MCAA Will Follow Changes of the New Administration

 

With a federal District Court judge in Texas blocking the new overtime pay rule just before Thanksgiving, employers may be getting a taste of Executive Order-rollbacks predicted to come under the new Donald Trump-led administration. MCAA has sent word to its members that it will be tracking the changes in the upcoming months.

Overtime Pay Rule

The overtime rule, which was scheduled to take effect nationally today (Dec. 1), would have raised the salary cap from $455/week ($23,660/year) to $921/week ($47,892/year.) Employers would have had to pay overtime, raise salaries, reduce hours, or implement a combination of the three, to comply with the law.

The order prevents the Department of Labor from enforcing the rule unless the ruling can be overturned through an appeals court. This action effectively puts the rule’s fate in the hands of the new Congress.

MCAA’s Most Immediate Watch List Includes:

• Executive Order 13706, Paid Sick Leave for Workers on Federal Contracts – MCAA attorney John McNerney considers this a most likely candidate for early Executive Order repeal by Trump.
• OSHA Drug testing guidance,
• OSHA Silica exposure; and
• Department of Labor written affirmative action plan rules for registered apprenticeship programs, know as Apprenticeship Equal Employment Opportunity Proposal.

Not all of these rules have made a splash in the news media, giving the public little knowledge of what may happen based on the President-elect’s response, but each is considered important to the MCAA.

McNerney stated that President Obama’s E.O. directing agencies to consider use of Project Labor Agreements might be among the most vulnerable to a repeal. It is one E.O. in MCAA members’ favor, but it is not likely to survive.

MCAA is assuming that the new Administration will take a construction policy favoring the Associated Builders & Contractors positions, however, speculation also exists that the new administration could have surprising stances on industry policy.

How would E.O.s Get Repealed?

Changes in labor rules and regulations can come about from several different paths:

• Executive Order repeal of the rule or regulation by the president,
• Congressional Review Act rollback,
• Court action, such as with the Overtime Pay rule,
• Agency rulemaking,
• Congressional defunding, or
• Legislative repeal.

Who Will Head the Department of Labor?

As of Wednesday night, several media sources reported two people still being considered as Secretary of Labor in the Trump Administration:

• Peter Kirsanow, a labor and employment attorney, member of the U.S. Commission on Civil Rights, and former member of the National Labor Relations Board.
• Andy Puzder, chief executive of CKE Restaurants, the parent company of Carl’s Jr., Hardee’s, Green Burrito, and Red Burrito.

 

As MCAA continues to monitor changes in policy at the national level, UMCA will share this information with its members to keep the Utah mechanical contracting industry up to date.