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Kmtyroler's Articles

Federal Contractor Alert: DOL Releases Proposed Rule on Paid Sick Leave

On Feb. 25, 2016, the U.S. Department of Labor (DOL), Wage and Hour Division released a proposed rule to implement Executive Order 13706 requiring certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. ABC’s General Counsel Littler Mendelson, P.C prepared an in-depth analysis of the DOL proposal, which can be read here. 

DOL Releases Guidance Defining Joint Employment

On Jan. 20, the U.S. Department of Labor (DOL), Wage and Hour Division Administrator David Weil released a detailed Administrator’s Interpretation (AI) and related guidance on the definition of joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).  The new DOL guidance comes on the heels of recent, controversial expansion of the joint employer definition by the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA). According to the new DOL guidance, joint employment occurs “when an employee is employed by two (or more) employers such that the employers are responsible, both individually and jointly, to the employee for compliance with a statute.”  In keeping with this broad definition, the AI provides multifactor tests to assist with the identification of horizontal and vertical joint employment, its two most common forms. The AI also gives examples of several industries, including construction, in which joint employment is likely to arise (e.g., workers who work for a sub-contractor and possibly a general contractor). 

Employers Must Post OSHA Injury/Illness Form by Feb. 1

ABC is reminding its contractor member firms that their 2015 Occupational Safety and Health Administration (OSHA) Form 300A work-related injury and illness log summaries must be posted in a visible spot on all construction sites from Feb. 1 through April 30. 

New Drone Registration Requirements

Under new rules, effective Dec. 21, 2015 the Federal Aviation Administration is requiring anyone who buys a small unmanned aircraft system (UAS) that is more than .55 lbs and less than 55 lbs to register it before it is flown outside. Registration of the UAS can be done through the online registry for a fee of $5; the registration is valid for three years. Individuals who previously owned and operated a UAS have until Feb. 19, 2016 to register. 

President Obama Vetoes Legislation to Rollback Harmful ACA Provisions

The U.S. House of Representatives passed an amended version of the Restoring Americans’ Healthcare Freedom Reconciliation Act (H.R. 3762) Jan. 6, which would repeal several, job-killing provisions in the Affordable Care Act. The same version of the bill passed the Senate 52-47 in Dec. 2015.