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From the category archives: Regulations

Regulations

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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EEOC Proposes to Collect Pay Data on EE0-1

On Jan. 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced a proposed rule expanding the data that is collected from certain employers on the Employer Information Report (EEO-1). Currently, certain federal contractors with 50-99 employees and private employers with more than 100 employees must report annually the number of individuals they employ by job category and race, ethnicity, and sex on the EEO-1. Under the proposed rule federal contractors and private employers with 100 or more employees would have to report pay data and hours worked on the EEO-1 in addition to the current reporting requirements, beginning on Sept. 30, 2017. Employers would report this information using 12 “pay bands” determined by the EEOC. Read the rest of entry »

ABC Submits Comments on Proposed DOL Apprenticeship Rule

On Jan. 20, ABC submitted comments in response to the U.S. Department of Labor’s Employment and Training Administration proposed rule which seeks to update the equal opportunity regulations that implement the National Apprenticeship Act of 1937 by amending 29 CFR Part 30. Current regulations prohibit discrimination in registered apprenticeship programs on the basis of race, color, religion, national origin, and sex. The proposed rule updates the equal opportunity standards to include age (40 or older), genetic information, sexual orientation and disability among the protected base that cannot be discriminated against. The proposal also requires sponsors to take affirmative action to provide equal opportunity in the registered apprenticeship programs. Read the rest of entry »

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.  Read the rest of entry »

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. 
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IRS Extends Deadlines for ACA’s 2015 Information Reporting Requirements

A recent Newsline article discussed the upcoming deadlines for the Affordable Care Act’s (ACA) 2015 information reporting requirements under Internal Revenue Code (IRC) sections 6055 and 6056. On Dec. 28, 2015, the Internal Revenue Service (IRS) issued Notice 2016-4, which extends the deadlines for the 2015 information reporting requirements, both furnishing to individuals and filing with the IRS.
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OSHA Now Allows Electronic Submissions for Injury and Illness Reporting

A year after OSHA’s new injury and illness reporting requirements went into effect (Jan. 1, 2015); the agency launched a webpage to allow employers to electronically report cases. Employers now have three ways to report incidents: electronically through OSHA’s new web portal, www.osha.gov/report; by phone (1–800–321–OSHA or 1–800–321–6742); or by contacting the nearest OSHA Area Office.
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ABC and Business Community Ask for Delay of "Persuader" Rule

ABC, as part of a coalition representing more than 50 employer organizations, sent a letter Dec. 18 to the Office of Information and Regulatory Affairs (OIRA) urging them to delay issuing the Department of Labor’s (DOL) final persuader rule until it finalized a rulemaking scheduled for later this year that will make significant changes to Form LM-21, which employers are required to file when they hire a persuader. The final “persuader” rule is currently under review at OIRA.
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Wellness Programs, Drones and EPA Regulations Included in Federal Regulatory Agenda

The Obama Administration’s regulatory agenda was released on Nov. 20 and lists the priorities of the administration and the rulemakings they expect to release in 2016, their final year. An update on rulemakings from a variety of agencies affecting the construction industry is below. ABC has also published Newsline stories updating the status of rulemakings from theOccupational Safety and Health Administration (OSHA) and the U.S. Department of Labor listed in the regulatory agenda. Federal Aviation Administration (FAA): Operation and Certification of Small Unmanned Aircraft Systems (UAS) 
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President Obama Signs Regulatory Reform Measures into Law

On Dec. 4, President Obama signed the Fixing America’s Surface Transportation Act (H.R. 22) into law, which included ABC-supported provisions that streamline the process for developers trying to obtain environmental permits and approvals for their projects. 
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