A common misunderstanding among federal construction contractors is that they never have to prepare written affirmative action plans (AAPs). They often base this on their not having to prepare written AAPs for minorities and women under Executive Order 11246. Unlike supply and service contractors, construction contractors do not prepare written AAPs for women and minorities. The Office of Federal Contract Compliance Programs' (OFCCP) regulations concerning written AAPs for protected veterans and individuals with disabilities apply to most construction contractors the same as non-construction contractors, however. This article will highlight protected veterans and individuals with disabilities obligations that covered construction contractors commonly overlook.
On June 14, the Office of Federal Contract Compliance Programs (OFCCP) published its final rule requiring federal and federally-assisted contractors to meet the provisions of Executive Order 11246 prohibiting sex discrimination in employment. This rule updates sex discrimination guidelines from 1970 with new regulations that align with current law and address the realities of today’s workplaces. The rule takes effect on August 15. OFCCP will host a free webinar to educate federal contractors on the requirements of the rule on Thursday, June 16, at 2:00 PM ET.
AGC and seven other trade associations on June 15 jointly filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in the Browning-Ferris Industries case concerning the definition of “joint employer” under the National Labor Relations Act. The brief supports Browning-Ferris Industries’ appeal of the August 2015 National Labor Relations Board decision expanding that definition. It supplements the appeal by emphasizing the adverse impact of the decision on the U.S. economy in general and in the construction, healthcare, hospitality, retail, and franchising industries in particular.
The Office of Federal Contract Compliance Programs (OFCCP) recently published its 2016 annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark. The benchmark is 6.9 percent and reflects the national percentage of veterans in the civilian labor force for 2016, as determined by the Bureau of Labor Statistics (BLS). The new number is a slight decrease from last year’s 7 percent benchmark.
The AGC Labor and Employment Law Council (LELC) recently held its 32nd Annual Construction Labor Law Symposium in Washington, DC. Attorneys and chapter labor relations managers from across the country learned about the latest developments in labor and employment law and the significance for construction employers.
On May 18, the U.S. Department of Labor’s Wage and Hour Division (WHD) released its final rule implementing changes to the Fair Labor Standards Act (FLSA) overtime regulations. The rule will be officially published in the Federal Register on May 23. The most significant change is a doubling of the standard salary threshold for exempt employees – from $455 per week ($23,660 per year) to $913 per week ($47,476 per year). The rule takes effect on December 1, 2016. The most significant change is a doubling of the standard salary threshold for exempt employees – from $455 per week ($23,660 per year) to $913 per week ($47,476 per year). The rule takes effect on December 1, 2016.
On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules on employer-sponsored wellness programs. The final rules clarify the EEOC’s position on wellness plan compliance with the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The final rules also attempt to reconcile differences between the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Affordable Care Act, and the EEOC’s proposed rules relating to wellness programs, which were released last year. Employers now have a clearer roadmap to follow when designing voluntary workplace wellness programs.
The U.S. Department of Labor (DOL) recently published a new guide for employers called “The Employer’s Guide to the Family and Medical Leave Act (FMLA).” The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
On May 9, the Equal Employment Opportunity Commission (EEOC) issued new guidance for employers that addresses the rights of employees with disabilities who seek leave as a reasonable accommodation under the Americans with Disabilities Act of 1990 (ADA). The document, Employer-Provided Leave and the Americans with Disabilities Act, responds to common questions employers and employees have raised about leave requests that concern an employee’s disability.
Amendment Added to House Defense Bill