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.
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.
DOL 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.
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.

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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.



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