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NCA’s Washington Weekly Update 5-23-22

Situational Awareness
The House is conducting committee business this week, but no votes are scheduled by the full House. The Senate convenes on Tuesday and will consider nominations.

Supplemental H-2B Visa Rule Expected Soon
The White House Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) is currently reviewing summer-season H-2B supplemental cap rule sent to them by the Department of Homeland The House Education and Labor Committee last week passed the Wage Theft Prevention and Wage Recovery Act, which prohibits mandatory arbitration agreements, increases fines for Fair Labor Standards Act violations, and requires employers to provide detailed paystubs and new disclosures on employee compensation. The committee passed the bill on a party-line vote of 27-19. There has been no indication from Democratic leadership on whether or when the bill will be considered by the House.

DOL Appeals Independent Contractor Case
On Friday, May 13, the U.S. Department of Justice filed a Notice of Appeal to the U.S. Court of Appeals for the Fifth Circuit following the March 14 Texas federal court decision in Coalition for Workforce Innovation v. Walsh. The district court ruled in favor of the plaintiffs, holding that the Biden Department of Labor violated the Administrative Procedure Act by delaying and later withdrawing the Fair Labor Standards Act independent contractor rule issued during the Trump Administration; the court reinstated that rule. The Fifth Circuit will set a briefing and argument scheduled for consideration of the appeal. NCA is a member of the Coalition for Workforce Innovation.