Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees".

Department of Labor policies and regulations on independent contractors, joint employer, non-disparagement, overtime and tip credit. Wage/tip credit legislative proposals. Workforce development issues. Apprenticeships. Paid leave legislative proposals. H.R. 20/S. 567, Protecting the Right to Organize Act of 2023. SBA Economic Injury Disaster Loans (EIDLs) and Advance Grants. Pandemic risk insurance/business interruption insurance. Implementation of the Inflation Reduction Act of 2022, Pub. L. No. 117-169, fines and officer liability. H.R. 1612/S. 781, Tipped Employee Protection Act. Nomination of Julie Su to be Secretary of Labor. H.R. 2700/S. 1201, Employee Rights Act. FTC Non-Compete Clause Rulemaking. H.R. 3734, Essential Workers for Economic Advancement Act. S. 2488, Raise the Wage Act of 2023. H.J. Res. 98/S.J. Res. 49, Congressional Review Act Joint Resolution of Disapproval of the NLRB rule relating to "Standard for Determining Joint Employer Status." H.J. Res. 116/S.J. Res. 63, Congressional Review Act Joint Resolution of Disapproval of the Dept. of Labor rule relating to "Employee or Independent Contractor Classification under the Fair Labor Standards Act." H.R. 7367, Overtime Pay Flexibility Act. H.J. Res. 166/S.J. Res. 97, Congressional Review Act Joint Resolution of Disapproval of the Dept. of Labor rule relating to "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees." NLRB nominations. S. 2785, Higher Wages for American Workers Act of 2023.

Client expense: $820,000 · Firm income: Not reported

Government targets: Executive Office of the President (EOP), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), SENATE, Small Business Administration (SBA), Treasury, Dept of

Department of Labor Overtime Rule H.J.Res.166/S.J.Res.97, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees"

Client expense: $1,760,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), SENATE

H.R. 20/S. 567, Richard L. Trumka Protecting the Right to Organize Act of 2023, all provisions; OSHA rulemakings and initiatives (i.e, worker walkaround, heat injury and illness, and warehousing National Emphasis Program); National Labor Relations Board rulemakings and decisions (i.e., joint employer and union election procedures); Registered apprenticeships and workforce development; Wage & Hour Division rulemakings (i.e., overtime); H.R. 2826/S. 1261, Save Local Business Act, definition of joint employer; H.J. Res. 98/S.J. Res. 49, Providing for congressional disapproval of the rule submitted by the National Labor Relations Board relating to "Standard for Determining Joint Employer Status"; H.R. 1332/S. 3947, Thirty-Two Hour Workweek Act, all provisions; H.R. 7367, Overtime Pay Flexibility Act, all provisions; H.J.Res.166/S.J.Res.97, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees"; H.J.Res.147, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Occupational Safety and Health Administration relating to "Worker Walkaround Representative Designation Process"; S. 4260/H.R. 8639, Warehouse Worker Protection Act, all provisions; PN1789, nomination of Lauren McFerran to the National Labor Relations Board; PN1790, nomination of and Joshua Ditelberg to the National Labor Relations Board; House FY25 Labor, Health and Human Services, Education and Related Agencies Appropriations Act, provision preventing federal funds from being used to implement the National Labor Relations Boards joint-employer rule; H.R.7784, Start Applying Labor Transparency Act, all provisions; Senate discussion draft, reauthorization of the Workforce Innovation and Opportunity Act (WIOA), provision related to barring employers from WIOA funding

Government-mandated project labor agreements (PLAs) on federal and federally assisted construction projects. Executive Order 13202: Preservation of Open Competition and Government Neutrality Towards Government Contractors and Labor Relations on Federal and Federally Funded Construction Projects - February 17, 2001. Davis-Bacon Act. Executive Order 13502: Use of Project Labor Agreement for Federal Construction Projects - February 6, 2009. Proposal to expand Executive Order 13502: Use of Project Labor Agreements on Federal Construction Projects - February 6, 2009. H.R. 1209/S.537: the Fair and Open Competition Act. H.R. 20/S. 567: the Richard L. Trumka Protecting the Right to Organize Act of 2023. Apprenticeship Programs, generally. Apprenticeship Requirements on Federal Contracts. Workforce development, generally. Fair Pay and Safe Workplaces/Blacklisting policies. Fair Labor Standards Act. National Labor Relations Act. DOL-OSHA (Reg.) Title: Heat Injury and Illness Prevention in Outdoor and Indoor Work Setting (RIN: 1218-AD39). Executive Order 14063: Use of Project Labor Agreements for Federal Construction Projects. DOL-WHD (Reg.) Title: Updating the Davis-Bacon and Related Acts Regulations (RIN: 1235-AA40). The Infrastructure Investment and Jobs Act (PL 117-58). FAR Council (Reg.) Title: Federal Acquisition Regulation: Use of Project Labor Agreements for Federal Construction Projects (RIN: 9000-AO40). DOL-WHD Reg (Title): Employee or Independent Contractor Classification Under the Fair Labor Standards Act (RIN: 1235-AA43). DOL-WHD (Reg.) Title: Independent Contractor Status Under the Fair Labor Standards Act; (RIN 1235-AA34) Inflation Reduction Act of 2022. OSHA compliance and enforcement, generally. DOL Secretary of Labor nominee, Julie Su. Notice of Funding Opportunity (NOFO) - CHIPS Incentives Program - Commercial Fabrication Facilities. Policy changes made by the NLRB that would impact free speech, open debate, the right to cast a vote privately, and the promise of a workplace free from harassment. H.R. 2700/S. 1201: the Employee Rights Act. H.R. 720: the Davis Bacon Repeal Act. NLRB (Reg.) Title: Standard for Determining Joint Employer Status (RIN: 3142-AA21). NLRB (Reg.) Title: Joint Employer Status under the National Labor Relations Act (RIN: 3142-AA13). Health and Safety, generally. DOL-OSHA (Reg.) Title: Worker Walkaround Designation Process (RIN: 1218-AD45). DOL-WHD (Reg.) Title: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (RIN: 1235-AA39). DOL-WHD (Reg.) Title: Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees (RIN: 1235-AA20). DOL-ETA (Reg.) Title: National Apprenticeship System Enhancements (RIN: 1205-AC13). National Electric Vehicle Infrastructure Formula Program, generally. Treasury-IRS (Reg.) Title: Increased Credit or Deduction Amounts for Satisfying Certain Prevailing Wage and Registered Apprenticeship Requirements (RIN: 1545-BQ54). H.R. 6655: A Stronger Workforce for America Act. Workforce Innovation and Opportunity Act reauthorization, generally. H.J.Res.98/S.J.Res.49: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to "Standard for Determining Joint Employer Status." H.J.Res.103: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Updating the Davis-Bacon and Related Acts Regulation." Tax Cuts and Jobs Act, generally. H.R. 6585: Bipartisan Workforce Pell Act. H.J.Res.116/S.J.Res.63: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of the Labor relating to "Employee or Independent Contractor Classification Under the Fair Labor Standards Act". H.R. 7784: Start Applying Labor Transparency Act. H.R. 7367: Overtime Pay Flexibility Act. NLRB interpretations that would protect harassing behavior in the workplace and create potential conflicts with federal, state, and local anti-discrimination laws. NLRB members recusal obligations. Concerns with efforts to overturn significant precedent at the NLRB, including the General Counsels memos on captive audience meetings and electronic monitoring of workers as well as the Boards anticipated decision in Ralphs Grocery. NLRBs decisions in Cemex, American Steel Construction, Thryc, Inc., The Atlanta Opera, and Stericycle. Senate HELP Committee Chairs announcement to hold a vote to authorize investigations into major corporations labor practices. National Labor Relations Board Chair nominee, Lauren McFerran. H.J.Res.147: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Occupational Safety and Health Administration relating to "Worker Walkaround Representative Designation Process." H.J.Res.166: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees." H.J.Res.132: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the "Federal Acquisition Regulation: Use of Project Labor Agreements for Federal Construction Projects." S. 4260: Warehouse Worker Protection Act. Executive Order 14126: Investing in America and Investing in American Workers. H.R. 9461: USA Workforce Investment Act. H.R. 9085: the Regulatory Review Improvement Act of 2024. H.R. 7198: the Prove It Act of 2024. H.R. 9031: the Assurance for Small Business Act of 2024. H.R. 9032: the Enhanced Regulatory Flexibility Assessment Act. H.R. 9030: the Regulatory Agenda Clarity Act. H.R. 8033: the Regulatory Transparency for Small Business Act. H.R. 9033: the LABOR Act of 2024. H.J.Res.203: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to "Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships". East and Gulf Coast ports strike negotiations, generally.

Department of Labor policies and regulations on independent contractors, joint employer, non-disparagement, overtime and tip credit. Wage/tip credit legislative proposals. Workforce development issues. Apprenticeships. Paid leave legislative proposals. H.R. 20/S. 567, Protecting the Right to Organize Act of 2023. SBA Economic Injury Disaster Loans (EIDLs) and Advance Grants. Pandemic risk insurance/business interruption insurance. Implementation of the Inflation Reduction Act of 2022, Pub. L. No. 117-169, fines and officer liability. H.R. 1612/S. 781, Tipped Employee Protection Act. Nomination of Julie Su to be Secretary of Labor. H.R. 2700/S. 1201, Employee Rights Act. FTC Non-Compete Clause Rulemaking. H.R. 3734, Essential Workers for Economic Advancement Act. S. 2488, Raise the Wage Act of 2023. H.J. Res. 98/S.J. Res. 49, Congressional Review Act Joint Resolution of Disapproval of the NLRB rule relating to "Standard for Determining Joint Employer Status." H.J. Res. 116/S.J. Res. 63, Congressional Review Act Joint Resolution of Disapproval of the Dept. of Labor rule relating to "Employee or Independent Contractor Classification under the Fair Labor Standards Act." H.R. 7367, Overtime Pay Flexibility Act. H.J. Res. 166/S.J. Res. 97, Congressional Review Act Joint Resolution of Disapproval of the Dept. of Labor rule relating to "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees." NLRB nominations.

Client expense: $880,000 · Firm income: Not reported

ACCA opposed the expansion of the overtime exemption for white collar workers proposed by DOL and treasury. ACCA supported H.J. Res 166 which would nullify the rule. ACCA opposed the updates to safety inspections by OSHA that would allow third party representatives to be present on safety inspections without the consent of business owners. ACCA supported H.J. Res 147 which would overturn the rule. ACCA opposed the Joint Employer Rule put forward by the NLRB. ACCA supported H.J.Res.98/S.J.Res.49 which would nullify the rule.

Client expense: $20,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES

Department of Labor Overtime Rule H.J.Res.166/S.J.Res.97, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees"

Client expense: $1,490,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), SENATE

Participated in meetings and Joined House and Senate Sponsors Statement in Support upon introduction of H.R. 7664/S. 4120, the Long-Term Care Workforce Support Act. Letter and meetings in Opposition to H.R. 468, Building Americas Health Care Workforce Act. Participated in meetings and joined Sponsors Statement in Support during reintroduction of H.R. 7929, Nursing Home Workforce Support and Expansion Act of 2024. Letter to all House and Senate offices in Opposition to the following list of Congressional Review Act Resolutions (CRAs) which threaten important worker protections: Improvements to the methodology for determining the adverse effect wage rate for agricultural workers (disapproved by H.J. Res. 59 and S.J. Res. 25) Improvements to the administration and enforcement of prevailing wage requirements for construction workers (disapproved by H.J. Res. 103) Improvements to wage and hour law enforcement by ensuring the FLSAs definition of independent contractor is consistent with economic reality, important for workers in industries with rampant misclassification, like construction (disapproved by H.J. Res. 116 and S.J. Res. 63) Improvements to labor standards for H-2A farmworkers (disapproved by H.J. Res. 134 and 135) Protections for workers retirement savings by ensuring unconflicted investment advice from fiduciaries (disapproved by H.J. Res. 142 and S.J. Res. 79) Protection of workers right to designate a walkaround representative for OSHA inspections (disapproved by H.J. Res. 147) Protection of retirement plan fiduciaries ability to properly consider climate change aspects and other costs and bad business practices of potential investments and to exercise their shareholder rights (disapproved by H.J. Res. 30 and S.J. Res. 8) Expansion of workers right to overtime pay, especially important for low-level supervisory employees (disapproved by H.J. Res. 166) Improvements to the standard for determining joint employer status under the NLRA, especially important for workers in the fast food industry (disapproved by H.J. Res. 98 and S.J. Res. 49) Vital improvements in income-driven student loan repayment, which would provide real relief to young workers severely burdened by debt (disapproved by H.J. Res. 88 and S.J. Res. 43) Encouraging the use of project labor agreements, which are a proven way of delivering cost-savings and on-time completion while ensuring stable labor relations, on large-scale federally-owned construction projects (disapproved by H.J. Res. 132) Requirements for crew sizes on trains to minimize safety risks to railroad employees (disapproved by H.J. Res. 130). Advocating for expanded labor rights protections, and on legislative issues that strengthen unions. Advocated against resolutions and bills to weaken organizing or workers' rights. Protecting the Right to Organize Act H.R. 20/S.567 911 Saves Act (HB6319); HR 4897/S.2501, and OSHA Heat Rule; Advocating against several CRA resolutions of disapproval that would overturn agency action on behalf of workers. Advocating for judicial nominees that will uphold civil liberties, respect for the rule of law, and support constitutional rights of workers. N/A - Supported several of Biden Admin judicial nominees with experience working on behalf of workers and unions.

H.R. 20/S. 567, Richard L. Trumka Protecting the Right to Organize Act of 2023, all provisions; OSHA rulemakings and initiatives (i.e, worker walkaround, heat injury and illness, and warehousing National Emphasis Program); National Labor Relations Board rulemakings and decisions (i.e., joint employer and union election procedures); Registered apprenticeships and workforce development; Wage & Hour Division rulemakings (i.e., overtime); H.R. 2826/S. 1261, Save Local Business Act, definition of joint employer; H.J. Res. 98/S.J. Res. 49, Providing for congressional disapproval of the rule submitted by the National Labor Relations Board relating to "Standard for Determining Joint Employer Status"; H.R. 1332/S. 3947, Thirty-Two Hour Workweek Act, all provisions; H.R. 7367, Overtime Pay Flexibility Act, all provisions; H.J.Res.166/S.J.Res.97, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees"; H.J.Res.147, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Occupational Safety and Health Administration relating to "Worker Walkaround Representative Designation Process"; S. 4260/H.R. ----, Warehouse Worker Protection Act, all provisions; PN1789, nomination of Lauren McFerran to the National Labor Relations Board; PN1790, nomination of and Joshua Ditelberg to the National Labor Relations Board; House FY25 Labor, Health and Human Services, Education and Related Agencies Appropriations Act, provision preventing federal funds from being used to implement the National Labor Relations Boards joint-employer rule; H.R.7784, Start Applying Labor Transparency Act, all provisions