On June 15, 2016, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a final rule on Discrimination on the Basis of Sex.  The final rule applies to federal contractors (including subcontractors) and is effective on Aug. 15, 2016. 

On June 27, the U.S. District Court for the Northern District of Texas issued a nationwide injunction that will block the U.S. Department of Labor (DOL) from implementing the persuader rule, officially titled the Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA), which was scheduled to go into effect on July 1.  

The U.S. Department of Labor announced that the new annual hiring benchmark under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) is 6.9 percent, down slightly from 7 percent in 2015. The act requires federal contractors to take affirmative action to recruit, hire, promote and retain veterans.

On June 10, 2016, the 5th Circuit Court of Appeals issued a decision rejecting ABC’s challenge to the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule.  ABC General Counsel Maury Baskin of Littler Mendelson P.C., Washington, D.C., argued the case on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB) Texas on March 3 in New Orleans. 

On May 16, the U.S. Equal Employment Opportunity Commission (EEOC) released final rules under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) that address employer-sponsored wellness programs and financial inducements.  The rules specifically limit incentives for participation in programs that involve disability-related inquiries and/or medical examinations or require the disclosure of a spouse’s current or past health status information. 

On June 2, the U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule increasing the penalty for failure to post notices of worker rights under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Genetic Information Nondisclosure Act (GINA).  Under the final rule, the maximum fine for failure to comply with these notice-posting requirements rises from $210 to $525 per violation.  

The administration released the latest regulatory agenda on May 18th which outlines the priorities in the in the coming months. Previously we outlined the upcoming OSHA rulemakings and those impacting federal contractors. Here are some additional rulemaking impacting the construction industry.

On May 18, the administration released the latest regulatory agenda outlining their plans for their final months. The agencies are looking to work on several rulemakings impacting federal contractors. An update on rulemakings affecting the construction industry is outlined below. 

On May 12, ABC joined with 15 organizations to send a letter  to the U.S. Senate in support of the EEOC Reform Act (S. 2693.  This legislation aims to eliminate the “enormous and unreasonable administrative burdens” posed by the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed revisions to the Employer Information Report (EEO-1), which would require employers with 100 or more employees to provide data on W-2 pay and hours worked, beginning in 2017.  

An amendment which would exempt the Department of Defense (DoD) and the National Nuclear Security Administration (NNSA) from the controversial “Fair Pay and Safe Workplaces” Executive Order 13673, proposed rule and guidance, commonly referred to as “blacklisting,” passed the House Armed Services Committee on April 28.