Human Resources & Labor

On May 21, 2018, the U.S. Supreme Court upheld the legality of arbitration agreements containing collective- and class-action waivers.  The Court held that arbitration agreements providing for individualized proceedings are valid and that neither the Federal Arbitration Act’s (“FAA”) savings clause nor the National Labor Relations Act (“NLRA”) suggests otherwise.

On May 9, 2018, the Trump Administration unveiled its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions mapping out federal agency priorities for the coming months.  This bi-annual publication informs the public of regulations under consideration or planned by federal agencies. The present agenda includes several submissions by labor agencies.

Responding to recommendations from a 2016 Government Accountability Office (GAO) report and input gathered from succeeding Compliance Assistance Town Halls and stakeholder meetings, the Office of Federal Contract Compliance Programs (OFCCP) has released its “Town Hall Action Plan” addressing “three general areas of focus:  training, communication and trust.” 

On April 18, AGC submitted a response to the National Labor Relations Board’s Request for Information regarding representation-case procedures.  AGC also signed onto a response submitted by the Coalition for a Democratic Workplace (CDW).  Both responses call on the Board to rescind or modify its 2014 rule that changed the procedures for union representation elections.  The rule is often called the “quickie” or “ambush” election rule because it expedites the procedures in a way that can disadvantage employers that oppose a union organizing campaign.