retaliation provisions, which will limit some forms of post-accident drug testing and safety incentive programs by deeming them to be unlawfully retaliatory.

OSHA Finalizes Electronic Recordkeeping Rule

Effective Aug. 10, companies in high-hazard industries (including construction) with at least 20 employees must electronically submit injury and illness information, which OSHA will then post on its website.

Be Prepared for More Invasive OSHA Inspections

OSHA is shifting its inspection process to a more complex and potentially invasive audit. Under the new inspection criteria, OSHA could be at a business for days instead of hours. 

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