On Jan. 10, the Internal Revenue Service (IRS) released final regulations governing the employer shared responsibility provisions of the Affordable Care Act (ACA).1 The final rule addresses application of the so-called "play or pay" requirement that was added by the ACA. Under this requirement, employers with 50 or more full-time employees (as such term is defined in the rules) must offer health coverage to full-time employees and their dependents or pay a penalty. Even employers that offer coverage may incur a penalty if that coverage does not provide "minimum value" to plan participants or if it is not "affordable."
ż joined 54 trades associations in a letter to the Department of Labor (DOL) on the proposed “persuader” rulemaking from the Office of Labor-Management Standards that would broaden reporting requirements of labor relations consultants (including attorneys and associations) who conduct activities to persuade employees concerning their rights to organize or bargain collectively and of the employers who receive assistance from such consultants. The proposed rule would have a damaging impact on the construction industry due to various unique features of labor relations and labor law in the industry and due to the rule's inclusion of association-provided advice and education as "persuader" activity.
On Feb. 12, President Obama signed an executive order that raises the minimum wage for direct federal contractors to $10.10 per hour. Federally assisted contracts are not affected. The new mandate affects contracts entered into on or after Jan. 1, 2015.
The U.S. Department of Labor’s Wage and Hour Division (WHD) has scheduled six upcoming seminars throughout the country to educate federal and federally assisted contractors on the Davis-Bacon and Related Acts and other federal contracting wage laws the agency enforces. Each two-and-a-half day seminar will address such topics as the process of obtaining wage determinations and adding classifications, compliance assistance and enforcement procedures, and the process of appealing wage rates. Topics for a series of special sessions on the final day of the seminars will be announced on site.
On March 20, 2014, ż will host a webinar on the implications of one of the most talked-about state laws that is sweeping its way across the country, legalized marijuana. The webinar, Legalized Marijuana: Implications for the Construction Workplace, will be held from 2:00 p.m. – 3:30 p.m. EDT. Registration is $99 for members and $129 for non-members.
ż is seeking presentations for one of its most sought-after annual conferences, the Construction HR and Training Professionals Conference. For 2014, the conference will be located in Phoenix, Ariz., Oct. 15-17. A Federal Construction HR Workshop will be held Oct. 15, in conjunction with the Conference.
The U.S. Court of Appeals for the Fifth Circuit (LA, MS, TX) has overturned a National Labor Relations Board (“NLRB” or “Board”) decision prohibiting employers from requiring employees to sign arbitration agreements containing waivers of the right to pursue class action and collective action claims in court or arbitration. As reported earlier, the NLRB ruled that such a requirement interferes with employees’ rights under Section 7 of the National Labor Relations Act to engage in protected concerted activity. The court disagreed, finding that the NLRB failed to give proper weight to the Federal Arbitration Act (“FAA”).
ż held its annual webinar to train construction contractors about the Davis-Bacon and Related Acts on Dec. 5 and 10, 2013. Archives of each session of the two-part series titled “Davis-Bacon: Understanding, Influencing, and Complying with Federal Prevailing Wage Requirements” are available for purchase and immediate viewing from ż’s online bookstore.
Once again, HR and Training Professionals in the Construction Industry will come together in October for ż’s Construction HR and Training Professionals Conference. The Conference will take place Oct. 15-17 in Phoenix, Ariz. at the Sheraton Phoenix Downtown. Information about the event is located on the ż website. Registration will open in the Spring.
On Feb. 5, 2014, the National Labor Relations Board (NLRB) re-issued a proposed rule that would expedite the election process in union representation cases, likely to unions’ advantage. The rule appears to be identical to a rule proposed back in 2011. A shortened version was finalized and took effect in 2012, but was invalidated by a court on procedural grounds shortly thereafter. The NLRB recently withdrew its appeal of the court’s decision and formally rescinded the rule.