News

Today, the House Committee on Education and the Workforce held a markup on the Workforce Investment Improvement Act of 2012, which would help reform the nation’s job training system by strengthening employer engagement in state and local workforce decisions, as well as by giving states and localities more flexibility. ż sent a letter to the committee outlining ż’s support for a strong and skilled workforce.
On May 29, 2012, ż submitted comments to the U.S. Department of Homeland Security’s Citizenship and Immigration Services division (USCIS) regarding proposed changes to Form I-9, the Employment Eligibility Verification Form.  Employers must complete Form I-9 to document that they have verified the identity and employment authorization of each new employee hired after Nov. 6, 1986.  The form must be completed for both citizens and non-citizens.
The U. S. Department of Labor’s Employee Benefits Security Administration recently released an updated version of its e-laws Advisor, the Health Benefits Advisor for Employers.  The Advisor explains the statutes and regulations of Parts 6 and 7 of Title I of the Employee Retirement Income Security Act of 1974 (ERISA).
On May 23, 2012, ż joined 10 other national business associations in a letter to the U.S. Secretary of Labor urging her to reconsider a series of new affirmative action mandates it plans to impose on contractors working on federal projects.  A press release from ż today highlighted the lack of data from the government justifying the costly and burdensome rules.
ż of America today joined with 10 other national business associations in calling on the Obama administration to reconsider a series of new hiring mandates it wants to impose on contractors working on federal projects. Association officials noted that the government has failed to produce any data justifying the very costly and incredibly prescriptive new hiring mandates.
On April 25, 2012, the U.S. Equal Employment Opportunity Commission issued its enforcement guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964.  Effective immediately, the guidance updates, consolidates, and supersedes the Commission’s 1987 and 1990 policy statements on this issue.  It is also designed to be a resource for employers, employment agencies, and unions covered by Title VII; for applicants and employees; and for EEOC enforcement staff.
The ż Labor and Employment Law Council held its 28th Annual Construction Labor Law Symposium April 19-20 in Washington, D.C.  Attorneys and chapter labor relations managers from across the country in record numbers attended to learn about the latest developments in construction labor and employment law.
The National Labor Relations Board’s (NLRB or Board) new rule revising election procedures in union representation cases is invalid, the U.S. District Court for the District of Columbia ruled May 14.  The rule, often called the “quickie election” or “ambush election” rule because it expedites the election process to unions’ advantage, took effect on April 30.  The Board has suspended implementation of the rule and is expected to revert back to procedures in effect before April 30.
A collective bargaining agreement (“CBA”) provision by which a union agrees to indemnify an employer for contingent liability to a multiemployer pension plan does not violate public policy and is enforceable, the U.S. Court of Appeals for the Sixth Circuit (KY, MI, OH, TN) has held.  The issue was one of first impression for the court and apparently has been addressed by only one other federal circuit court to date, the Third Circuit (DE, NJ, PA, VI), which issued a similar opinion in 2009.
The Governing Board of Presidents of the AFL-CIO’s Building and Construction Trades Department (BCTD) on April 16 unanimously elected Sean McGarvey to be its president.