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Jeff Leieritz's Articles

Final Rules on Blacklisting, Sick Leave Forthcoming

On May 18, the administration released the latest regulatory agenda outlining their plans for their final months. The agencies are looking to work on several rulemakings impacting federal contractors. An update on rulemakings affecting the construction industry is outlined below. 

ABC Sends Letter in Support of the EEOC Reform Act

On May 12, ABC joined with 15 organizations to send a letter  to the U.S. Senate in support of the EEOC Reform Act (S. 2693.  This legislation aims to eliminate the “enormous and unreasonable administrative burdens” posed by the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed revisions to the Employer Information Report (EEO-1), which would require employers with 100 or more employees to provide data on W-2 pay and hours worked, beginning in 2017.  

New OSHA Electronic Recordkeeping Rule Creates Series of Problems

ABC today released the following statement in reaction to the release of the Occupational Safety and Health Administration's (OSHA) final rule on Tracking of Workplace Injuries and Illnesses, commonly referred to as “electronic recordkeeping.”

Amendment to Exempt DOD, NNSA from ‘Blacklisting' Proposal Passes House Committee

An amendment which would exempt the Department of Defense (DoD) and the National Nuclear Security Administration (NNSA) from the controversial “Fair Pay and Safe Workplaces” Executive Order 13673, proposed rule and guidance, commonly referred to as “blacklisting,” passed the House Armed Services Committee on April 28.

New Fact Sheets Available on Hazards Related to Scaffolds, Marine Terminals and Confined Spaces

The Occupational Safety and Health Administration (OSHA) has released three new fact sheets that are free to download from OSHA's Publications webpage. A ladder jack scaffolds fact sheet* illustrates how to prevent injuries from falls when using work platforms supported by portable ladders. A confined spaces fact sheet* emphasizes the OSHA requirement for employers to develop and implement procedures for summoning rescue or emergency services in permit-required confined spaces. Lastly, a fact sheet on longshoring in marine terminals* describes how to prevent semi-tractor driver injuries during container lifting operations. 

House Committee Holds Hearing on DOL’s Final Persuader Rule

ABC reiterated its opposition to the Department of Labor’s (DOL) “persuader rule” ahead of the April 27 U.S. House Committee on Education and the Workforce Subcommittee on Health, Education, Labor, and Pensions hearing on how the newly finalized regulation limits employers’ rights and undermines the right of workers to make informed decisions in union elections. The final rule, issued March 23, redefines “persuader” activity under the Labor Management Reporting and Disclosure Act (LMRDA) and triggers expanded reporting requirements for employers and their attorneys. 

ABC Continues to Push Back Against Controversial WOTUS Rule

The U.S. Senate Committee on Small Business and Entrepreneurship continued its oversight of the controversial “Waters of the U.S.” (WOTUS) regulation April 27, holding a hearing on how small businesses were left out of the rulemaking process as required by the Regulatory Flexibility Act (RFA). At the hearing, members of the committee heard from stakeholders, who expressed concern about the onslaught of new regulations from the Obama administration and the detrimental impact they have on small businesses.

ABC Files Comments on New Paid Sick Leave Requirement for Fed Contractors

On April 12, ABC submitted comments in response to the U.S. Department (DOL) of Labor Wage and Hour Division’s proposed rule on establishing paid sick leave for federal contractors. The proposed rule  requires certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. The paid sick leave required by the proposal is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA). Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the proposed rule.  

Treasury Department Report: Construction Faces Highest Tax Burden

New analysis from the U.S. Department of the Treasury shows that the construction industry pays the highest effective tax rate—the percent of income businesses actually pay in taxes—of any sector of the economy. According to the report, the typical construction company faces an average effective federal tax burden of 30.3 percent, well above the 23.3 percent average for all US businesses.

ABC of Michigan-Supported Apprenticeship Ratio Reform Signed Into Law

ABC of Michigan secured an important victory for electricians when Gov. Rick Snyder (R-Mich.) signed industry-backed Public Act 73  of 2016 on April 5. ABC of Michigan advocated for the legislation, which will increase the ratio from one to three apprentices per one journeyman electrician through an amendment of the Electrical Administrative Act. State Rep. Amanda Price (R-Holland) introduced the bill in January in response to a court decision in 2008 that lifted an injunction and cleared the way for a one-to-one ratio to be implemented.