From category archives: ABC Academy & GA Articles
Includes articles relating to: Union Organizing, Workplace Safety, Immigration, HR Policy, Davis-Bacon, and NLRB
ABC’s General Counsel, Maury Baskin of Littler Mendelson, Washington, D.C., argued against the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule on March 3. Baskin argued against the rule, also known as Representation-Case Procedures, in the 5th Circuit Court of Appeals, New Orleans, La. on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB). A ruling in the case is expected in the late spring or early summer.
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On Feb. 25, 2016, the U.S. Department of Labor (DOL), Wage and Hour Division released a proposed rule to implementExecutive Order 13706 requiring certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care.
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On Jan. 20, the U.S. Department of Labor (DOL), Wage and Hour Division Administrator David Weil released a detailedAdministrator’s Interpretation (AI) and related guidance on the definition of joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
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In its Jan. 29 decision in Guardsmark, LLC, the National Labor Relations Board (NLRB) extended its restriction on captive audience meetings in the run up to a mail ballot union election by an additional 24 hours.
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On Jan. 20, ABC submitted comments in response to the U.S. Department of Labor’s Employment and Training Administration proposed rule which seeks to update the equal opportunity regulations that implement the National Apprenticeship Act of 1937 by amending 29 CFR Part 30.
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ABC is reminding its contractor member firms that their 2015 Occupational Safety and Health Administration (OSHA) Form 300A work-related injury and illness log summaries must be posted in a visible spot on all construction sites Feb. 1 through April 30.
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A year after OSHA’s new injury and illness reporting requirements went into effect (Jan. 1, 2015); the agency launched a webpage to allow employers to electronically report cases. Employers now have three ways to report incidents: electronically through OSHA’s new web portal,
https://www.osha.gov/report.html; by phone (1–800–321–OSHA or 1–800–321–6742); or by contacting the nearest OSHA Area Office.
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ABC, as part of a coalition representing more than 50 employer organizations, sent a letter Dec. 18 to the Office of Information and Regulatory Affairs (OIRA) urging them to delay issuing the Department of Labor’s (DOL) final "persuader" rule until it finalized a rulemaking scheduled for later this year that will make significant changes to Form LM-21, which employers are required to file when they hire a persuader. The final “persuader” rule is currently under review at OIRA.
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The U.S. Department of Labor (DOL) released its latest regulatory agenda on Nov. 20. The agenda lists the priorities of the administration and the rulemakings they expect to release in 2016, their final year. An update on rulemakings affecting the construction industry is below.
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The Department of Labor (DOL) issued a proposed rule revising the equal employment opportunity regulatory framework for the National Apprenticeship Act on Nov. 6. Current regulations prohibit discrimination in registered apprenticeship programs on the basis of race, color, religion, national origin, and sex. The proposed rule updates the equal opportunity standards to include age (40 or older), genetic information, sexual orientation and disability among the protected base that cannot be discriminated against. It requires sponsors to take affirmative action to provide equal opportunity in the registered apprenticeship programs.
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