Capitol Connection: September 2023
(Web) Capitol Connections_9.11.23

September 2023

IRS Releases Proposed Prevailing Wage and Apprenticeship Requirements

Late last month the Internal Revenue Service released proposed rules implementing the prevailing wage and apprenticeship requirements included in the Inflation Reduction Act for certain ‘green’ energy projects. The proposed rules primarily place the onus for meeting these requirements on the taxpayer in order to receive the bonus tax incentive. One provision would exempt a taxpayer from a penalty payment requirement should the project operate under a project labor agreement. A general overview of the proposed rule can be found here. IEC will be submitting comments, which are due on October 30.

NRLB Adopts De Facto ‘Card Check’ Standard

The National Labor Relations Board recently adopted a new standard in a case known as Cemex requiring an employer to recognize and bargain with a union designated by the majority of its employees unless the employer requests a secret ballot election. The election will be dismissed if in the process, the employer is found to have committed an unfair labor practice and will be required to bargain with the union. This ruling also coincides with the Board reverting back to the ambush election rules, which means most union representation elections will be held between 10 and 21 days after a petition has been filed.

DOL Davis-Bacon Webinar

The Department of Labor will be holding a free webinar discussing the changes that take effect later next month. The webinar is scheduled for tomorrow, September 14 at 1:00 pm EDT.

OSHA Released Proposed Union Walkaround Rule

The Occupational Safety and Health Administration (OSHA) has released a proposed rule that would permit an individual that “may be an employee of the employer or a third party” to join an OSHA Compliance Safety and Health Officer as part of a job site inspection. This makes it possible for safety-focused inspection to turn into something that would become a tool for a union organizing campaign. IEC will submit comments opposing this rule, which are due October 30.

DOL Issues Proposes to Increase Overtime Threshold
The Department of Labor is proposing to increase the minimum salary threshold for overtime eligibility under the Fair Labor Standards Act to $55,068 per year, up from the current $35,568, which was just recently enacted in 2019. The proposal also includes an automatic update provision that would change the standard salary threshold every three years. Comments on the proposed rule are due on November 7.

Renew Your 2023 Freedom Fund Sponsorship Today! 

The Biden administration continues to issue proposals through regulatory agencies that benefit big labor at the expense of the merit shop. Project labor agreements, pro-union appointees at the National Labor Relations Board, and changes to Davis-Bacon all threaten IEC’s contractor members. To continue to promote and protect the merit shop philosophy, IEC has rebranded its Political Education Fund as the IEC Freedom Fund. This fund is designed to give IEC more firepower in Washington to protect its merit shop electrical contractors.


Want to see your chapter or company on this list? Become a Freedom Fund Patriot Sponsor by donating online today!







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