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Many employers are wondering about the extent to which they can incent employees and their dependents to receive the COVID-19 vaccine by adjusting medical plan eligibility, modifying medical plan premiums payable by employees, and/or excluding coverage of treatment of the coronavirus where a plan enrollee chooses not to receive the vaccine and then contracts the virus. In this article, Lockton provides thoughts on what’s permissible and what’s not, and views on best practices.

51���� Hosts Webinar; Continues Dialogue with Agencies; Engaged Legal Counsel

51���� Seeks Meeting with White House; Engaged Legal Counsel

In a rare victory for employers that participate in multiemployer pension plans, the U.S. Court of Appeals for the Sixth Circuit has held that the interest rate memorialized in the Segal Blend actuarial assumption was inappropriate to use in a withdrawal liability calculation because it is not based on “anticipated experience under the plan.” While likely to be further challenged, the September 28, 2021, opinion in Sofco Erectors, Inc. v. Trustees of the Ohio Operating Engineers Pension Fund, may provide significant leverage to employers in challenging—and settling—withdrawal liability assessments, especially for employers and multiemployer pension plans subject to the jurisdiction of the Sixth Circuit (KY, MI, OH, TN).

The US Department of Labor, Wage and Hour Division published a new resource for stakeholders in the construction contracting community: the Davis-Bacon Wage Determination Conformance Request Guide. The guide details the information and construction types contained in wage determinations and provides additional clarity regarding the limited circumstances in which contractors and contracting agencies may need to request a new class of laborer or mechanic be added to a published wage determination for a specific contract. For 51���� DBRA resources, visit 51����’s Labor & HR Topical Resources library and select “Wages and Benefits” as the main category and “Davis-Bacon Act” as the subcategory. You must be logged in as an 51���� member to access the materials.

Apply by Wednesday, October 20, 2021!

The US Department of Labor, Wage and Hour Division published a new resource for stakeholders in the construction contracting community: the Davis-Bacon Wage Determination Conformance Request Guide.

Guidance Expected as soon as September 24

The National Labor Relations Board (NLRB or Board) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of Appeals for the District of Columbia Circuit directed in an August 31, 2021, decision in NLRB v. Local 23, American Federation of Musicians. If the Board changes its holding on remand, it will be the third time the policy on access to private property has changed in the last 10 years. This case comes to the NLRB at a time opportune for change.

Filings Now Due on October 25, 2021