The National Labor Relations Board (NLRB) recently issued a controversial decision that employees may use their employer’s 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’s 2007 decision in Register Guard, 351 NLRB No. 70, which had held that employees have no statutory right to use their employer’s email system(s) for non-business purposes.
Recently, the U.S. Department of Labor’s 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’ Readjustment Assistance Act (VEVRAA). The regulations went into effect in March of 2014.
Two ż-supported employer groups and other interested parties have jointly filed a lawsuit challenging the National Labor Relations Board’s new representation-case procedures rule. The rule – often called the “quickie election” or “ambush election” rule – expedites the process in cases where a union files a petition for an election to become the exclusive collective bargaining representative of a unit of workers.
Construction contractors will have an easier time learning how to comply with federal and state environmental guidelines thanks to a new partnership with the U.S. Environmental Protection Agency and the private sector. The partnership between ż of America, EPA and the National Center for Manufacturing Sciences (NCMS) will allow for a significant upgrade to the Construction Industry Compliance Assistance website, or CICA Center for short, association officials noted.
Construction-industry collective bargaining negotiations settled during 2014 resulted in an average first-year increase in wages and benefits of $1.07 per hour or 2.3 percent, according to the annual year-end Settlements Report issued by the ż-supported Construction Labor Research Council. For newly negotiated multi-year contracts, the average negotiated second-year increase was $1.31 or 2.4 percent, and the average third-year increase was $1.37 or 2.5 percent.
An archive of each session of ż’s recent two-part webinar on Understanding the Davis-Bacon Act and the New Federal Contractor Minimum Wage Law is now available for purchase and immediate viewing from ż’s online bookstore. Visit http://store.agc.org/ and search for product codes WB294 and WB295. Be sure to login to see member pricing.
As 2015 begins, the Occupational Safety and Health Administration (OSHA) is sharpening its emphasis on inspecting and citing employers who violate its recordkeeping standard. This takes on greater importance because of the changes and new reporting requirements that became effective on January 1, 2015.
On Jan. 5, ż submitted comments to the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) regarding its proposed rule requiring federal contractors and subcontractors to annually report summary compensation data using a new Equal Pay Report. OFCCP originally published an Advanced Notice of Proposed Rulemaking more than three years ago announcing the desire to create such a tool. The proposed rule is the result of an April 2014 Presidential Memorandum and was published in the Federal Register on Aug. 8, 2014.
On Tuesday, the president signed into law the $1.1 trillion spending bill, which eventually passed both the U.S. House and Senate after a tumultuous week filled with partisan politics on unrelated provisions. This nine-month bill funds federal agencies through the end of the fiscal year with the exception of the Department of Homeland Security – which is only funded through Feb. 27. The new law includes a series of association-backed multi-employer pension reforms, all designed to allow employers and employees the opportunity to protect and improve retirement programs.
On Dec. 16, ż submitted comments to OFCCP in response to its proposed rule prohibiting federal contractors from retaliating against employees who disclose compensation. The rule is in response to Executive Order 13665, signed by President Obama in April 2014. It applies to federal and federally-assisted contracts and subcontracts, as it amends Executive Order 11246.