Labor & HR

September 25, 2013
For employers that use E-Verify, on Sept. 9, 2013, the Tentative Nonconfirmation Notice (TNC) and Referral letter were combined to create the new Further Action Notice and Referral Date Confirmation.  The new notice provides employees with information and instructions related to TNCs and how to resolve them.
September 24, 2013

On Sept. 24, the U.S. Department of Labor’s Office of Federal Contract Compliance Program’s (OFCCP) long-anticipated final rules on veterans and individuals with disabilities (IWD) were posted in the Federal Register.  Both rules increase the affirmative action requirements of direct federal contractors and subcontractors.  The agency pre-released each of the final rules in August but announced that they would not go into effect until 180 days after being published. The effective date of both rules is March 24, 2014.  However, for contractors with a written affirmative action program in place at that time, the affirmative action program requirements do not go into effect until the beginning of the next plan year.

September 23, 2013
On Sept. 18, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) issued new guidance on employee benefit plans as they relate to same-sex marriages.  The guidance is in response to a June 2013 ruling by the U.S. Supreme Court on Section 3 of the Defense of Marriage Act (DOMA).
September 20, 2013
As the new Health Insurance Marketplace mandated by the Affordable Care Act (ACA) prepares to open on Oct. 1, 2013, employers subject to the Fair Labor Standards Act are reminded to distribute a notice of available coverage options in the Marketplace (i.e., Marketplace Notice) to employees.  The notice should be distributed to current employees by Oct. 1 and to new hires within 14 days of the employee’s start date.  This mandate is unaffected by the Administration’s decision to delay enforcement of ACA’s employer mandate.
September 11, 2013
On Aug. 27, the U.S. Department of Labor’s Office of Contract Compliance Programs (OFCCP) announced two final rules that will expand the affirmative-action obligations of direct federal contractors and their subcontractors with regard to veterans and individuals with disabilities.  The rules update regulations under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973. Both rules will be effective 180 days from the date of publication in the Federal Register.  Publication is expected to occur within two weeks.
August 27, 2013
The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, issued the following statement in response to the administration’s decisions to finalize two new employment rules despite federal data indicating no need for the new measures:  “The administration’s decision to finalize two new oppressive employment regulations for federal contractors forces us to object to measures whose goals we support and objectives our members already meet.  That is because these rules will force federal contractors to spend an estimated $6 billion a year to produce reams of new paperwork proving they are doing what the federal government already knows they are doing.
August 12, 2013
First Meeting Sept. 17, Covering Union Jobsite Access AGC of America is pleased to announce a new initiative to enhance service to our open-shop members:  quarterly Open Shop Committee Web Meetings.   These virtual meetings will be free and open to all interested AGC chapter staff and members, whether or not they are members of the committee.  Each meeting will feature: (1) an update by AGC staff on relevant matters; (2) a “Quick Learn” presentation (typically under 30 minutes) by an expert on a different labor-related topic of interest; and (3) a roundtable discussion about that topic and other labor matters of interest at that time. 
August 9, 2013
On Tuesday, Aug. 6, AGC met with the Office of Management & Budget (OMB) to discuss the Office of Federal Contract Compliance Programs (OFCCP) proposed rules that will govern federal contractors’ employment of veterans and people with disabilities.
August 6, 2013
The Obama administration should reconsider its proposal to impose oppressive new regulations governing the employment of veterans and people with disabilities on federal contractors, officials with AGC of America argued today during a meeting with the administration. Association officials said federal employment and compliance enforcement data indicate there is no justification for the costly new rules.
August 1, 2013
This week, the Office of Federal Contract Compliance Programs (OFCCP) sent two final rules to the Office of Management and Budget (OMB) on revising the regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act. This marks the last step in the regulatory rulemaking process. Typically, final rules are under OMB review for 30 to 90 days and after that allotted period of time, the far reaching rules could be finalized and published.

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