Capitol Connection: November 2023
(Web) Capitol Connections_11.8.23

November 2023

IEC Provides Comments on IRA’s Prevailing Wage & Apprenticeship Requirements

Late last month IEC submitted comments to the Internal Revenue Service on the proposed rule implementing the prevailing wage and apprenticeship requirements for “clean” energy projects enacted through the Inflation Reduction Act of 2022. Among its remarks, IEC expressed concern over the Good Faith Effort Exception for obtaining apprentices and an exemption from potential penalty payments for projects operated under a project labor agreement (PLA). IEC also joined coalition comments that specifically opposed the PLA exemption. IEC plans to participate in a public hearing on the proposed rule scheduled for November 21, 2023, at 10:00 a.m. ET.

IEC Expresses Opposition to Latest Overtime Proposal

IEC submitted comments this week to the U.S. Department of Labor asking that it abandon its latest effort to increase the salary level threshold for determining whether an employee should be classified as exempt. The proposed rule increases the current salary level, which was recently increased in 2019, by 70 percent, from $35,568 to $60,209, and includes an automatic escalation every three years. IEC argued that it could be struck down by the courts, much like DOL’s 2016 proposal, which increased the salary level by nearly 100 percent and included a similar automatic review every three years as well. IEC also joined a business coalition comment letter, which can be found here.

NLRB Issues Final Joint Employer Rule

On October 26, 2023, the National Labor Relations Board (NLRB) released its final rule determining if one business is to be deemed a joint employer of another business’s employees under the National Labor Relations Act (NLRA). The new rule amends the actual and direct control standard implemented in 2020, in favor of one that determines joint employer status whether or not the entities’ control is exercised, and without regard to whether any such exercise of control is direct or indirect. IEC submitted comments last year opposing the NLRB’s efforts to implement this vague and ambiguous proposal. IEC is working with the Coalition to Save Local Business to push back on the new rule, which takes effect December 26, 2023.

2023 IEC Freedom Fund Sponsors







CenTex IEC

IEC Atlanta/Georgia

IEC Florida West Coast

IEC Rocky Mt

IEC San Antonio

IEC Ft. Worth/Tarrant Co.

DPS Infrastructure Monitoring Systems

IEC Greater Cincinnati

IEC Texas Gulf Coast

Lakey Electric

Larcon Electric

Northern New Mexico IEC

Streb Electric

1st Electric

Baker Brothers Electric

Esposito's Electric

Innovatis Group

Kent Systems

Progressive Technologies, Inc.

Travis Electric

Williams Electric

Join the growing list of IEC Freedom Fund Patriot Sponsors by donating online.
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