News

On November 22, a federal judge issued a nationwide injunction against the U.S. Department of Labor’s (DOL) overtime rule, which was scheduled to take effect on December 1, 2016. As a result of this court order, implementation of the rule is effectively halted. However, the injunction is a temporary measure that suspends the regulation until litigation comes to a close. DOL has said that it is currently “considering all of [its] legal options.” At this time, it is unclear if or when the rule will take effect.
A federal district court on November 16 issued a nationwide permanent injunction preventing implementation of the U.S. Department of Labor's (DOL) “persuader rule.” The ruling is good news for employers and for the associations, attorneys, and consultants that advise them on labor matters.
A contractor signatory to an old “me-too” agreement with an “evergreen” clause could be responsible for benefit and other fund contributions required by a later multiemployer collective bargaining agreement (a “CBA”) even though the contractor was not a member of the multiemployer group and did not grant continuous bargaining rights to the group, the U.S. Court of Appeals for the Third Circuit (DE, NJ, PA) has held.
Earlier this week, the Equal Employment Opportunity Commission (EEOC) announced a new series of enforcement priorities on which it will focus over the next five years. By releasing its second-ever Strategic Enforcement Plan, the EEOC provided a clear message to employers regarding the areas that will occupy a considerable amount of attention when it comes to investigations, enforcement actions, and litigation from 2017 to 2021.
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Wednesday, Nov. 16 | 2:00-3:30 p.m. EST
The U.S. Department of Labor (DOL) has released its final rule to implement Executive Order 13706, which requires federal contractors to provide paid leave to employees for sickness and other covered purposes. AGC submitted extensive comments regarding the DOL proposed rule and testified before Congress on the significant statutory and practical compliance problems the executive order presents for the construction industry. Many of the complications in the proposed rule remain in the final rule, but several changes were made in response to AGC requests. Answers to key questions about the rule are provided below.
On September 29, the U.S. Equal Employment Opportunity Commission (EEOC) announced that starting March 2018, it will collect summary employee wage and hours-worked data from some employers. Employers are required to continue use of the existing form until March 2018, when 2017 data will be reported. Visit the EEOC’s website for a sample of the new form.
On September 23, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced a significant expansion of its Mega Construction Project (MCP) Program. The expanded program will use new, standardized processes, expanded resources, experienced new staff, and agency oversight, including the addition of a national coordinator.
Executive Order 13658 was signed by President Obama in 2014, and its corresponding regulations implemented an hourly minimum wage for workers performing work on covered federal contracts of $10.10 per hour beginning on January 1, 2015. The order mandated that the Secretary of Labor determine a new minimum wage annually, based on the annual percentage increase in the Consumer Price Index for urban wage and clerical workers. Notice is required to the public at least 90 days before the new wage goes into effect each year.