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As the year 2019 and Member Lauren McFerran’s term were both about to expire, the National Labor Relations Board (the Board or NRLB) reversed several noteworthy actions taken by the agency during the Obama Administration.

Changes Effective March 16, 2020

Survey Finds Optimism about 2020 along with Even Tighter Labor Supply as Construction Unemployment Sets Record December Low; Association Calls for Government to Boost Career Opportunities, Immigration

What’s old is new again at the Equal Employment Opportunity Commission (EEOC) as numerous district offices have recently expanded their use of fact-finding conferences. Fact-finding conferences are part of the EEOC’s expansive statutory investigation toolkit, but they are one of the lesser-known and perhaps lesser-used tools. The EEOC is authorized by federal law to utilize fact-finding conferences and may specifically require both parties to participate in order to define, resolve, and potentially settle any issues.

On January 8, 51���� of America submitted comments on the National Labor Relations Board’s latest proposed rule to modify union representation-case procedures. Not to be confused with the Board’s “quickie election” rule, which addresses different representation-case procedures, the present rulemaking proposes three changes: (1) replacing the Board’s current “blocking charge” policy with a vote-and-impound procedure that would allow representation elections to move forward while an unfair labor practice charge is pending; (2) modifying the current “voluntary recognition bar” policy by re-establishing a notice requirement and a 45-day open period within which to file an election petition following an employer’s voluntary recognition of a union under Section 9(a) of the National Labor Relations Act (“NLRA”); and – most relevant to 51���� members – (3) preventing the establishment of a Section 9(a) bargaining relationship in the construction industry based on contract language alone.

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently published the updated Federal Contract Compliance Manual (FCCM). The Manual provides guidance for OFCCP's compliance officers in conducting compliance evaluations and complaint investigations and provides federal contractors with compliance assistance.

On Dec. 19, the Senate passed many non-funding 51����-backed measures as part of the agreement reached to fund the federal government through the remainder of fiscal year (FY) 2020. This measure is expected to become law, pending the President’s signature. This legislation extends authorization for the Terrorism Risk Insurance Program (TRIA) for seven years, as well as the National Flood Insurance Program for one year. These programs provide an important government backstop for natural and man-made disasters that would otherwise prevent commercial construction projects from moving forward. Additionally, this bill addresses many priorities in the tax, healthcare, and retirement space.

51���� members and chapter staff who negotiate collective bargaining agreements for their company or chapter are invited to a half-day Collective Bargaining Seminar that will take place during 51���� of America’s 2020 Convention in the morning of March 9 in Las Vegas, NV.

The National Labor Relations Board (“NLRB” or “Board”) on December 13 released a final procedural regulation rolling back some of the onerous requirements of the “quickie election” rule issued by the agency under the Obama Administration. The new rule, which was released at the end stages of lone Democrat Board Member McFerran’s term, is slated to take effect in April 2020.

The U. S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released a final rule updating the regulations governing regular rate requirements under the Fair Labor Standards Act (FLSA) for the first time in more than 50 years. Regular rate requirements define what forms of payment employers include and exclude in the "time and one-half" calculation when determining workers' overtime rates. The rule focuses primarily on clarifying whether certain kinds of perks, benefits, or other miscellaneous items must be included in the regular rate. Because these regulations have not been updated in decades, the Department’s intent is to better define the regular rate for today's workplace practices. Click “read more” for further information on the new rule.