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Phyllis Harden

Legislative & Special Projects, Pine Bluff Sand & Gravel
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Labor & HR

Contractor Bound to PLA Breached Contract by Assigning Work to Carpenters

February 19, 2010
A subcontractor that assigned roofing work on a project covered by a project labor agreement (PLA) to workers represented by a union that was not signatory to the PLA is liable for breach of contract under state common law, despite a National Labor Relations Board (NLRB) decision upholding the assignment under Section 10(k) of the National Labor Relations Act, the U.S. District Court for the District of New Jersey has held.
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2010 HR Professionals Conference and Training and Development Conference to be Co-Located in Arizona

February 17, 2010
Planning is under way for two of AGC's most sought-after annual conferences, the HR Professionals Conference and the Training & Development Conference.  For 2010, the conferences will be co-located in Scottsdale, Arizona, October 18-20, with separate tracks for each conference. 
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Social Networking Policy May Protect Employers From Federal Trade Commission Violations

February 17, 2010
The Federal Trade Commission (FTC), the agency responsible for protecting consumers from fraudulent, deceptive and unfair business practices, has for the first time since 1980 published new guidelines about the use of endorsements and testimonials.  While the issue may seem broad, the mention of 'social media' and 'blogging' and the perception that employees may be considered by consumers as 'paid endorsers' is a reminder for employers who haven't already created effective social media policies to do so.
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OFCCP to Focus on Affirmative Action Compliance; Construction Industry Targeted Yet Again

February 17, 2010
According to the Bureau of National Affairs (BNA), the U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP), which is responsible for ensuring that those doing business with the federal government don't discriminate and take affirmative action, this year, plans to hire more staff, conduct more onsite reviews, and place a greater emphasis on affirmative action compliance.  Specifically, OFCCP has announced plans to develop proposed rules to strengthen recruitment and hiring goals for military veterans and persons with disabilities, and to propose new affirmative action standards for the construction industry.
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IRS to Randomly Audit 6,000 Employers

January 29, 2010

Beginning in February, the Internal Revenue Service (IRS) will begin to randomly audit an estimated 6,000 U.S. companies.  As one of the agency's largest campaigns since 1984, the results of the audits are expected to generate revenues for the agency as well as provide statistical data on employer tax compliance.

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Registration Now Open for AGC's Collective Bargaining Webinar Series

January 25, 2010
February 16, 18, and 23, 2010 Chapter staff, contractors and attorneys involved in the negotiation of collective bargaining agreements should register now for AGC of America's first-ever Web-based collective bargaining workshop.  The webinar will be conducted in three 90-minute sessions on February 16, 18, and 23, starting at 2:00 p.m. Eastern Standard Time.
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COBRA Subsidy Extended; New Notice Requirement

January 4, 2010

According to a news statement issued by the U.S. Department of Labor on December 21, 2009, the program that offers insurance premium reductions to certain employees that were involuntarily terminated and their dependents (collectively known as assistance eligible individuals or AEIs) has been extended.  The extension, which amends the American Recovery and Reinvestment Act of 2009 (ARRA), relates to the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the 65 percent premium reduction that it offers to AEIs.

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Davis-Bacon Webinar Series Provides Training for Many Construction Contractors

December 17, 2009
On December 10, 2009, AGC completed its three-day webinar series on the Davis-Bacon and Related Acts (DBRA): The Ins and Outs of Federal Prevailing Wage Law.  With nearly 400 registered participants, the series helped many current and future federal contractors by providing information necessary to understand the specific requirements of the Davis-Bacon and Related Acts in a contractor-friendly manner.
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DOL Releases New Version of Employment Law Guide

December 17, 2009
The U.S. Department of Labor (DOL) recently released an updated version of its Employment Law Guide, an online publication for workers and employers that describes the major employment laws administered by the department.
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Pandemic Flu Prompts EEOC to Issue Guidance for Employers on ADA

December 1, 2009
With President Obama declaring a national emergency in response to the H1N1 influenza, commonly referred to as "Swine Flu," many government entities have encouraged employers to create their own plans for helping to prevent the spread of such an outbreak in workplaces across America, while ensuring continued business operations.  The latest government entity to issue such guidance is the Equal Employment Opportunity Commission (EEOC), which wants to ensure that Americans with disabilities and workers with a different national origin are not discriminated against during the flu-prevention process.
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