Spring 2026: In-depth industry and compliance update

By Midwest Roofing Contractors Association.

From employment law to OSHA compliance, get updated on the roofing legal landscape from the MRCA general counsel.

Since 1949, the Midwest Roofing Contractors Association (MRCA) has worked to support contractors in all parts of their careers and professional lives. They do this by "being a contractor advocate; acting as an industry spokesman; disseminating information to the membership by means of a bi-monthly newsletter; providing valuable education at annual conference; and being an active resource for members with technical, business management, safety and legal advice."

Recently their general counsel released an update on the legal news. Headed up by their legal counsel, Gary W. Auman of Auman, Mahan and Furry, this report dives into what professionals need know as of Spring 2026. Read the report below. 

2024 Independent Contractor Rule

The proposed independent contractor rule was withdrawn by the Department of Labor in early 2025. The DOL had planned to issue a notice of proposed rulemaking for a new Independent Contractor Rule in September 2025. This notice of proposed rulemaking has been delayed as a result of the government shutdown in October 2025. 

OSHA 2024 Walkaround Rule

The OSHA walkaround rule has been challenged in court. Currently, there are several motions pending before the court. These have been fully briefed and are awaiting a decision by the court. There is a Motion for Summary Judgment filed by the Association of General Contractors of America, et al. to eliminate the rule. There is another motion filed by OSHA to dismiss the challenge to the rule for lack of jurisdiction by the court. That motion has an alternative pleading for Summary Judgment. As I have already indicated, these motions are currently awaiting decision by the court. Meanwhile, the walkaround rule does remain in effect. 

Pregnant Worker’s Fairness Act

This act provides various protections, for workers who are pregnant, with regard to their physical condition. The rule provides coverage for workers who are going through abortions due to their pregnancy. The entire rule was challenged by the US Conference of Catholic Bishops. The district court ruled that the EEOC had overstepped its authority by requiring employers to accommodate elective abortions that are not medically necessary and vacated the parts of the rule which implemented the PWFA. Multiple lawsuits are pending on this issue. On May 21, 2025, a partial final appealable judgment was filed. The Court retains jurisdiction over all remaining claims not resolved by the judgment. The plaintiffs filed an appeal from the district court decision to the 5th Circuit Court of Appeals. Both the cases in the district court and appellate court levels are active. On November 25, 2025, the EEOC filed a memo in opposition to the Motion for Partial Summary Judgment filed by the plaintiffs. Briefings had been delayed on this motion due to the government shutdown. The Bishops Reply Brief was due on December 16, 2025. On that date, the plaintiffs filed a reply in support of renewed motion for partial summary judgment. The matter has now been fully briefed and is awaiting decision by the District Court.  

2024 FTC Non-Compete Rule

This rule was vacated by the Federal Trade Commission when it withdrew its Court of Appeals action and acceded to vacating the rule in September 2025. 

2024 DOL Overtime Rule

This rule was challenged by the Plano Chamber of Commerce in 2024. On November 15, 2024, the District Court granted summary judgment against the DOL which overturned the overtime rule in its entirety. DOL filed an appeal in the 5th Circuit Court of Appeals on November 26, 2024. On August 29, 2025, the DOL filed a status report. In its report, it was stated that it will undertake further regulatory action in conformity with reconsideration of the rule. On September 29, 2025, the DOL filed another status report. In this report the DOL reconsidered the challenged rule and concluded that it will take further regulatory action. The rule remains under consideration by the Department of Labor. The Department of Labor indicated that it anticipates it will continue to make progress in its evaluation of the matter. On November 6, 2025, the appellate court granted an unopposed motion to continue the period of abeyance for an additional sixty days due to the government shutdown. On December 5, 2025, the DOL filed another status report. They indicated their reconsideration of the rule remains in progress. As of January 5, 2026, that report has not yet been made available. 

2024 OSHA Heat Injury Rule

This rule remains in the proposed rule status. There was an informal virtual public hearing held which was concluded on July 2, 2025. A post-hearing comment period expired on October 30, 2025. On November 20, 2025, a bill was introduced into Congress to prohibit DOL from finalizing and implementing or enforcing the rule. The bill was referred to the House Committee on Education & the Workforce. This rule appears to be a political hot potato. Following the actions noted above, the rule remains in the proposed status and no action has been taken by DOL/OSHA to move the rule forward. Therefore, I remind all employers that they still have an obligation to provide a place of employment free of recognize hazards causing or likely to cause death or serious physical harm to their employees and that heat illness has been recognized by the courts as a recognize hazard.

Therefore, all NIA members should be sure they have an effective heat illness prevention plan in effect that complies with the criteria established by NIOSH in 2012. These include an acclimatization program, a hydration program, a work rest regimen program, a program to create cooling-off/rest areas and a training program. Heat illness prevention will continue to be enforced by OSHA while the rule is pending, under the General Duty Clause. 

NLRB Joint Employer Rule

This rule has effectively been withdrawn. The rule was vacated by the District Court and the appeal to the Court of Appeals was dismissed by the agency on July 19, 2024. While it appears that the NLRB has abandoned the rule, it is expected that it will pursue this issue again at a later date. 

Executive Orders

• EO 14168 – This EO was issued on January 20, 2025. The Executive Order directs the EEOC to rescind its “Enforcement Guidance on Harassment in the Workplace” that was issued on April 29, 2024.
• EO 14151 – This EO was issued on January 20, 2025. The EO is titled Ending Radical and Wasteful Government DEI Programs and Referencing. This Executive Order directed federal government agencies to terminate all illegal diversity, equity and inclusion (DEI) mandates, programs or policies in the Federal Government. 
• EO 14173 – This EO was issued on January 21, 2025. And is intended for Ending Illegal Discrimination and Restoring Merit - Based Opportunity. This EO revokes several executive orders that promote DEI programs and policies and dictates that actions be taken to address DE I programs and policies in the private sector. It also prohibits the OFCCP from promoting diversity, requiring contractors to take “affirmative action,” and requires federal agencies to include terms and contracts where parties agree to comply with federal antidiscrimination laws and certifies that it does not promote illegal DEI. 

Just about all of President Trump’s executive orders have been challenged in court. Most of the challenges are still pending and are waiting for various briefs and motions to be filed in the cases. 

Other employment law news

• September 19, 2025 – The Department of Labor launched Project Firewall to protect America’s highly skilled work force. This is intended to be an enforcement initiative to safeguard the rights, wages and job opportunities of highly skilled American workers by ensuring employers prioritize qualified Americans when hiring workers and holding employers accountable if they abuse the H-1B Visa process. 
• September 30, 2025 – The Department of Labor/WHD announced the issuance of four opinion letters addressing tip pooling, emergency pay, joint employment and FMLA leave. Most of these opinion letters focused on specific job classifications, none of which are even close to construction law issues.
• November 25, 2025 – The Department of Labor issued training and employment guidance letter number 05-25. This was in response to an Executive Order on preparing Americans for high-paying skilled trade jobs of the future. It urges state and local workforce boards to review their policies and request waivers for statutory requirements to align with the administration’s priorities.
• December 16, 2025 – The Department of Labor announced the availability of resources to assist contractors with Davis-Bacon act payroll reporting requirements. These new resources include online fill bill versions of form WH-347 that provides contractors and subcontractors with an efficient way to submit accurate weekly payroll records and will help reduce common reporting errors by allowing users to enter required information directly onto the form. The division also developed an annotated form WH-347 to provide contractors, subcontractors, consultants, labor unions and compliance professionals with a better understanding of the form and giving clear, visual guidance on how to fill out the form. 
• December 22, 2025 – The Department of Labor rescinded the Biden administrations final rule addressing displacement of federal contractors. This deregulatory action fully revoked the requirements of Biden Executive Order 14055 which stated that qualified employees on a Federal Services Contract were to be given the right of first refusal of employment with a successor contractor if they would otherwise lose their jobs as a result of expiration of the contract.
• September 30, 2025 – The EEOC published a final rule adjusting civil monetary penalties for violations of the notice posting requirements in title VII, the ADA, GINA and the pregnant worker’s fairness act effective immediately.
• November 19, 2025 – The EEOC released new and updated education materials on national origin discrimination. A new technical assistance document titled Discrimination Against American Workers is Against the Law. This was issued to help workers understand their rights.
• December 2, 2025 – OSHA resumed normal enforcement operations after the government shutdown. OSHA was actively addressing its backlog of complaints.
• December 10, 2025 – The DOL issued seven letters of interpretation addressing workplace safety and health requirements. The first of these addressed Permit Required Confined Spaces. This particular letter of interpretation covered the issue of whether the confined space standard requires employers to drain water from pipes before entering the space for repairs, even when a hazard assessment shows no risk of rupture or leaks. 
  • A second letter was issued on Requirements for Powered Industrial Truck Training Programs Implementation. This letter addressed whether an employee can demonstrate competence and knowledge in operating powered industrial trucks via a live stream session. 
  • A fourth letter was issued concerning audiometric testing of a worker who may have a cochlear implant and how audiometric testing applies to such workers. 
  • A fifth letter was issued concerning the angle of stairs and tread depth requirements.
• September 4, 2025 – The FTC issued a request for information on Employee Non-compete Agreements. This would enable the FTC to have a better understanding of the scope, prevalence and effects of employer non-compete agreements, as well as to gather information to inform possible future enforcement actions. Comments to this request for information were due on November 3, 2025. 

Are you an MRCA member wanting more legal advice? MRCA offers one FREE 30-minute legal consultation every month! This session gives you direct access to experienced legal counsel that can offer specialized assistance on OSHA, contracts, construction law and more. Learn more by calling 937-223-6003 or visiting www.amfdayton.com.