Posts tagged CRA
WIOA Reauthorization Draft Includes “Blacklisting” Provision, Violating Employers’ Due Process Rights
July 3, 2024 // The blacklisting provision, if implemented, would bar employers from WIOA funding based on findings that are still subject to appeal. As a result, an employer may be denied funding even though a court may rule on appeal that the employer did not violate the law. Efforts to blacklist employers from federal initiatives and funding began under the Obama administration when it issued Executive Order 13673, “Fair Pay and Safe Workplaces,” in July 2014. The Executive Order called for the debarment or suspension of federal contractors from the federal procurement process for allegations of labor and employment law violations. A final rule and guidance implementing the Executive Order were issued in August 2016, but both were blocked from taking effect by the U.S. District Court for the Eastern District of Texas and by Congress via a Congressional Review Act (CRA) resolution.
Biden Pushes Early Renomination of Failed NLRB Chair in Effort to Deny Possible Trump Administration Control over Labor Board
June 12, 2024 // The NLRB is composed of five members, usually three of whom are from the president’s political party and two from the opposing party. The Board uses both adjudication and rulemaking to put forward its interpretations of the NLRA, but it needs a quorum of three members to act. Currently, there are four Board members (see Board composition here). Three of the members are Democrats, while one is a Republican. The other Republican seat has been vacant since December of 2022, because President Biden chose not to nominate anyone to that vacancy for a year and a half. While agency vacancies and delays on nominations are nothing new in Washington, this one is notable and shows an unusual partisanship and dishonesty.
Biden’s veto of joint employer rule CRA a blow to small businesses
May 5, 2024 // Those franchisor corporations will not want to be on the hook for potential violations. They’ll either limit how they franchise and/or assert more control over their franchisees. Either way the entrepreneurs that ran them will lose out. A court blocked the rule from taking effect in March, saying that the NLRB had exceeded its authority. The board is expected to appeal the ruling.
30+ Policy Groups Send Coalition Letter to Congress with Concerns on Independent Contractor Rule
March 11, 2024 // As a Congressional Review Act is being considered to rescind the Department of Labor’s (DOL) Independent Contractor rule, 31 policy organizations sent a coalition letter to the U.S. Congress last week raising concerns with how the new rule would have a disastrous impact on entrepreneurs.
Associated Builders and Contractors addresses Sen. Sanders Budget Committee Hearing and Misleading Allegations
May 8, 2022 // The CRA states that, once an agency rule is disapproved by Congress, such a rule may not be issued in “substantially the same form,” unless it is expressly authorized by a subsequent law. A regulatory action pushing for a new Blacklisting Rule, even if narrowly tailored to firms that have been accused of violating the NLRA––as referenced in the chairman’s letter––would most certainly run afoul of the CRA and be subjected to litigation and create additional uncertainty for federal contractors.