Changes In Washington Could Impact Building Service Contractors

Negotiations have slowed down in reaching an immigration compromise following failure in the Senate to approve an immigration bill on Feb. 15. The need for immediate action has slowed following an injunction issued by a federal court on Feb. 13, preventing the Trump Administration from ending the Deferred Action for Childhood Arrivals (DACA) program.

President Trump had imposed a March 5 deadline for addressing the DACA program, which prevents individuals who came to the U.S. illegally as children from being deported. In September 2017, the Administration announced it would rescind the program and gave Congress six months to reach a compromise. The deadline has been rendered irrelevant following the federal court injunction.

The Trump Administration has suggested it is open to a short-term extension of the DACA program, in exchange for funding construction of part of a border wall along the U.S.-Mexico border. The White House has said it opposes a deal that would fund construction of the border wall for three years, in exchange for a three-year extension of the DACA program.

Senate Committee Approves SBA Office of Advocacy Nominee

The Senate Committee on Small Business and Entrepreneurship has approved the nominations of David Tryon to be Chief Counsel at the Small Business Administration (SBA) Office of Advocacy. SBA’s Office of Advocacy plays an important role in advancing the views and concerns of small business before Congress, the White House and federal agencies. Tryon’s nomination now awaits confirmation by the Senate.

DOL Announces New Program to Expedite Payment To Workers

The Department of Labor’s (DOL) Wage and Hour Division is announcing a new pilot program, the Payroll Audit Independent Determination (PAID) program, which expedites resolution of inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (FLSA).

The PAID program facilitates resolution of potential violations, without litigation, and ensures employees promptly receive the wages they are owed. Under this program, the Wage and Hour Division will oversee resolution of the potential violations by assessing the amount of wages due and supervising their payment to employees.

The Division will not impose penalties or liquidated damages to finalize a settlement for employers who choose to participate in the PAID program and proactively work with the Division to fix and resolve their potential compensation errors. Employers may not participate in the program if they are in litigation or currently under investigation, and likewise cannot use the pilot program repeatedly to resolve the same potential violations. Settlements will be limited in scope to only the potential violations at issue. The Division will implement the pilot program nationwide for approximately six months, after which it will evaluate the pilot program and consider future options.