Revised regulations addressing affirmative action obligations of federal contractors in the employment of individuals with disabilities (IWDs) took effect on March 24 as scheduled, following a failed legal challenge by the Associated Builders and Contractors (ABC). On March 21, the U.S. District Court for the District of Columbia denied ABC’s request to enjoin the new rule, rejecting each of the associations many arguments.
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 Oct. 15-17 in Phoenix, Ariz. at the Sheraton Phoenix Downtown. Information about the event is located on the AGC website. Registration will open in the Spring.
The U.S. Court of Appeals for the Third Circuit (DE, NJ, PA, VI) recently upheld the National Labor Relations Board’s conclusion that Sheet Metal Local Union No. 27 violated Section 8(b)(4)(ii)(D) of the National Labor Relations Act when it pursued a federal lawsuit against a general contractor that complied with the Board’s 10(k) order instead of the contractual work assignment provisions of a project labor agreement.
On March 13, President Obama signed a presidential memorandum directing the Secretary of Labor to propose changes to regulations governing which employees are entitled to overtime pay under the Fair Labor Standards Act (FLSA).
On Jan. 10, the Internal Revenue Service (IRS) released final regulations governing the employer shared responsibility provisions of the Affordable Care Act (ACA).1 The final rule addresses application of the so-called "play or pay" requirement that was added by the ACA. Under this requirement, employers with 50 or more full-time employees (as such term is defined in the rules) must offer health coverage to full-time employees and their dependents or pay a penalty. Even employers that offer coverage may incur a penalty if that coverage does not provide "minimum value" to plan participants or if it is not "affordable."
AGC joined 54 trades associations in a letter to the Department of Labor (DOL) on the proposed “persuader” rulemaking from the Office of Labor-Management Standards that would broaden reporting requirements of labor relations consultants (including attorneys and associations) who conduct activities to persuade employees concerning their rights to organize or bargain collectively and of the employers who receive assistance from such consultants. The proposed rule would have a damaging impact on the construction industry due to various unique features of labor relations and labor law in the industry and due to the rule's inclusion of association-provided advice and education as "persuader" activity.
On Feb. 12, President Obama signed an executive order that raises the minimum wage for direct federal contractors to $10.10 per hour. Federally assisted contracts are not affected. The new mandate affects contracts entered into on or after Jan. 1, 2015.
The U.S. Department of Labor’s Wage and Hour Division (WHD) has scheduled six upcoming seminars throughout the country to educate federal and federally assisted contractors on the Davis-Bacon and Related Acts and other federal contracting wage laws the agency enforces. Each two-and-a-half day seminar will address such topics as the process of obtaining wage determinations and adding classifications, compliance assistance and enforcement procedures, and the process of appealing wage rates. Topics for a series of special sessions on the final day of the seminars will be announced on site.
On March 20, 2014, AGC will host a webinar on the implications of one of the most talked-about state laws that is sweeping its way across the country, legalized marijuana. The webinar, Legalized Marijuana: Implications for the Construction Workplace, will be held from 2:00 p.m. – 3:30 p.m. EDT. Registration is $99 for members and $129 for non-members.
AGC is seeking presentations for one of its most sought-after annual conferences, the Construction HR and Training Professionals Conference. For 2014, the conference will be located in Phoenix, Ariz., Oct. 15-17. A Federal Construction HR Workshop will be held Oct. 15, in conjunction with the Conference.