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Phyllis Harden

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

May 12, 2009
The U.S. Supreme Court has held that a collective bargaining agreement that "clearly and unmistakably" requires union members to arbitrate claims under the Age Discrimination in Employment Act (ADEA) is enforceable as a matter of federal law.  The case is 14 Penn Plaza LLC v. Pyett, 129 S.Ct. 1456 (April 1, 2009).
May 5, 2009
The AGC Labor and Employment Law Council - a network of labor lawyers who represent AGC members and chapters - held its 25th Annual Construction Labor Law Symposium on April 24 in Washington, D.C.
April 16, 2009
The federal government has agreed to even further delay implementation of the E-Verify rule for federal contractors.  Contracts and solicitations issued prior to June 30, 2009, will not contain the mandate.  Click here for the Federal Register notice.
April 2, 2009

On April 3, 2009, employers were required to begin using a new I-9 form to verify the employment eligibility of newly hired employees and employees with expiring employment authorizations, according to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS).  The new form is available for downloading on the USCIS Web site.

March 12, 2009
What companies are required to offer the COBRA subsidy? COBRA generally applies to plans sponsored by employers with more than 20 employees. Many states have similar requirements for small plans providing benefits through an insurance company. The premium reduction is available for plans covered by these state laws.
March 12, 2009

The American Recovery and Reinvestment Act of 2009 (ARRA), generally known as the economic stimulus package, will temporarily require employers to disregard breaks in healthcare coverage lasting more than 63 days when issuing certificates of creditable healthcare coverage.  The act also temporarily increases pre-tax transportation benefits though December 2010.

February 23, 2009

There is no doubt that the economy is affecting the construction industry across the board. From highway infrastructure to building, construction companies across the country are feeling the pinch of the recession, so much so that many are seriously considering cut-backs and layoffs.  Caterpillar, Inc., the world's leading maker of heavy equipment used in construction, recently announced job cuts that will ultimately terminate nearly 20,000 positions.  Depending on each company's financial situation, layoffs for some are inevitable, but for many companies there are several ways that employers can cut costs to put off or avoid lay-offs.

February 19, 2009
This week, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA).  Totaling nearly $790 billion, the stimulus package will have a significant impact on the way employers administer the Consolidated Omnibus Budget Reconciliation Act (COBRA), while also implementing a few mandates relative to executive compensation, payroll administration and the recruitment of H-1B visa recipients. 
February 12, 2009

The Lilly Ledbetter Fair Pay Act, which extends the time period allowed for employees to seek compensation for unequal pay practices was signed into law by President Barack Obama on January 29, 2009.  The act is retroactive to May 28, 2007, and applies to all claims of pay discrimination on or after that date.

February 12, 2009
On February 6, Pres. Obama issued an executive order revoking an executive order issued by Pres. George W. Bush that largely prohibited federal agencies from imposing a project labor agreement on federal and federally assisted construction projects.  The new order encourages agencies to consider imposing a project labor agreement but fall short of requiring agencies to do so.


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