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From the category archives: GA - Employment

Rules in the Pipeline at FAA, DOL Address Drones, Apprenticeship Programs

The administration released the latest regulatory agenda on May 18th which outlines the priorities in the in the coming months. Previously we outlined the upcoming OSHA rulemakings and those impacting federal contractors. Here are some additional rulemaking impacting the construction industry. Read the rest of entry »

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.   Read the rest of entry »

House Committee Holds Hearing on Hidden Cost of Regulation

The U.S. House of Representatives Small Business Committee held a hearing on April 14 entitled Regulation Nation: The Hidden Small Business Tax , which examined the cost of new federal regulations to entrepreneurs in the small business community. During the hearing, members of the Committee heard from several small business owners who cited high compliance costs and expensive new mandates as a major impediment to expanding their businesses. 
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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.   Read the rest of entry »

Congress Introduces Legislation to Rollback Overtime Rule

On March 17, a group of lawmakers introduced ABC-supported legislation that would prevent the U.S. Department of Labor (DOL) from implementing its overtime proposal. The proposed rule issued last June more than doubles the salary threshold to qualify as a white-collar employee exempt from federal overtime pay requirements and would automatically increase the salary levels on an annual basis. Read the rest of entry »

ABC Comments on EEOC’s Proposed Revisions to the EEO-1 Report

On April 1, ABC submitted comments in response to 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. ABC urged the EEOC to withdraw the proposal because it imposes an unjustified burden on employers, fails to generate useful and reliable information to combat pay discrimination, and fails to protect the confidentiality of the information.  Read the rest of entry »

“Charging Parties” Gain Access to EEOC Discrimination Investigation Docs

On Feb. 18, the U.S. Equal Employment Opportunity Commission (EEOC) announced new procedures  that give a charging party access to a respondent’s position statement and supporting documents in the course of an employment discrimination investigation.  Under these procedures, the charging party or the party’s representative may request to view the respondent’s position statement and its supporting attachments if they were filed in response to an EEOC demand made on or after Jan. 1, 2016.  Once the EEOC releases the statement, the charging party will have twenty days to file a response; however, this response will not be available to the respondent.   Read the rest of entry »

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.  Read the rest of entry »

ABC Urges House Appropriators to Roll Back Job-Killing Regulations

On Feb. 17, ABC sent a letter to the U.S. House of Representatives Committee on Appropriations Subcommittee on Health and Human Services, Education, and Related Agencies Chairman Tom Cole (R-Okla.) and Ranking Member Rosa DeLauro (D-Conn.) expressing concern over several regulations issued by the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). 
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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). 

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