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From the category archives: Politics & Policy

Politics & Policy - This is the category that gets pulled into the Politics & Policy landing page.

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 »

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.  Read the rest of entry »

ABC Joins Letter Urging Action on Small Business Healthcare Bill

On April 12, ABC joined more than 60 national and multi-state organizations across the country in sending a letter  to members of the House Committee on Ways and Means urging them to take action on the Small Business Healthcare Relief Act (H.R. 2911 ).  The bill would allow small businesses that have fewer than 50 employees to offer employer payment plans and Health Reimbursement Arrangements (HRAs) to employees for the payment of premiums or qualified medical expenses associated with insurance coverage. 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 »

ABC Slams Persuader Rule: DOL Proposal Designed to Silence Employers

WASHINGTON, D.C., March 23 – Associated Builders and Contractors (ABC) today issued the following statement in response to the release of the U.S. Department of Labor’s (DOL) final “persuader rule.” The rule will greatly limit the ability of employers, particularly small businesses, to obtain advice from labor relations experts, and in turn deprive employees of their right to obtain balanced information about union representation. Read the rest of entry »

5th Circuit Court of Appeals Hears ABC Challenge to NLRB’s “Ambush” Election Final Rule

ABC’s General Counsel, Maury Baskin of Littler Mendelson, Washington, D.C., argued against the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule on March 3. Baskin argued against the rule, also known as Representation-Case Procedures, in the 5th Circuit Court of Appeals, New Orleans, La. on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB). A ruling in the case is expected in the late spring or early summer.   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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