The National Labor Relations Board (“Board” or “NLRB”) has issued a final rule revising union representation case procedures to unions’ advantage. As anticipated, the final rule is nearly identical to proposed rules issued in February 2014 and in June 2011. The rule is published in the Dec. 15, 2014, issue of the Federal Register and is due to take effect on April 14, 2015. ÍćĹĽ˝ă˝ă and ÍćĹĽ˝ă˝ă-supported coalitions opposed the rulemaking and are exploring efforts to block implementation.
According to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), effective Jan. 1, 2015, E-Verify transaction records more than 10 years old will be deleted from the system.  As a result, employers will no longer have access in E-Verify to cases created prior to Dec. 31, 2004.
On Dec. 3, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), announced final regulations implementing Executive Order 13672 (EO). The EO prohibits federal contractors with contracts of $10,000 or more and their subcontractors from engaging in employment discrimination on the bases of sexual orientation or gender identity. The final rule will take effect 120 days after it is published in the Federal Register and will apply to federal contracts entered into or modified on or after that date.
The U.S. Court of Appeals for the Ninth Circuit (AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam) has upheld the dismissal of two lawsuits brought by the Carpenters against various AFL-CIO affiliates and representatives. The cases stem from actions allegedly taken by the AFL-CIO’s Building and Construction Trades Department (“BCTD”) and others during a “Push-Back-Carpenters Campaign" aimed at forcing the Carpenters to re-affiliate with the BCTD.
The U.S. Department of Labor (DOL) released new Affordable Care Act FAQs making it clear that employers are prohibited from providing a cash reimbursement to employees for the purchase of an individual market policy regardless of whether the reimbursement is on a pre-tax or after-tax basis. The DOL considers these types of arrangements to be "group health plans" and subject to the market reform provisions of the Patient Protection and Affordable Care Act; a group health plan that simply reimburses premiums will not satisfy these market reform provisions and will therefore violate the Affordable Care Act. Violation of these requirements can result in substantial excise taxes to the employer.
On November 3, ÍćĹĽ˝ă˝ă submitted comments to the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in response to its request to the Office of Management and Budget (OMB) to extend the approval of the construction information collection requirement (ICR). The ICR addresses recordkeeping and reporting for compliance with Executive Order 11246 (EO), Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act. The existing approval expires December 31.
Included are separate videos for supervisors and non-supervisors, each with optional Spanish closed-captioning.
ÍćĹĽ˝ă˝ă is excited to announce the release of a new harassment prevention training  DVD called Diversity Rules: Harassment Prevention, Sensitivity & Correction Training for Construction Workers and Supervisors (“Diversity Rules”). Diversity Rules is one DVD with two training videos designed to aid construction employers with harassment prevention, sensitivity, and correction training. One video on the DVD is targeted for an audience of supervisors and the other is targeted for an audience of non-supervisors. Both videos were filmed on a construction jobsite and are equipped with Spanish-language closed-captioning that the trainer can turn on or off. The DVD is available in the ÍćĹĽ˝ă˝ă bookstore.
The Internal Revenue Service (IRS) recently announced cost-of-living adjustments impacting qualified retirement plans and health flexible spending accounts (FSAs) for 2015.
ÍćĹĽ˝ă˝ă’s 2014 Construction HR & Training Professionals Conference wrapped up Oct. 17 after two days of education, sharing of best practices and networking in Phoenix, AZ. The conference continues to be a must-attend event for HR and training professionals in the construction industry.
The Davis-Bacon and Related Acts (“DBRA”) -- prevailing wage laws that cover most federal and federally assisted construction projects -- impose a plethora of often-confusing mandates. Federal contractors and their subcontractors also face new rules (often referred to as the “10.10 Rule”) establishing a special minimum wage for employees who work on or in connection with a Davis-Bacon covered contract. Failure to comply with these laws puts covered contractors at risk of catastrophic consequences, from high-dollar penalties to debarment. On December 9 and 10, ÍćĹĽ˝ă˝ă of America will conduct a two-part webinar to help such contractors’ HR and other compliance personnel better understand the mandates and avoid those risks.