51·çÁ÷

The Department of Homeland Security (DHS) on July 8 announced the Administration's intent to "push ahead with full implementation" of a rule requiring federal contractors to use the E-Verify system to verify employees' authorization to work in the U.S.  The E-Verify rule will apply to federal solicitations and contract awards government-wide beginning September 8.  At the same time, DHS announced its intent to issue a new regulation rescinding a rule establishing procedures for employers to follow upon receipt of a "no-match letter" from the Social Security Administration (SSA) or DHS.

The minimum wage established by the Fair Labor Standards Act (FLSA) will increase from $6.55 per hour to $7.25 per hour on July 24, 2009. The increase is the final phase of a three-part phase-in mandated by legislation enacted in 2007.  The first phase took effect on July 24, 2007, increasing the hourly rate from $5.15 to $5.85.  The second phase took effect on July 24, 2008, increasing the hourly rate from $5.85 to the current rate of $6.55.

In recent weeks, the Department of Homeland Security (DHS) has begun fulfilling its promise of investigating employers who hire illegal workers by initiating two major steps: conducting audits of employers' I-9 forms and preparing for increased monitoring of the E-Verify System.

Attending the Associated General Contractors of America's (51·çÁ÷) 2009 Training & Development Conference and HR Professionals Conference provides a unique opportunity for contractor and chapter staff to participate in industry-focused sessions to learn innovative approaches to managing training and human capital.

At 51·çÁ÷'s urging, the U.S. Supreme Court has agreed to hear Granite Rock Company v. International Brotherhood of Teamster, a case that arose after that international union prevailed upon one of its locals to go on strike in violation of a newly ratified agreement between the local and the Granite Rock Company, a longstanding member of the 51·çÁ÷ of California and 51·çÁ÷ of America.   The case provides an opportunity for the Court to clarify the scope of Section 301 of the Labor Management Relations Act, which gives the federal courts exclusive jurisdiction over "[s]uits for violations" of collective bargaining agreements, and preempts any state law that purports to govern either the interpretation or the enforcement of such agreements. 

On June 26, 2009, the U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security, announced that the current Form I-9 will continue to be valid for use beyond its expiration date of June 30, 2009.

The U.S. Department of Labor's Wage and Hour Division (WHD) and Office of Federal Contract Compliance Programs (OFCCP) have implemented a series of regional compliance seminars in various cities throughout the country.  Each seminar will be offered free of charge to employers.

In an All-Agency Memorandum issued on May 29, 2009, the U.S. Department of Labor (DOL) Employment Standards Administration's Wage and Hour Division (WHD) has provided guidance to contracting agencies on the applicability of Davis-Bacon labor standards to federal and federally-assisted construction work funded in whole or in part under the American Recovery and Reinvestment Act of 2009 (ARRA).  The memorandum provides a summary of the prevailing wage labor standards applicable to construction projects funded under Division A of the ARRA, highlights federal agencies' responsibilities in implementing Davis-Bacon labor standards, and provides links to online resources for additional information. 

The first 51·çÁ÷-NCAII regional meeting took place at the Carpenters training facility in Philadelphia, PA, on May 28.  Members and staff from the Philadelphia Builders Chapter, Contractors Association of Eastern Pennsylvania, and 51·çÁ÷ of New Jersey attended, along with the general presidents and regional business managers of the Carpenters and Operating Engineers unions, 51·çÁ÷ Union Contractors Committee Staff Associate Denise Gold, and NCAII Executive Vice President Ray Poupore.  The NCAII - an abbreviation of National Construction Alliance II - is a partnership of the Carpenters and Operating Engineers international unions.  The "II" was added after the Laborers dropped out of the alliance last year. 

The federal government has agreed to even further delay implementation of the E-Verify rule for federal contractors.  Contracts and solicitations issued prior to September 8, 2009, will not contain the mandate.