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.

On April 28, ABC submitted a letter to the chairmen of the congressional Task Force on Health Care Reform urging them to take action on common-sense health care solutions.  In the letter, ABC expressed its strong support for the task force’s mission to “modernize American health care with a patient-centered system that gives patients more choice and control, increases quality, and reduces costs.”

ABC reiterated its opposition to the Department of Labor’s (DOL) “persuader rule” ahead of the April 27 U.S. House Committee on Education and the Workforce Subcommittee on Health, Education, Labor, and Pensions hearing on how the newly finalized regulation limits employers’ rights and undermines the right of workers to make informed decisions in union elections. The final rule, issued March 23, redefines “persuader” activity under the Labor Management Reporting and Disclosure Act (LMRDA) and triggers expanded reporting requirements for employers and their attorneys. 

ABC of Michigan secured an important victory for electricians when Gov. Rick Snyder (R-Mich.) signed industry-backed Public Act 73  of 2016 on April 5. ABC of Michigan advocated for the legislation, which will increase the ratio from one to three apprentices per one journeyman electrician through an amendment of the Electrical Administrative Act. State Rep. Amanda Price (R-Holland) introduced the bill in January in response to a court decision in 2008 that lifted an injunction and cleared the way for a one-to-one ratio to be implemented. 

On April 12, ABC joined more than 60 national and multi-state organizations across the country in sending a letter  to members of the House Committee on Ways and Means urging them to take action on the Small Business Healthcare Relief Act (H.R. 2911 ).  The bill would allow small businesses that have fewer than 50 employees to offer employer payment plans and Health Reimbursement Arrangements (HRAs) to employees for the payment of premiums or qualified medical expenses associated with insurance coverage.