The U.S. Equal Employment Opportunity Commission (EEOC) recently updated the web-based portal for the reinstated collection of 2017 and 2018 EEO-1 Component 2 data with several resources to assist employers. Specifically, the EEOC provided a series of Frequently Asked Questions (“FAQs”) regarding the new requirements and a More Info Page. The More Info page provides additional resources such as a sample form, an instruction booklet, a user’s guide, a fact sheet, and reference documents.

On June 25, AGC submitted comments to the U. S. Department of Labor’s (DOL) Wage and Hour Division (WHD) in response to its Notice of Proposed Rulemaking (NPRM) revising and clarifying the responsibilities of employers and joint employers to employees in joint employer arrangements. In 2017, the DOL withdrew the previous administrations sub-regulatory guidance regarding joint employer status that did not go through the rulemaking process that includes public notice and comment.

Employers may be surprised to learn that the National Labor Relations Board (the “Board” or “NLRB”) just issued a unanimous decision invalidating an employer’s mandatory arbitration agreement that could be reasonably interpreted as preventing employees from filing charges with the Board. The June 18 Prime Healthcare decision analyzed the employer’s arbitration agreement using the relatively new Boeing Co. standard for evaluating facially neutral policies and rules that potentially interfere with employees’ protected rights, but fell on the side of the workers. The Prime Healthcare decision may require you to adjust your arbitration agreements.

The U.S. Department of Labor’s Office of Labor-Management Standards (“OLMS”) recently made technical changes to the poster that federal contractors and subcontractors are required to display under Executive Order 13496. The poster informs employees of their rights under the National Labor Relations Act (“NLRA”). The Department updated the poster to reflect a new telephone number for the National Labor Relations Board, the agency responsible for enforcing the NLRA, and to provide contact information for individuals who are deaf or hard of hearing. No other changes or updates were made at this time.

The U.S. Department of Labor (DOL) recently announce that after June 14, 2019, www.WDOL.gov will be transitioning to https://beta.SAM.gov, which will become the new website for wage determination data.

On May 21, AGC submitted comments to the U. S. Department of Labor’s (DOL) Wage and Hour Division (WHD) in response to a Notice of Proposed Rulemaking (NPRM) updating the Fair Labor Standards Act (FLSA) overtime regulations. In line with AGC’s recommendations to the WHD, this NPRM is the second step the DOL is undertaking to revisit the Obama administration overtime rule that dramatically increased the salary threshold for exempt employees and would have resulted in unintended consequences, particularly for small construction companies construction employers in lower-wage regions, and construction personnel. In contrast to the Obama rule, this new proposal would simply update the salary threshold using current wage data, projected to January 1, 2020. The result would boost the standard salary threshold for exempt employees from $455 to $679 per week (equivalent to $35,308 per year).

Advises Caution in Selection and Execution of New Compliance Checks

On June 12, AGC submitted comments to the U. S. Department of Labor’s (DOL) Wage and Hour Division (WHD) in response to its Notice of Proposed Rulemaking (NPRM) updating the regulations governing regular rate requirements for the first time in more than 50 years. Regular rate requirements define what forms of payment employers include and exclude in the "time and one-half" calculation when determining workers' overtime rates. The NPRM focused primarily on clarifying whether certain kinds of perks, benefits, or other miscellaneous items must be included in the regular rate. Because these regulations have not been updated in decades, the proposal’s intent is to better define the regular rate for today's workplace practices.

Expands Employer and Employee Insurance Options

The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, released the following statement in response to the passage today in the U.S. House of Representatives of the American Dream and Promise Act of 2019, a measure to offer conditional green cards and extend work authorizations to individuals who are in the United States under the Temporary Protected Status (TPS) and Deferred Action for Children Arrivals (“Dreamers”) programs: