The Wage & Hour Division (WHD) recently made available two video presentations on its website for construction employers regarding Davis-Bacon Act wage surveys. One presentation, the Davis-Bacon Wage Survey Process, explains how Davis-Bacon wages are established, as well as survey instructions and the importance of survey participation. The other presentation, Completing WD-10, walks construction contractors through the process of completing Form WD-10, the Davis-Bacon wage survey form. The videos were created in response to a request from 51风流 to make information more easily accessible to contractors electronically, rather than requiring travel to live, in-person events. Both videos are located on WHD鈥檚 website.
Once again, HR and Training Professionals in the Construction Industry will come together in October for 51风流鈥檚 Construction HR and Training Professionals Conference. The Conference will take place October 7-9 in St. Louis, Missouri at the Hyatt Regency at the Arch. Registration and hotel information will be available at http://www.agc.org/trainingHRConference in the coming weeks.
On March 18, 2015, the general counsel for the National Labor Relations Board (NLRB or Board) issued a Report Concerning Employer Rules. The report was issued in an effort to provide guidance on the use of employer rules as they relate to the National Labor Relations Act (NLRA). Using a few of the most frequently litigated employee handbook rules, the report includes several examples of common employee handbook policies and why the Board may or may not find those policies to be lawful. Both union and non-union employers may find this information useful, as both are subject to the NLRA.
The Cadillac tax of the Affordable Care Act (鈥淎CA鈥) begins in 2018. While many employers recently have adjusted health benefit coverage levels to satisfy the legal minimums of the Employer Mandate, the Cadillac tax may require these same employers to once again adjust coverage levels.
The Cadillac tax of the Affordable Care Act (鈥淎CA鈥) begins in 2018. While many employers recently have adjusted health benefit coverage levels to satisfy the legal minimums of the Employer Mandate, the Cadillac tax may require these same employers to once again adjust coverage levels but this time to avoid exceeding maximum levels specified by ACA.
In response to requests from federal and federally assisted contractors, the U.S. Department of Labor鈥檚 Office of Federal Contract Compliance Programs (OFCCP) has created a directory of organizations and other entities that offer resources and guidance to employers around issues related to creating an inclusive workplace for lesbian, gay, bisexual, and transgender (LGBT) employees. The request came from employers wanting to better understand how to treat employees and job applicants without regard to their sexual orientation or gender identity following the publication of the Final Rule implementing Executive Order 13672.
In addition to a lawsuit challenging the National Labor Relations Board鈥檚 (NLRB) new representation-case procedures rule (also known as the Quickie Election rule), legislation in Congress will be considered that would nullify the rule. The Congressional Review Act (CRA) is a resolution that would nullify the regulation, if passed by both chambers and signed by the president. The resolution could be introduced in the Senate as early as next week and a similar proposal will make its way through the House. The CRA is a powerful procedural tool that Congress can use to exert oversight over the administration and requires only a simple majority in the Senate, therefore eliminating the typical 60 vote threshold needed in the Senate to pass legislation. While the CRA has been used successfully once before, it would remain unlikely that the president would sign such a bill and therefore the best option for blocking the rule remains the judicial challenge.
Union representation in the construction industry fell from 14.9 percent to 14.7 percent in 2014, according to a recent report from the Bureau of Labor Statistics (BLS). The number of union-represented workers in the industry actually rose over the year (from 967,000 to 1,023,000), but at a lower rate than the rise in the total number of workers employed in the industry (from 6,474,000 to 6,968,000). Likewise, the number of workers in the industry who were members of a union increased over the year (from 915,000 to 968,000) while the percentage fell (from 14.1 percent to 13.9 percent). In 2013, union representation rose in the industry (from 13.7 percent to 14.9 percent) as did union membership (from 13.2 percent to 14.1 percent).
The National Labor Relations Board (NLRB) recently issued a controversial decision that employees may use their employer鈥檚 email system(s), during non-working time, to communicate with each other about workplace issues, such as wages, union organizing efforts, and other terms and conditions of employment. The decision, in Purple Communications, Inc., 361 NLRB No. 126, reversed the NLRB鈥檚 2007 decision in Register Guard, 351 NLRB No. 70, which had held that employees have no statutory right to use their employer鈥檚 email system(s) for non-business purposes.
Recently, the U.S. Department of Labor鈥檚 Office of Contract Compliance Programs (OFCCP) posted information on its website alerting contractors that they are no longer required to invite applicants to self-identify with a particular category of protected veterans post-offer. The posting came in the form of an update to its Frequently Asked Questions page regarding the regulations set to enforce the Vietnam Era Veterans鈥 Readjustment Assistance Act (VEVRAA). The regulations went into effect in March of 2014.