On August 10, the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced its plan to start scheduling focused reviews of federal contractors beginning in Fiscal Year 2019. Directive 2018-04 directs OFCCP staff to “work towards ensuring that a portion of future scheduling lists, starting with Fiscal Year 2019, include focused reviews as to each of the three authorities that OFCCP enforces.”
Early Bird Cutoff Date Extended One Week Only!
Apply for AGC’s Diversity & Inclusion Awards by October 15
On August 1, the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) released a set of practical expectations for contractors when undergoing an audit or otherwise interacting with the agency. Under this new guidance, federal contractors will have opportunities to provide input on training and additional compliance assistance, see a response time of three-to-four business days on inquiries, and get feedback on ongoing investigations.
The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, released the following statement...
Collective bargaining negotiations settled from January through June 2018 resulted in an average first-year wage-and-benefits increase of 3.0 percent or $1.65, according to the Construction Labor Research Council’s (CLRC) latest – and redesigned – Settlements Report. While most first-year increases were in the 2.1-2.5 percent and 2.6-3.0 percent ranges, CLRC reported a “noticeable” percent of first-year increases of over 5 percent. For newly negotiated multi-year agreements, the average increase for both the second and the third year of the contract was 2.8 percent. The Insulators had the highest average first-year increase at 4 percent, while the Boilermakers had the lowest at 2.1 percent.
The U.S. Department of Labor has published a final rule rescinding the controversial “Persuader Rule” issued under Pres. Obama. This is a victory for AGC and others who opposed the regulation and urged the Trump administration to rescind it.
Early Bird Rates End August 14
National Labor Relations Board (NLRB) General Counsel Peter Robb has issued a memorandum about the NLRB’s new approach to cases charging that employee work rules or employment policies (also referred to as employee handbook policies) unlawfully interfere with employees’ rights under the National Labor Relations Act (NLRA). The memo was written in follow-up to the NLRB’s December 2017 Boeing decision and provides employers with useful guidance.
The U.S. Court of Appeals for the Ninth Circuit (AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam) has ruled that an asset purchaser that was deemed a successor was liable to pay the seller’s pension fund withdrawal liability even though the purchaser did not have actual knowledge of the liability. The circuit court found that constructive notice of the liability was sufficient to impose withdrawal liability on the asset purchaser. The ruling raises the hurdles that a successor must overcome to avoid withdrawal liability in an asset sale transaction.