Small Business Mentor-Protégé Programs – Corrections
The SBA has issued technical corrections to its final rule published in the Federal Register on July 25, 2016 (81 FR 48557), amending its regulations to establish a new government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for participants in SBA’s 8(a) Business Development Program.  The rule, which went into effect August 24, 2016, also made several additional changes to current size, 8(a), Office of Hearings and Appeals, and HUBZone regulations, concerning among other things, ownership and control, changes in primary industry, economic disadvantage of a Native Hawaiian Organization, standards of review, and interested party status for some appeals.  The technical corrections to the final rule include correcting citations, eliminating a paragraph that conflicts with a new provision added by that final rule, and making conforming amendments, 81 Fed. Reg. 71981.  This rule became effective October 19, 2016.


Report of Construction Contractor’s Wage Rates Information Collection Comments Request
The Department of Labor (DOL) is soliciting comments concerning a proposed extension of the information collection request (ICR) titled, ‘‘Report of Construction Contractor’s Wage Rates.’’  This comment request is part of continuing DOL efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501 et seq.  The review focuses mainly on (i) whether proposed wage determination information collection to determine prevailing local wages under the Davis Beacon Act is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility, and to (ii) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used, 81 Fed. Reg. 71767.  Comments are due by December 19, 2016.


“DOL Defends Contractor Regulation.” Politico Morning Shift.  October 21, 2016. 
On Thursday, the DOL urged a Texas judge not to grant business groups a preliminary injunction against the final Fair Pay and Safe Workplace regulations set to phase-in October 25 and requiring companies to disclose labor law violations committed during the previous three years whenever they bid on a federal contract.  The DOL argued that (i) the regulations were within the executive branch’s authority, (ii) the business groups failed to “point to any provision in the [regulations] that is in direct conflict with any federal labor law,” and (iii) the plaintiffs’ claim that the rules’ disclosure requirements “compelled speech” and therefore violated the First Amendment.

“Vitter Tells Obama To Delay Overtime Rule.” Politico Morning Shift.  October 21, 2016.
In a letter, Senator David Vitter, Chairman of the Senate Committee on Small Business and Entrepreneurship, urged Labor Secretary Tom Perez to delay implementing the DOL’s final rule set to take effect December 1, 2016, warning it would hurt small businesses.  The final rule doubles (to $47,476) the salary threshold under which virtually all workers are guaranteed time-and-a-half pay if they work more than 40 hours in a given week. Read the letter here.