reaffirmed its commitment to protecting the rights of employers and employees alike. Regulatory fairness remained a key priority for ABC, as demonstrated by its support for the Prove It Act of 2024 (H.R. 7198). This legislation strengthens protections for small businesses by allowing industry groups to petition the Small Business Administration (SBA) to review the economic impact of federal regulations. ABC also urged Congress to empower the SBA further, ensuring it can effectively challenge burdensome regulations. In the legal arena, ABC backed litigation that led to the reinstatement of a nationwide injunction against the Corporate Transparency Act’s beneficial ownership reporting requirements, providing relief to small businesses facing compliance challenges. Occupational safety regulations also came under ABC’s scrutiny, particularly the Occupational Safety and Health Administration’s (OSHA) proposed Heat Injury and Illness Prevention rule. ABC submitted comments opposing the rule, emphasizing the need for flexibility to address the construction industry’s unique challenges. Additionally, ABC challenged Minnesota’s “captive audience” law in the 8th Circuit, arguing that banning employer-led discussions on unionization violated free speech and employer rights. On the tax front, ABC joined a coalition supporting the Main Street Tax Certainty Act, which seeks to make the Section 199A deduction permanent. By advocating for this measure, ABC aims to ensure that small businesses structured as pass-through entities receive continued tax relief. Throughout 2024, ABC remained steadfast in its mission to defend businesses against regulatory overreach, promote fair competition and uphold economic freedom in the construction industry and beyond. Finally, ABC opposed the Faster Labor Contracts Act (S. 844), which imposes strict deadlines for labor negotiations and enforces binding arbitration, undermining voluntary agreements. ABC, alongside 42 coalition partners, urged the Senate to reject this bill, citing concerns over labor freedom and economic impact. Mandatory Project Labor Agreements A final, major area of focus for ABC has been project labor agreements (PLAs), which inflate costs and unfairly limit competition in federal construction. The organization has been leading a coalition urging President Donald Trump to repeal former President Biden’s executive order requiring PLAs on projects exceeding $35 million. While waiting for executive branch action on government-wide repeal, ABC has been successfully challenging Biden’s PLA mandate in federal court. ABC secured a legal victory on Jan. 19 when the U.S. Court of Federal Claims ruled against the Biden administration’s federal construction PLA mandate. The court found that PLA requirements in 12 federal solicitations violated competitive bidding laws, though it did not overturn the broader rule mandating PLAs on projects over $35 million. Evidence revealed that federal agencies themselves admitted PLA mandates increase costs and reduce competition. This has resulted in the U.S. Department of Defense’s decision to eliminate its PLA requirement on military construction projects along with three other agencies. ABC-associated plaintiffs have since filed for a nationwide injunction with decisions pending. Rocky Mountain Region In Colorado, ABC has been a vocal advocate for fair and balanced labor policies, actively engaging in legislative efforts that impact the construction industry. On new legislation that seeks to strengthen wage theft enforcement, ABC has worked with stakeholders to ensure a more equitable approach. While the bill reflects improvements over last year’s version, ABC remains concerned about provisions that expand employer liability, impose impractical response timelines and introduce a presumption CONSTRUCTIOn ADVOCATE 53
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