From category archives: ABC Academy & GA Articles
Includes articles relating to: Union Organizing, Workplace Safety, Immigration, HR Policy, Davis-Bacon, and NLRB
In the wake of the Aug. 24 issuance of the final rule on “blacklisting,” ABC is quickly deploying resources to help members comply with new requirements while pursuing legislative efforts and, potentially, litigation to protect contractors and taxpayers from the policy.
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A recent interpretation letter by the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) has refined the definition of a recordable injury under 29 CFR Part 1904 – Recording and Reporting Occupational Injuries and Illnesses. According to the interpretation, an employee’s self-treatment of wrist pain with a rigid brace qualifies as a reportable injury even if a physician later determines that the brace is acceptable yet unnecessary treatment.
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Due to a provision in the Bipartisan Budget Act of 2015, all agencies with civil monetary penalties covered by the statute have the authority to raise penalties annually in line with the Consumer Price Index (CPI). Some agencies affected by this increase include DOL, EPA and OSHA. The provision also allows OSHA to have a one-time “catch-up adjustment” in 2016 since the fines have not increased since 1990.
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On July 11, the National Labor Relations Board (NLRB) issued its decision in Miller & Anderson. In a 3-1 decision, the NLRB held that “employer consent is not necessary for units that combine jointly employed and solely employed employees of a single user employer. Instead, we will apply the traditional community of interest factors to decide if such units are appropriate.” Philip A. Miscimarra, the only Republican Board Member, dissented.
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The U.S. Department of Labor (DOL), Wage and Hour Division recently released a new guide to the Family and Medical Leave Act (FMLA) for employers, managers, human resources specialists, and professional leave administrators. The Employer’s Guide to the Family and Medical Leave Act provides employers with a roadmap for leave administration from the initial leave request to the employee’s return to the same or equivalent job at the conclusion of leave.
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On July 13, the Occupational Safety and Health Administration (OSHA) announced it was delaying enforcement of the anti-retaliation provisions in the electronic injury reporting and anti-retaliation final rule, also known as Improve Tracking of Workplace Injuries and Illnesses, until Nov. 1, 2016. The provisions were originally scheduled to go into effect on Aug. 10.
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On June 27, the U.S. District Court for the Northern District of Texas issued a nationwide injunction that will block the U.S. Department of Labor (DOL) from implementing the final persuader rule, officially titled the Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA), which was scheduled to go into effect on July 1.
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On June 10, 2016, the 5th Circuit Court of Appeals issued a decision rejecting ABC’s challenge to the National Labor Relations Board’s (NLRB) controversial “ambush” election final rule. ABC General Counsel Maury Baskin of Littler Mendelson P.C., Washington, D.C., argued the case on behalf of ABC of Texas, the Central Texas Chapter of ABC and the National Federation of Independent Business (NFIB) Texas on March 3 in New Orleans.
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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).
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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.
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