Tile Roofing Industry Alliance Lobbyist, Craig Brightup, has provided the latest government relations update and activities on the following from October 2024:
DOL Crackdown on Workplace Provisions
On Oct. 15, U.S. Dept. of Labor (DOL) Solicitor Seema Nanda issued a Special Enforcement Report targeting seven “coercive” workplace contract provisions for stepped-up DOL enforcement:
- Requiring workers to waive wage and hour rights.
- Incorrectly classifying workers as Independent Contractors.
- Shifting liability for legal violations to workers or others.
- Forcing a losing party to pay attorneys’ fees in legal disputes.
- Stay-or-pay provisions.
- Confidentiality, non-disclosure, and non-disparagement.
- Requiring workers to internally report safety concerns before going to the government.
Non-Compete Clauses and Stay-or-Pay Provisions
The Federal Trade Commission (FTC) gave notice on Oct. 18 that it will appeal a Texas federal judge’s decision to block its ban on employment non-compete agreements. Also, the National Labor Relations Board (NLRB) General Counsel sent an Oct. 7 memo to staff outlining a plan to punish employers that use “overbroad” non-compete agreements. The NLRB memo also takes aim at “stay-or-pay” provisions (agreements where workers are asked to repay their employer if they separate from employment within a certain period of time).
DOL OT Rule
Legal battles continue but so far, the DOL Overtime (OT) rule has been blocked only as it applies to Texas as an employer while a district court hears the full legal challenge. The same judge or others could extend the ruling nationwide but until that happens, the rule’s July 1 increased salary threshold for determining when certain salaried employees are eligible for OT compensation remains in effect and employers should plan for another salary threshold increase effective Jan. 1, 2025, resulting in a larger pool of employees eligible for OT.
Warehouse Worker Protection Act
Sens. Ed Markey (D-MA) and Josh Hawley (R-MO) have introduced the Warehouse Worker Protection Act, S. 5208, which would impose a number of new mandates on employers who operate warehouse distribution centers and other workplaces. Particularly concerning is that the bill would resurrect OSHA’s ergonomics standard which was repealed by a Congressional Review Act resolution in 2001. TRIA and NRCA signed the Oct. 8 Coalition for Workplace Safety letter to the Senate HELP Committee opposing the bill.
For more information on the TRIA Alliance and our Government Relations efforts, please visit our website at www.tileroofing.org.