Labor & HR

July 17, 2009
AGC held a regional meeting with the National Construction Alliance II (NCAII) on July 13 in Chicago, IL.  About 50 members and staff from various collective bargaining chapters in the Mid-America Region of AGC's Executive Leadership Council attended, along with Operating Engineers General President Vince Giblin, Carpenters General President Doug McCarron, Union Contractors Committee Chairman Jim Clemens, AGC Union Contractors Committee Staff Associate Denise Gold, and NCAII Executive Vice President Ray Poupore.
July 16, 2009

Construction HR professionals have been burdened with the responsibility of properly handling reductions-in-force (RIFs), lay-offs and furloughs; sometimes at a moment's notice.  These situations can be difficult to handle legally, practically, and emotionally.

July 10, 2009
Resolving a thorny issue faced by employers finding themselves threatened with a discrimination claim regardless of what action they take, the Supreme Court on June 29 held that an employer that acts in a race-conscious fashion to avoid being sued under a disparate-impact theory, must have something more than a good-faith belief that such a suit was likely - otherwise, it has violated Title VII of the 1964 Civil Rights Act. 
July 9, 2009
The Office of Federal Contract Compliance Programs (OFCCP), responsible for ensuring that contractors doing business with the federal government do not discriminate and take affirmative action, will soon begin conducting compliance reviews of construction contractors who receive funding and grants from the American Recovery and Reinvestment Act of 2009 (ARRA). 
July 9, 2009

The Department of Homeland Security (DHS) on July 8 announced the Administration's intent to "push ahead with full implementation" of a rule requiring federal contractors to use the E-Verify system to verify employees' authorization to work in the U.S.  The E-Verify rule will apply to federal solicitations and contract awards government-wide beginning September 8.  At the same time, DHS announced its intent to issue a new regulation rescinding a rule establishing procedures for employers to follow upon receipt of a "no-match letter" from the Social Security Administration (SSA) or DHS.

July 8, 2009
The minimum wage established by the Fair Labor Standards Act (FLSA) will increase from $6.55 per hour to $7.25 per hour on July 24, 2009. The increase is the final phase of a three-part phase-in mandated by legislation enacted in 2007.  The first phase took effect on July 24, 2007, increasing the hourly rate from $5.15 to $5.85.  The second phase took effect on July 24, 2008, increasing the hourly rate from $5.85 to the current rate of $6.55.
July 8, 2009

In recent weeks, the Department of Homeland Security (DHS) has begun fulfilling its promise of investigating employers who hire illegal workers by initiating two major steps: conducting audits of employers' I-9 forms and preparing for increased monitoring of the E-Verify System.

July 6, 2009
Attending the Associated General Contractors of America's (AGC) 2009 Training & Development Conference and HR Professionals Conference provides a unique opportunity for contractor and chapter staff to participate in industry-focused sessions to learn innovative approaches to managing training and human capital.
July 1, 2009

At AGC's urging, the U.S. Supreme Court has agreed to hear Granite Rock Company v. International Brotherhood of Teamster, a case that arose after that international union prevailed upon one of its locals to go on strike in violation of a newly ratified agreement between the local and the Granite Rock Company, a longstanding member of the AGC of California and AGC of America.   The case provides an opportunity for the Court to clarify the scope of Section 301 of the Labor Management Relations Act, which gives the federal courts exclusive jurisdiction over "[s]uits for violations" of collective bargaining agreements, and preempts any state law that purports to govern either the interpretation or the enforcement of such agreements. 

June 30, 2009
On June 26, 2009, the U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security, announced that the current Form I-9 will continue to be valid for use beyond its expiration date of June 30, 2009.

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