By Craig Brightup, TRI Alliance Washington Lobbyist
Unified Agenda of Federal Regulations
The federal government must publish the status of agencies’ regulatory actions twice yearly and the White House Office of Management and Budget (OMB) recently released the Spring 2023 Unified Agenda of Regulatory Actions.
Here are additional DOL/OSHA details:
- DOL Independent Contractor Rulemaking – not at OMB yet, final regulation possible in October.
- DOL Overtime Rulemaking – not reviewed by OMB yet, proposed regulation projected for August.
- OSHA Healthcare ETS Final Regulation – at OMB since December and a final regulation possible this month.
- OSHA Union Walkaround Regulation – not at OMB yet, proposed regulation could slip to July-August.
- OSHA Recordkeeping Reporting Regulation – at OMB since December, final regulation possible this month.
- OSHA Heat Illness Prevention Standard – Small Business Regulatory Enforcement Fairness Act panel to review soon.
On June 13, the National Labor Relations Board issued its decision inThe Atlanta Opera case overturning the Trump-era SuperShuttle decision reinstating the Obama-era FedEx Home Delivery standard for whether a worker is an independent contractor under the National Labor Relations Act. Per the Coalition for a Democratic Workplace led by Associated Builders & Contractors, “The decision…ignores the DC Circuit’s rebuke of FedEx Home Delivery, in which the court criticized the Board for its attempt to implement a narrow independent contractor standard beyond what was permissible by the common law.” Also, on May 30, the NLRB’s General Counsel issued a memo finding that many employer-mandated non-compete agreements infringe on employees’ rights under the National Labor Relations Act.
West Coast Labor Negotiations
On June 14, the International Longshore and Warehouse Union (ILWU) and Pacific Maritime Association announced a tentative agreement on a new six-year contract. The ILWU represents over 22,000 workers at 29 West Coast ports and this new collective bargaining agreement must be ratified over the next 6-8 weeks.
TPS Extended for Migrants from Certain Countries
The Biden Administration has extended temporary protected status (TPS) for over 330,000 immigrants. This allows migrants from El Salvador, Honduras and Nicaragua to renew work permits for 18 months.
Roofing Industry Urges Congress to Support CTE
Per the attached letter to Congress signed by TRIA, the roofing industry is urging that more funds be allocated to Career and Technical Education (CTE) programs for Fiscal Year 2024