News

The Department of Treasury and the Pension Benefit Guaranty Corporation (PBGC) recently issued separate “requests for information” to aid in their development of regulations to implement the Multiemployer Pension Reform Act (MPRA) and AGC joined with other construction industry stakeholders to submit detailed comments to Treasury and PBGC on April 6, 2015.
The U.S. Supreme Court ruled in a March 25 decision that an employee should have her day in court to determine whether or not United Parcel Service, Inc. violated the Pregnancy Discrimination Act when it denied light-duty work to a pregnant employee who was restricted from heavy lifting by her medical provider.
Deceptively considered one of the simplest forms completed during the hiring process, Form I-9 is often riddled with errors that could place your company in jeopardy if audited by the U.S. Department of Homeland Security (DHS). Its companion, E-Verify, often leaves employers confused about what to do when an employee's documents may not check out. To help construction contractors avoid the pitfalls of non-compliance, AGC is hosting two webinars in April. An April 28 webinar will address the real deal on Form I-9, and an April 29 webinar will address issues surrounding E-Verify. Both webinars are ideal for project managers, superintendents, office managers, HR staff, or anyone who signs Form I-9 and/or uses E-Verify.
Contractors concerned about enhanced opportunities for union organizing under new regulations can take steps now to be prepared, explained attorney Rick Samson of Ogletree Deakins at AGC of America’s Annual Convention in San Juan, PR. Samson spoke at a March 18 session titled “Understanding and Preparing for New Union Representation Procedures” hosted by the Open Shop Committee and Chairman Bob Lanham.
North America’s Building Trade Unions (the Building Trades) “will work with whoever will work with us,” said its president Sean McGarvey during a session at AGC of America’s Annual Convention on March 19 in San Juan, PR. “We’re not about political parties. We’re about [construction workers]…Both parties have changed, and we have no permanent friends and no permanent enemies. That’s our approach,” he said.
The Department of the Treasury and the Internal Revenue Service (IRS) recently released final instructions and tax forms for the Affordable Care Act’s (ACA) information reporting requirements for employers and health insurers under Internal Revenue Code sections 6055 (Forms 1094-B and 1095-B) and 6056 (Forms 1094-C and 1095-C). The agencies also released final transmission forms that will be used to submit the information to the IRS. The IRS initially released the draft tax forms on July 24, 2014, and the draft instructions on August 28, 2014. The final forms and instructions are largely consistent with draft forms and instructions released last summer. Instructions for electronic filing of the information returns are under development. Employers who file at least 250 forms annually are required to file electronically.
On March 26, the U.S. Department of Labor’s (DOL) recently announced change to federal regulations under the Family and Medical Leave Act (FMLA) that would expand the definition of spouse to include same sex marriages was halted by a federal judge in Texas.
The Wage & Hour Division (WHD) recently made available two video presentations on its website for construction employers regarding Davis-Bacon Act wage surveys. One presentation, the Davis-Bacon Wage Survey Process, explains how Davis-Bacon wages are established, as well as survey instructions and the importance of survey participation. The other presentation, Completing WD-10, walks construction contractors through the process of completing Form WD-10, the Davis-Bacon wage survey form. The videos were created in response to a request from AGC to make information more easily accessible to contractors electronically, rather than requiring travel to live, in-person events. Both videos are located on WHD’s website.
Once again, HR and Training Professionals in the Construction Industry will come together in October for AGC’s Construction HR and Training Professionals Conference. The Conference will take place October 7-9 in St. Louis, Missouri at the Hyatt Regency at the Arch. Registration and hotel information will be available at http://www.agc.org/trainingHRConference in the coming weeks.
On March 18, 2015, the general counsel for the National Labor Relations Board (NLRB or Board) issued a Report Concerning Employer Rules. The report was issued in an effort to provide guidance on the use of employer rules as they relate to the National Labor Relations Act (NLRA). Using a few of the most frequently litigated employee handbook rules, the report includes several examples of common employee handbook policies and why the Board may or may not find those policies to be lawful. Both union and non-union employers may find this information useful, as both are subject to the NLRA.