Tile Roofing Industry Alliance Lobbyist, Craig Brightup, has provided the latest government relations update and activities on the following:
DOL Independent Contractor Rule
On Jan. 9, the U.S. Dept. of Labor (DOL) announced a final rule, effective March 11, revising DOL’s test for determining who is an employee or independent contractor under the Fair Labor Standards Act. The final rule rescinds the Trump Administration rule, which brought clarity by focusing on two key factors for determining worker status, and replaces it with six vague factors made more fluid by a seventh clause which says, “additional factors may be considered if they are relevant to the ultimate question of whether the workers are economically dependent on the employer for work or in business for themselves.” This gives regulators total discretion and almost guarantees no independent contractor determinations. On Jan. 16, a group of freelance writers filed the first lawsuit challenging the rule in a Georgia federal court. A delay would help as DOL Wage & Hour Administrator Jessica Looman has said construction will be the focus of agency enforcement once the rule goes into effect.
NLRB Joint-Employer Rule
On Jan. 12, the U.S. House passed a Congressional Review Act resolution (H.J. Res. 98) to revoke the National Labor Relations Board’s Joint-Employer Rule by a vote of 206-177, with all voting Republicans and eight Democrats supporting the measure. A lawsuit challenging the rule brought by the Associated Builders & Contractors, Associated General Contractors, American Hotel & Lodging Association, International Franchise Association, National Retail Federation, and U.S. Chamber, is pending in the U.S. District Court for the Eastern District of Texas.
Continuing Resolution to March
On Jan. 18, the House passed a Continuing Resolution (CR) to avert a partial U.S. government shutdown. The CR funds some agencies through March 1 and others through March 8 at FY23 levels. The House approved the measure by a vote of 314-108, with Republicans split, after the Senate passed it by a vote of 77-18. The CR affords lawmakers another six weeks to pass a dozen appropriations bills to fund the government though Sept, 30, 2024.
House Condemns Biden Handling of Border
On Jan. 17, fourteen House Democrats voted with Republicans for a resolution slamming the Biden Administration for its handling of the southern border. The non-binding resolution passed 225-187 and “denounces the Biden Administration’s open-borders policies “ and “condemns the national security and public safety crisis” resultant from them.
TRIA Washington Fly-In/Roofing Day in DC
Roofing in Day in DC is April 16-17 and TRIA’s Washington Fly-In will occur around it. TRIA’s group will meet for dinner on Monday (4/15), have Hill meetings Tuesday (4/16) until Roofing Day sessions start, and there will be TRIA functions after Wednesday’s (4/17) Roofing Day activities and Thursday morning (4/18). More info will be coming, and for Roofing Day registration, Grand Hyatt rooms, etc., here are NRCA’s links: Register now for our April 16-17 event to take advantage of early bird pricing. Book your hotel at the Grand Hyatt Washington, view the itinerary and learn more about our 2024 advocacy issues, which will focus on workforce challenges and pro-growth tax reform.