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 a state of California committee passing a 2,000 square feet production-rate bill, cutting PFAS from U.S. government-custodial contracts, ISSA honoring its 2024 Advocates of the Year, and more.

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ISSA Advocacy

California Committee Passes 2,000 Square Feet Production-Rate Bill
On April 17, California Assembly Bill 2364 passed the state’s Labor and Employment Committee. This bill would impose production-rate limits for workers of an average of 2,000 square feet per hour during a shift and increase the costs of mandatory harassment training for all cleaning-service employers in California. Even if you do not currently operate or clean facilities in California, ISSA believes that this bill would significantly impact the industry and that other states may consider similar legislation in the future. Learn more

New Ruling Aims to Cut PFAS from U.S. Government Custodial Contracts
The Biden administration is directing U.S. government contractors to purchase cleaning products for federal buildings that are free of toxic “forever chemicals.” Learn more

ISSA Honors 2024 Advocates of the Year
ISSA is proud to announce the recipients of the third-annual ISSA Advocate of the Year Awards. The awards were presented at the association’s 2024 Clean Advocacy Summit in Washington, DC, April 10-11. Award recipients were selected by ISSA with input from its Government Affairs Advisory Committee. The recipients of this year’s awards are Keith Schneringer, BradyPLUS Senior Director of Marketing – JanSan and Sustainability, and Jean Marie Pfeifer, owner of Shore to Shore Cleaning. Learn more

ISSA Announces 2024 Outstanding Government Service Award Winners
ISSA announced the recipients of the 2024 ISSA Outstanding Government Service Awards during the association’s Clean Advocacy Summit. The award recipients were selected by ISSA with input from its Government Affairs Advisory Committee. The recipients of this year’s awards are Utah Governor Spencer J. Cox and U.S. Representative Abigail Spanberger (D-VA-7). Learn more

Legislative

Senate Rejects Joint-Employer Rule; Biden Promises Veto
The U.S. Senate approved a measure to block the National Labor Relations Board’s joint-employer rule, siding with business groups that argue that the rule would be too costly after a federal court recently struck it down, Bloomberg Law reports. The Congressional Review Act resolution (HJ Res 98), which passed in a 50-48 vote, now heads to President Biden’s desk for an expected veto. Learn more

House Passes WIOA Revamp, Modernizing Workforce Development
The nation’s primary workforce development and training law was amended and reauthorized by the U.S. House of Representatives, according to SHRM. Originally enacted in 2014, the Workforce Innovation and Opportunity Act (WIOA) provides funding to state agencies to help job seekers access employment, education, training, and support services. House lawmakers passed the bipartisan A Stronger Workforce for America Act (HR 6655) by a vote of 378-26, with another 26 not voting. The bill now goes to the Senate for consideration. If enacted, the WIOA reauthorization would fund the system through 2030. The reauthorization aims to make improvements to WIOA to help close the national skills gap, provide more accountability in the system, and help U.S. workers obtain high-quality, well-paying jobs. Learn more

Regulatory

Final Overtime Rule Clears Regulatory Review
The White House budget office cleared a U.S. Department of Labor (DOL) rule that is expected to expand overtime-pay protections to millions more workers, signaling that it will soon be released to the public, Bloomberg Law reports. On November 6, 2023, ISSA submitted comments to Acting DOL Secretary Julie A. Su opposing the department’s proposed changes to the criteria for the executive, administrative, professional, outside sales, and computer employee exemptions from the overtime requirements under the Fair Labor Standards Act. Learn more

OSHA Chemical Warning Labeling Rule Finishes White House Review
Chemical manufacturers and others will likely face new requirements for commercial product warning labels under a final rule that is now one step from being released by the White House’s Office of Information and Regulatory Affairs, according to Bloomberg Law. The office completed its review of the final rule, typically the last opportunity to revise a regulation before it appears in the Federal Register. Learn more

Period-Product Requirement Not Included in Finalized Title IX Regulations
The Biden administration unveiled a final set of changes to Title IX, the federal civil rights law prohibiting sex-based discrimination in government-funded schools, after more than a year of delays. The final changes, which re-institute protections for student survivors of sexual assault and harassment that were rolled back during the Trump administration, will take effect August 1. While the final rule acknowledges the importance of putting period products in schools–a priority for ISSA–similar to the draft rule, U.S. Department of Education regulators chose not to include such a requirement in the final regulations. Learn more

EPA Issues Draft Risk Assessment for Use of Formaldehyde as a Pesticide under FIFRA
The U.S. Environmental Protection Agency (EPA) is releasing its draft risk assessment for formaldehyde and paraformaldehyde under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for public comment. The FIFRA draft risk assessment identifies risks to human health and the environment from the pesticidal uses of formaldehyde and describes some of the sources of uncertainties in EPA’s findings. Formaldehyde is registered under FIFRA as a preservative to extend the shelf life of industrial and household consumer products such as laundry detergents, automotive cleaning products, and household cleaners, among other uses. EPA is accepting public comments on the FIFRA draft risk assessment for 60 days. Learn more

New DOL Rule Makes it Harder for Businesses to Classify Workers as Independent Contractors
The U.S. Department of Labor’s (DOL’s) new rule for classifying workers as employees or independent contractors under the Fair Labor Standards Act took effect March 11. The DOL’s final rule returns employers to a “familiar pre-Trump administration totality of the circumstances test that focuses on the ‘economic realities’ of the worker’s situation. The practical impact is that it is now harder for businesses to classify workers as independent contractors, and it will likely increase federal wage and hour claims,” according to The Employer Report. Learn more

SBA Launches New Digital Portal to Increase Small-Business Funding
The U.S. Small Business Administration (SBA) announced the launch of a new digital resource called the Investing in America Small Business Hub, Small Business Trends reports. This online platform is designed to help small-business owners take advantage of federal funding available under the Investing in America agenda. Learn more

SEC Freezes Climate Rules after Challengers Sought Pause
The U.S. Securities and Exchange Commission (SEC) put its climate reporting rules for public companies on hold in the face of multiple lawsuits challenging the regulations, according to Bloomberg Law. Learn more

State News

States That Accumulated Highest Fines for Workplace Violations
A recent study from Ohio personal injury law firm John Fitch analyzing workplace safety across the U.S. identified North Dakota as the state where companies have received the highest average penalties for safety violations, Cleaning & Maintenance Management reports. The study drew 2014-2024 data from the U.S. Occupational Safety and Health Administration’s records of enforcement cases with initial penalties of US$40,000 or more. Learn more

Another State Blocks Heat Protections for Workers
Florida Governor Ron DeSantis signed a law that bans local governments from creating protections for workers who labor in the state’s heat, according to Cleaning & Maintenance Management. Florida joins Texas, a state whose government last year also passed a similar law limiting the power of local governments to require heat and water breaks for outdoor workers. Learn more

NV Minimum Wage Increasing July 1
The minimum wage in the state of Nevada will increase to US$12 an hour starting July 1, KOLO TV reports. This will be the final minimum wage pay increase implemented by the passage of Assembly Bill 456 in 2019, which mandated increases of 75 cents to the minimum wage over a five-year period. Learn more