On Feb. 25, 2016, the U.S. Department of Labor (DOL), Wage and Hour Division released a proposed rule to implement Executive Order 13706 requiring certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. ABC’s General Counsel Littler Mendelson, P.C prepared an in-depth analysis of the DOL proposal, which can be read here. 

On Feb. 17, ABC sent a letter to the U.S. House of Representatives Committee on Appropriations Subcommittee on Health and Human Services, Education, and Related Agencies Chairman Tom Cole (R-Okla.) and Ranking Member Rosa DeLauro (D-Conn.) expressing concern over several regulations issued by the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). 

On Jan. 20, the U.S. Department of Labor (DOL), Wage and Hour Division Administrator David Weil released a detailed Administrator’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).  The new DOL guidance comes on the heels of recent, controversial expansion of the joint employer definition by the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA). According to the new DOL guidance, joint employment occurs “when an employee is employed by two (or more) employers such that the

On Jan. 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced a proposed rule expanding the data that is collected from certain employers on the Employer Information Report (EEO-1). Currently, certain federal contractors with 50-99 employees and private employers with more than 100 employees must report annually the number of individuals they employ by job category and race, ethnicity, and sex on the EEO-1. Under the proposed rule federal contractors and private employers with 100 or more employees would have to report pay data and hours worked on the EEO-1 in addition to the current reporting requirements, beginning on Sept. 30, 2017. Employers would report this inform

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. 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 a

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 from Feb. 1 through April 30. 

Under new rules, effective Dec. 21, 2015 the Federal Aviation Administration is requiring anyone who buys a small unmanned aircraft system (UAS) that is more than .55 lbs and less than 55 lbs to register it before it is flown outside. Registration of the UAS can be done through the online registry for a fee of $5; the registration is valid for three years. Individuals who previously owned and operated a UAS have until Feb. 19, 2016 to register. 

A recent Newsline article discussed the upcoming deadlines for the Affordable Care Act’s (ACA) 2015 information reporting requirements under Internal Revenue Code (IRC) sections 6055 and 6056. On Dec. 28, 2015, the Internal Revenue Service (IRS) issued Notice 2016-4, which extends the deadlines for the 2015 information reporting requirements, both furnishing to individuals and filing with the IRS.

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, www.osha.gov/report; by phone (1–800–321–OSHA or 1–800–321–6742); or by contacting the nearest OSHA Area Office.

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.