As the industry changes, so must we.

Photo by Andy Feliciotti on Unsplash

Updated 10/3/22 by TRI Lobbyist, Craig S. Brightup

Deferred Action for Childhood Arrivals (DACA)

On August 24, the Dept. of Homeland Security (DHS) issued its DACA final rule which codifies existing policies and is effective Oct. 31.  The DHS News Release explains that pursuant to a July 16, 2021 federal district court injunction, DHS can grant renewal requests but is prohibited from granting status to initial applicants.  The ruling struck down the DACA program finding it unlawful and freezing new applications while being appealed by the Biden Administration.  DACA was initiated by an Obama Executive Order granting work permits and deportation protection for participants, and it’s anticipated the 5th Circuit Court of Appeals could rule on the DACA’s legality any day now.

DOL/NLRB/OSHA Regulatory Developments

During an SBA Advocacy OSHA Roundtable on Sept. 16, it was reported that DOL is moving on an Overtime Rule and its Independent Contractor Rule was at the Office of Information and Regulatory Affairs (OIRA) at OMB.  OIRA cleared the Independent Contractor Rule’s Notice of Proposed Rulemaking which can now be issued when DOL feels it’s ready.  DOL is also redefining “joint-employer” under the Fair Labor Standards Act while the National Labor Relations Board (NLRB) does the same under the National Labor Relations Act and redefines “Independent Contractor” under that statute, too.  Finally, OSHA announced an expanded criteria for placement in its Severe Violator Enforcement Program (SVEP) and its revised Personal Protective Equipment in Construction Rule is at OIRA for review.

Supply Chain Developments

The White House-brokered agreement to avert a railroad worker strike is not a done deal with many union members feeling it’s too vague.  Voting to ratify the agreement will occur in October but the White House could forestall a work stoppage until after the Nov. 8 election if its defeated.  Also, while talks between the International Longshore and Warehouse Union and Port Management Association continue without a contract that expired July 1 for 22,000 West Coast workers, port security members of the ILWU authorized a strike and other affiliates are restless, too.  But White House pressure could ensure no work stoppages before Nov. 8 here, as well.   

House Republican Commitment to America

On Sept. 23, House Republicans unveiled their “Commitment to America” when taking the House on Nov. 8:

  1. “An economy that is strong” focusing on inflation, supply chain, China.
  2. “A nation that is safe” focusing on crime, the Southern border, Fentanyl.
  3. “A future that is free” focusing on child development, Big Tech.
  4. “A government that is accountable” focusing on oversight. 

Senate Republicans have no such document, but races are trending towards Republicans taking the Senate, too.


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