Legal
Final Independent Contractor Rule Pushed Back Until May 7
The Department of Labor (DOL) has pushed back the effective implementation date of its final independent contractor rule from March 8 until May 7 to “allow the department to review issues of law, policy, and fact raised by the rule before it takes effect.”
Court Ruling Means Navigable Waters Protection Rule Now in Effect in Colorado
On March 2, the 10th Circuit Court of Appeals overturned a preliminary injunction on the Navigable Waters Protection Rule (NWPR) issued by the Colorado District Court. The ruling means that all states are now regulated by the Navigable Waters Protection Rule (NWPR) — at least until the Biden administration develops a new rule or an amendment.
NAHB Strongly Opposes Anti-Business Labor Bill
NAHB strongly opposes House legislation that contains dozens of sweeping labor law revisions that would negatively affect the construction labor market at a time of critical skilled worker shortages.
Civil Case Over Face Masks Could Impact Home Sales Offices
Nike, Inc. has reportedly agreed to settle a class action lawsuit filed by a deaf California resident that could impact any business that deals with customers requiring accommodation, including home sales offices.
Biden Signs Memorandum to Advance Fair Housing
President Biden today signed a presidential memorandum that directs HUD to examine the effects of the previous administration’s regulatory actions that may have undermined fair housing policies and laws. It directs HUD to take steps necessary based on that analysis to fully implement the Fair Housing Act’s requirements.
Regulatory Freeze for All Pending Regulations; Independent Contractor Rule Faces Delay
The Biden administration has implemented a regulatory freeze for all pending regulations. Of note to the housing community, this action means that the U.S. Department of Labor’s final independent contractor rule that was put forth in the waning days of the Trump administration, and scheduled to go into effect on March 8, will face a delay.
Residential Construction: Net Job Gains Offset Losses from the Pandemic
From May through December, the number of new residential construction jobs that were created offset the total amount of jobs that were lost earlier in 2020 due to the COVID-19 pandemic.
Department of Labor Releases Final Independent Contractor Rule
The U.S. Department of Labor (DOL) has announced a final rule clarifying the definition of employee under the Fair Labor Standards Act (FLSA) as it relates to independent contractors. While the rule will make it easier for businesses to classify workers as independent contractors, it is still unclear if it will ultimately be implemented by the incoming Biden administration.
NAHB’s Legal Advocacy Goes Far Beyond Cases Directly Involving Home Builders
NAHB’s Legal Advocacy team pursues litigation on issues that impact NAHB members. But NAHB also participates in cases concerning other matters because those cases often contain legal principles that are crucial to NAHB members’ standing in other actions.
Recent Copper Pipe Settlement Action May Be of Interest to NAHB Members
NAHB members may be entitled to a cash distribution from the settlement of a class-action lawsuit, Al’s Discount Plumbing, et al. v. Viega LLC, which was recently brought to the Federation’s attention.
