During the last presidential campaign, then-candidate Barack Obama proudly told audiences, “We need to strengthen our unions by letting them do what they do best—organize our workers … That's why I am fighting to pass the Employee Free Choice Act (EFCA)…We'll make it the law of the land when I'm president.” When Democrats took the White House and held onto Congress in November 2008, Obama’s promise seemed all but certain. However, EFCA, also known as “card check,” met with quick and persistent resistance from both sides of the aisle. The passage of EFCA, which at one time seemed inevitable, stalled

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) announced a series of Prevailing Wage Seminars for 2014 that will allow attendees to learn more about the Davis-Bacon Act, the process of obtaining wage determinations and adding classification, how to comply, the process of appealing wage rates and more. 

President Obama Jan.17 signed into law a $1.01 trillion omnibus appropriations bill (H.R. 3547) that funds all federal agencies for fiscal year 2014. The Senate Jan. 16 passed the appropriations bill by a 72-26 vote and the House Jan. 15, passed the bill by a 359-67 vote. The legislation includes funding decreases for many federal agencies, including the U.S. Department of Labor and the National Labor Relations Board.

The Department of Labor’s (DOL) regulatory agenda, released Nov. 27, included updated timeframes for proposed rulemakings related to independent contractors and apprenticeship. 

Associated Builders and Contractors (ABC), along with several other trade associations, Dec. 18 sent a letter expressing serious concern over the White House’s nominee to lead DOL’s Wage and Hour Division (WHD), David Weil. Weil’s advocacy positions and lack of relevant job experience were cited as evidence that he would be unable to impartially enforce critical federal wage and hour laws governing the workplace.

In its regulatory agenda released Nov. 27, the Department of Labor (DOL) listed a date of March 2014 to release its “persuader” final rule , which severely narrows long-standing reporting exemptions for employers and labor relations experts and redefines “advice.”   If the rule is finalized, it will greatly expand the circumstances in which third party advice, which employers use to educate their employees about collective bargaining, would have to be reported by both the employer and the third party. Third parties include attorneys and association staff. As the proposal is currently written, the disclosure requirements also inclu

Associated Builders and Contractors (ABC) Nov. 19 filed a request for an injunction in the U.S. District Court for the District of Columbia against an Aug. 27 rule from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) that drastically alters federal contractors’ existing affirmative action and nondiscrimination obligations for individuals with disabilities. The rule is schedule to go into effect March 24, 2014.

On Nov.8, OSHA proposed a rule that would require employers to submit specific injury and illness data electronically to OSHA on a quarterly or annual basis. 

The federal government reopened on Oct. 17 after at 16-day shutdown and agencies that either weren’t operating or were only partially operating during that time are back up and running. Here is some information on what ABC members can expect from a few of the agencies post-shutdown. 

The 2013 ABC Attorneys Conference content-rich program covers the latest developments and insights impacting labor law and open competition in the construction industry. The conference also is an opportunity for CLE credits upon request.