Welcome to the latest ISSA Legislative & Regulatory Update, a biweekly roundup of the public-policy issues currently impacting the full cleaning supply chain. This update touches on the U.S. Department of Labor finalizing its overtime rule, the U.S. Federal Trade Commission banning noncompete clauses, the launch of the National Coalition to End Period Poverty, and more.

Want to stay informed about critical government affairs impacting the cleaning industry? Sign up here to have the ISSA Legislative & Regulatory Update emailed directly to you every other week.

ISSA Advocacy

DOL Finalizes Overtime Rule
The U.S. Department of Labor (DOL) issued a final rule that alters the overtime regulations under the Fair Labor Standards Act. The updated rule includes two tiered increases to the minimum salary threshold and the threshold for highly compensated employees, as well as automatic updates to both thresholds. The minimum salary threshold will be increased to US$43,888 on July 1, 2024, and then to $58,656 on January 1, 2025.

ISSA submitted comments to the DOL opposing the then proposed final ruling late last year. The association’s comments in opposition to the rulemaking were cited in the final rule. Learn more

FTC Bans Noncompete Clauses
The U.S. Federal Trade Commission (FTC) issued a final rule banning noncompete clauses nationwide. Under the FTC’s new rule, existing noncompetes for most workers will no longer be enforceable after the rule’s effective date, which is 120 days after its publication in the Federal Register. Existing noncompetes for senior executives—less than 0.75% of workers—can remain in force under the FTC’s final rule, but employers are banned from entering into or attempting to enforce any new noncompetes. According to an FTC press release, an estimated 30 million workers—nearly one in five Americans—are subject to a noncompete clause.

In a February 2023 letter to Congress, ISSA opposed the FTC’s proposed rule to impose a nationwide ban on noncompete clauses because the FTC “lacks the constitutional or statutory authority to issue such a rule and, in attempting to do so, the agency is improperly usurping the role of Congress.” Learn more

Business Groups Sue to Block FTC’s Noncompete Ban
Two business groups filed suit against the U.S. Federal Trade Commission (FTC) seeking to overturn its ban on noncompete agreements. The lawsuit will likely delay the ban from taking effect or derail it entirely, as well as test the limits of the FTC’s authority, Axios reports. Learn more

National Coalition to End Period Poverty Launched
ISSA is proud to serve on the Steering Committee for the newly launched National Coalition to End Period Poverty. The coalition was formed to dismantle barriers that prevent access to affordable menstrual-care products, promote menstrual equity for all, and end period poverty. Learn more

PRIA Update
ISSA expects the U.S. Environmental Protection Agency (EPA) to release its Pesticide Registration Improvement Act (PRIA) annual report later this week. As part of that release, EPA also is expected to unveil a new Office of Pesticide Programs (OPP) performance website that will include metrics about completion of registration actions, including non-coded PRIA actions. The website, which will be updated every two weeks, will include the median number of days that it takes EPA to complete actions under each PRIA code. Later this month, the agency plans to update registration milestones to include the PRIA submission and due dates. As a leading member of the PRIA Coalition, ISSA will keep its members apprised of these OPP activities.

FDA Announces SPL XForms Available for Cosmetic Product Listing, Facility Registration Submissions  
The U.S. Food and Drug Administration (FDA) announced a new tool to streamline cosmetic product facility registration and listing submissions as required by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). MoCRA fundamentally changes the way that body washes, cleansing wipes, and other “cosmetic” products are regulated in the United States. According to CosmeticsDesign USA, companies can now utilize SPL XForms, an option alongside existing methods, to electronically submit required information to the FDA through a user-friendly format. This can simplify the process and potentially expedite FDA review. 

As a reminder, the FDA delayed enforcement of the requirements for cosmetic product facility registration and cosmetic product listing requirements under MoCRA until July 1, 2024, to provide the regulated industry with additional time to comply with the new requirements. For questions about MoCRA as the new law relates to the cleaning industry, please contact ISSA Regulatory Affairs Manager Meché Ragland. Learn more

ISSA Successfully Hosts 2024 Clean Advocacy Summit 
ISSA successfully hosted the fourth annual 2024 Clean Advocacy Summit, April 10-11 in Washington, DC. A record 120+ cleaning-industry leaders converged on the nation’s capital to advocate for the public-policy priorities for the industry. The 2024 summit was co-hosted by INDA, the Association of the Nonwoven Fabrics Industry; the Institute of Inspection Cleaning and Restoration Certification (IICRC); and the Workplace Solutions Association (WSA), Powered by ISSA. Learn more

Legislative

Warehouse Worker Protection Act Introduced in Senate
The Teamsters joined with U.S. Senators Ed Markey (D-MA), Tina Smith (D-MN), and Bob Casey (D-PA) to announce the introduction of the Warehouse Worker Protection Act. According to the Coalition for Workplace Safety, the bill would “force OSHA to implement unworkable rules on the economy and make it that much harder for businesses to operate.” A bipartisan House version of this bill is expected to be introduced in the coming weeks. Learn more

Regulatory

Federal-Contract Opportunities Award $178 Billion to Small Businesses
The Biden administration exceeded its fiscal year 2023 small business contracting goal of 23%, awarding an all-time high 28.4% of federal-contract dollars to small businesses, Cleaning & Maintenance Management reports. Learn more

CDC Debuts New Heat, Health Initiative
The U.S. Centers for Disease Control and Prevention (CDC) together with the National Oceanic and Atmospheric Administration’s National Weather Service released a new Heat and Health Initiative to protect Americans from heat exposure, according to Cleaning & Maintenance Management. Learn more

EEOC Finalizes New Workplace-Harassment Guidelines
In October 2023, the U.S. Equal Employment Opportunity Commission (EEOC) voted to propose new guidance on workplace harassment, the first voted document that the EEOC had issued on harassment since its Enforcement Guidance on Vicarious Liability for Unlawful Harassment by Supervisors in 1999. After receiving approximately 38,000 comments on its proposal, the commission recently published its final guidance on harassment in the workplace, Enforcement Guidance on Harassment in the Workplace, Lexology reports. Learn more

State News

Labor Federation Grants Statewide Strike Sanction to Janitors Union
With master agreements that expired April 30, the labor movement is mobilizing to support janitors across California in securing a new contract. 22,000 janitors working for dozens of private sector janitorial service contractors could go on strike if their demands are not met. Learn more