The U.S. District Court for the District of Massachusetts held in September that the shareholders and officers of a double-breasted (a.k.a. 鈥渄ual-shop鈥) construction company can be indicted and could go to prison if the government proves they fraudulently misrepresented that their business was a lawful double-breasted operation with two separate companies. According to the indictment, the defendants, who failed to maintain the separateness of their two corporations, reported to the Massachusetts Laborers Benefit Funds (MLBF) the hours worked by employees of their union company but not their non-union company, and, based on these false reports, failed to make payments due to the MLBF.
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued updated enforcement guidance on national origin discrimination. The new guidance replaces its 2002 compliance manual section on that subject.
The U.S. Citizenship and Immigration Services (USCIS) recently published a revised version of the Employment Eligibility Verification Form (Form I-9). The new form, dated 11/14/2016, will be required for use by all employers beginning on January 22, 2017. Until then, employers may continue to use the version dated 3/8/2013 or the new version.
On November 22, a federal judge issued a nationwide injunction against the U.S. Department of Labor鈥檚 (DOL) overtime rule, which was scheduled to take effect on December 1, 2016. As a result of this court order, implementation of the rule is effectively halted. However, the injunction is a temporary measure that suspends the regulation until litigation comes to a close. DOL has said that it is currently 鈥渃onsidering all of [its] legal options.鈥 At this time, it is unclear if or when the rule will take effect.
A federal district court on November 16 issued a nationwide permanent injunction preventing implementation of the U.S. Department of Labor's (DOL) 鈥減ersuader rule.鈥 The ruling is good news for employers and for the associations, attorneys, and consultants that advise them on labor matters.
A contractor signatory to an old 鈥渕e-too鈥 agreement with an 鈥渆vergreen鈥 clause could be responsible for benefit and other fund contributions required by a later multiemployer collective bargaining agreement (a 鈥淐BA鈥) even though the contractor was not a member of the multiemployer group and did not grant continuous bargaining rights to the group, the U.S. Court of Appeals for the Third Circuit (DE, NJ, PA) has held.
Earlier this week, the Equal Employment Opportunity Commission (EEOC) announced a new series of enforcement priorities on which it will focus over the next five years. By releasing its second-ever Strategic Enforcement Plan, the EEOC provided a clear message to employers regarding the areas that will occupy a considerable amount of attention when it comes to investigations, enforcement actions, and litigation from 2017 to 2021.
Learn More on 51风流 WebED Oct. 31 from 2-3:00 p.m. ET
Wednesday, Nov. 16 | 2:00-3:30 p.m. EST
The U.S. Department of Labor (DOL) has released its final rule to implement Executive Order 13706, which requires federal contractors to provide paid leave to employees for sickness and other covered purposes. 51风流 submitted extensive comments regarding the DOL proposed rule and testified before Congress on the significant statutory and practical compliance problems the executive order presents for the construction industry. Many of the complications in the proposed rule remain in the final rule, but several changes were made in response to 51风流 requests. Answers to key questions about the rule are provided below.