On October 28, 2009, President Obama signed into law the 2010 National Defense Authorization Act (2010 NDAA), which expands the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act (FMLA).  The law took effect immediately.

Secretary of Transportation Ray LaHood is calling on employers to enact a written policy that prohibits employees from using a phone or messaging device while driving.  Resources for developing such a policy are available on the Secretary's blog.The Drive Against Distraction program is aimed at keeping everyone safe on the nation's roads.  Employers that embrace this plan are encouraged to write about it on the Secretary's blog.

Open-shop contractors planning to provide raises to skilled craft workers in 2009 expect to raise wages by an average of 2.88 percent, according to the latest Merit Shop Craft Survey report issued by PAS, Inc.  When data from contractors not planning raises are included, the overall anticipated increase averages only 1.96 percent.  This compares to actual increases of 4.1 percent (excluding zero-increases) and 3.7 percent (including zero-increases) in 2008, and represents the lowest average increases seen in over 15 years.  Based on historical experience and other factors, however, PAS projects that increases will actually end up in the range of 2.3-2.8 percent nationally, and even higher in a few high-demand areas.  Although the demand for skilled trades has been limited in most areas of the country so far this year, high demand continues in pockets of the Gulf Coast and Midwest regions, PAS found.

December 3, 2009 | December 8, 2009 | December 10, 2009 2:00 PM - 3:30 PM ET Are you or your company facing federal prevailing wage laws for the first time? With the downturn in the availability of commercial work, many construction contractors are bidding on federal and federally-assisted work, and having to comply with the Davis Bacon and Related Acts for the first time. The application of the Davis-Bacon and Related Acts to all projects funded under the American Recovery and Reinvestment Act of 2009 is also responsible for leaving many contractors uncertain about the requirements of federal prevailing wage laws and the consequences of non-compliance. Industry experts, including the head of enforcement for the U.S. Department of Labor's Wage & Hour Division (WHD) and the head of the Davis-Bacon Wage Determinations division of WHD, will provide you and your members with the information necessary to understand the specific requirements of the Davis-Bacon and Related Acts in a contractor-friendly manner. 

AGC held a regional meeting with the National Construction Alliance II (NCAII) on October 2 in Seattle, WA.  Members and chapter staff from collective bargaining chapters in the Northwest attended, along with International Union of Operating Engineers General President Vince Giblin, United Brotherhood of Carpenters General President Doug McCarron, Union Contractors Committee Chairman Jim Clemens, AGC Union Contractors Committee Staff Associate Denise Gold, NCAII Executive Vice President Ray Poupore, and other leaders from NCAII, the Operating Engineers, and the Carpenters.

The Department of Homeland Security (DHS) has issued a final rule rescinding the so-called "No-Match rule" first issued in August 2007 and supplemented in October 2008.  The final rule is the same as the proposed rule issued in August 2009.

AGC of America, in cooperation with AGC of  New Hampshire, sent a letter last week to the Department of Labor expressing concerns about the agency's decision to include a project labor agreement (PLA) mandate in solicitations related to the construction of a new Job Corps Center in Manchester, N.H., and demanding information about the agency's justification and decision-making process.

A hot topic for discussion throughout 2009 has been the anticipated increase of new employment laws potentially introduced by the Obama administration.  While these new laws have not yet surfaced, the administration has focused heavily on the increased enforcement of existing employment laws by government agencies across the board, and employers are encouraged to prepare now or face tough penalties.

A rule requiring federal contractors and subcontractors to use the Department of Homeland Security U.S. Citizenship and Immigration Services' E-Verify system to verify their employees' authorization to work in the U.S. is now in effect.  The rule applies to federal solicitations and contract awards government-wide beginning September 8. 

On September 3, AGC submitted comments on a proposed rule issued by the U.S. Department of Labor ("the Department") Office of Labor-Management Standards titled "Notification of Employee Rights Under Federal Labor Laws."  The proposed rule implements Executive Order 13496, which requires federal agencies to include a new clause in nonexempt contracts requiring contractors and subcontractors to post notices informing their employees about their rights under the National Labor Relations Act ("NLRA").  The proposed rule establishes the content of the notice and sets forth sanctions, penalties, and administrative procedures related to findings of noncompliance.