The federal agencies tasked with implementing the ż-backed Multiemployer Pension Reform Act of 2014 issued proposed final regulations this week that will govern the implementation of the new law. The regulations from the Pension Benefit Guaranty Corporation and Internal Revenue Service address the suspension of benefits and the partitioning of plans under the Act. View the PBGC press release,final rule and the suspension of benefits guidance from IRS.
Siding with ż of America, the ż of Colorado and the Colorado Contractor’s Association, the Colorado Supreme Court has unanimously held that a state law insulating Colorado residents from prosecution for making medical use of marijuana does not require the state’s employers to tolerate the same or apparently any other use of the drug. The decision extends well beyond employees who use marijuana on the job, or show up under the influence of it. In fact, the case involved an employee who used marijuana only at home and during non-working hours.
During the May 18 web meeting of ż of America’s Open Shop Committee, attorney Rick Samson of Ogletree Deakins provided a Quick Learn presentation on Preparing for the National Labor Relations Board’s New “Quickie Election” Rule. Click here to access an audio recording of the presentation, a copy of the presentation slides, and a supplementary handout originally distributed at ż's Annual Convention. The web meeting also featured an update on legal developments by ż Associate General Counsel Denise Gold.
Registration is now open for ż’s 2015 Construction HR and Training Professionals Conference. The conference, for HR, training and workforce development professionals in the construction industry, will be held Oct. 7-9 at the Hyatt Regency at The Arch hotel in St. Louis, Missouri. For more information or to register visit www.agc.org/CHRTPC.
On June 9, ż submitted a letter to the Internal Revenue Service asking for clarification on the reporting process for employers that contribute to multiemployer health plans and the requirements to provide detailed information on the health care coverage employers’ offer. Employers participating in multiemployer health plans are subject to additional complexity while trying to comply because many decisions and requirements are bound by the employer’s collective bargaining agreements. Under the multiemployer plan model, a plan administrator has access to the information required by the IRS and reports this information, despite the reporting obligation remaining with the employer.
The ż Labor and Employment Law Council (LELC) recently held its 31st Annual Construction Labor Law Symposium in Washington, DC. Attorneys and chapter labor relations managers from across the country learned about the latest developments in labor and employment law and their impact in the construction industry.
The next quarterly conference call of ż of America’s Union Contractors Committee will take place on June 25, 2015, at 3:00 p.m. Eastern Daylight Time.
The U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) released its long-awaited opinion in the Weeks Marine case. In that decision, ARB announced a rule that is an important development for contractors working on Davis-Bacon projects: when contractors use employees who must travel away from their homes and live near the job site, the Davis-Bacon Act requires that contractor pay for their housing.
In recent days, the U.S. Department of Labor (DOL) published new forms recommended for administering the Family and Medical Leave Act (FMLA). Since March 1, 2015, employers have been using forms that expired on February 28. The new forms can be found on DOL’s website.
The U.S. Supreme Court has held unanimously that a plan fiduciary has a continuing duty to monitor investments offered under a 401(k) plan, a duty that is separate and apart from the duty to exercise prudence in selecting investments in the first place. The Court overturned a decision by the U.S. Court of Appeals for the 9th Circuit, which held that a claim for breach of fiduciary duty with respect to a fund selection was time barred unless made within six years of the date the fund was originally selected for inclusion in the plan. (Tibble v. Edison International)