The U.S. Court of Appeals for the Ninth Circuit (AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam) has upheld the dismissal of two lawsuits brought by the Carpenters against various AFL-CIO affiliates and representatives.  The cases stem from actions allegedly taken by the AFL-CIO’s Building and Construction Trades Department (“BCTD”) and others during a “Push-Back-Carpenters Campaign" aimed at forcing the Carpenters to re-affiliate with the BCTD.

The U.S. Department of Labor (DOL) released new Affordable Care Act FAQs making it clear that employers are prohibited from providing a cash reimbursement to employees for the purchase of an individual market policy regardless of whether the reimbursement is on a pre-tax or after-tax basis. The DOL considers these types of arrangements to be "group health plans" and subject to the market reform provisions of the Patient Protection and Affordable Care Act; a group health plan that simply reimburses premiums will not satisfy these market reform provisions and will therefore violate the Affordable Care Act. Violation of these requirements can result in substantial excise taxes to the employer.

On November 3, AGC submitted comments to the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in response to its request to the Office of Management and Budget (OMB) to extend the approval of the construction information collection requirement (ICR).  The ICR addresses recordkeeping and reporting for compliance with Executive Order 11246 (EO), Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act.  The existing approval expires December 31.

Included are separate videos for supervisors and non-supervisors, each with optional Spanish closed-captioning. AGC is excited to announce the release of a new harassment prevention training  DVD called Diversity Rules: Harassment Prevention, Sensitivity & Correction Training for Construction Workers and Supervisors (“Diversity Rules”). Diversity Rules is one DVD with two training videos designed to aid construction employers with harassment prevention, sensitivity, and correction training. One video on the DVD is targeted for an audience of supervisors and the other is targeted for an audience of non-supervisors.  Both videos were filmed on a construction jobsite and are equipped with Spanish-language closed-captioning that the trainer can turn on or off.  The DVD is available in the AGC bookstore.

The Internal Revenue Service (IRS) recently announced cost-of-living adjustments impacting qualified retirement plans and health flexible spending accounts (FSAs) for 2015.

AGC’s 2014 Construction HR & Training Professionals Conference wrapped up Oct. 17 after two days of education, sharing of best practices and networking in Phoenix, AZ.  The conference continues to be a must-attend event for HR and training professionals in the construction industry.

The Davis-Bacon and Related Acts (“DBRA”) -- prevailing wage laws that cover most federal and federally assisted construction projects -- impose a plethora of often-confusing mandates.  Federal contractors and their subcontractors also face new rules (often referred to as the “10.10 Rule”) establishing a special minimum wage for employees who work on or in connection with a Davis-Bacon covered contract.  Failure to comply with these laws puts covered contractors at risk of catastrophic consequences, from high-dollar penalties to debarment.  On December 9 and 10, AGC of America will conduct a two-part webinar to help such contractors’ HR and other compliance personnel better understand the mandates and avoid those risks.

AGC of America has submitted an amicus brief with the National Labor Relations Board in a case involving common-situs picketing.  The case, IBEW Local 357 (Desert Sun Enterprises), presents an opportunity for the Board to reconsider its long-standing requirement that, when a union notifies a neutral employer of its intent to picket a primary employer (the employer with which it has a direct dispute) at a site where both employers are located, the union must include assurances that it will conduct the picketing in accordance with set standards for lawful picketing.

Collective bargaining chapters and AGC-member union contractors are invited to participate in the next quarterly conference call of AGC of America’s Union Contractors Committee on Thursday, Dec. 4 at 3:00 p.m. EST.  The agenda includes reports on legal and labor relations developments since the last call and a roundtable discussion of activities of interest to union contractors.  AGC membership is required, but Committee membership is not.  Chapter leaders and staff are especially encouraged to come prepared to share information about local bargaining, jurisdictional disputes, and other matters, along with any questions they’d like to ask of fellow union contractors and chapters.

Join AGC of America’s Open Shop Committee and HR Forum for a web meeting featuring a “Quick Learn” presentation on drug and background screening on November 19 starting at 3:00 p.m. Eastern Standard Time. Following an update by AGC Associate General Counsel Denise Gold on various legal developments, experts Thomas Eden of Constangy, Brooks & Smith, LLP and Joy Osburn of Wolfe, Inc. will provide a PowerPoint presentation on how to protect your company from costly hiring mistakes through effective drug and background screening.