On Jan. 28, ABC submitted comments on the National Labor Relations Board’s joint employer proposal, which would establish an updated standard for determining joint-employer liability under the National Labor Relations Act. Additionally, the ABC-led Coalition for a Democratic Workplace submitted comments in support of the NLRB’s proposal.

On Jan. 25, OSHA issued the Tracking of Workplace Injuries and Illnesses final rule, which eliminates the requirement for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and OSHA Form 301 (Injury and Illness Incident Report) to OSHA annually.

ABC members overwhelming reported that government-mandated project labor agreements harm their businesses, hiring and workforce development practices and ability to complete work safely, on time and on budget, according to the results of a December 2018 membership survey published today.

Merit shop contractors are typically wary of competing for taxpayer-funded construction contracts subject to a government-mandated project labor agreement for a number of reasons, among them concerns about the viability of multiemployer pension plans as a way to help employees achieve their retirement goals—and exposing their business to potentially catastrophic MEPP liability. New information from the U.S. Department of Labor bears out those concerns.

ABC has added six members to the Beam Club Presidential level for recruiting between 25 and 49 new members. The Beam Club was established in 1966 to recognize ABC's top membership recruiters for their commitment to growing the association. For more information, contact Leiloni Hayward at [email protected].

On Jan. 23, pursuant to the Federal Civil Penalties Inflation Adjustment Act, the U.S. Department of Labor published a final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, including the Occupational Safety and Health Administration, for 2019. This final rule is effective on Jan. 23, 2019.

The percentage of union members in construction has decreased by more than a percentage point, from 14 percent in 2017 to 12.8 in 2018, according to the U.S. Bureau of Labor Statistics. The overall percentage of union membership in all industries is down from 10.7 percent in 2017 to 10.5 in 2018, with the total number of workers belonging to unions standing at 14.7 million. These numbers cover wage and salary workers belonging to unions broken down by demographics, industry, hours and state.

Employers covered by the Occupational Safety and Health Administration’s recordkeeping rule are required to post their 2018 OSHA Form 300A work-related injury and illness log summaries in an area where notices to employees are typically posted from Feb. 1 through April 30. The form must be posted in a visible spot at each covered establishment.

On Jan. 18, the Treasury Department and the Internal Revenue Service issued final regulations and three related pieces of guidance implementing the new qualified business income deduction (also known as the section 199A deduction). The new 20 percent deduction for pass-through entities was created by the ABC-supported Tax Cuts and Jobs Act.

ABC members Allan Myers and J.D. Eckman Inc. recently won a court case challenging the Pennsylvania Department of Transportation’s project labor agreement mandate for the Markley Street reconstruction project in Montgomery County. Tried in the Commonwealth Court of Pennsylvania, the court ruled on Jan. 11 that PennDOT’s PLA mandate violated the state’s competitive bidding laws and discriminated against nonunion contractors.