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Construction Groups See Biden Administration’s Decision to Exclude Construction From the COVID-19 Emergency Temporary Standard a Smart One

June 16, 2021

The U.S. Department of Labor’s Occupational Safety and Health Administration announced the long-awaited COVID-19 Healthcare Emergency Temporary Standard on June 10. The Construction Industry Safety Coalition, which ABC is a steering committee member, said that it is pleased that the Biden administration and OSHA listened to the concerns and recommendations of the construction industry in formulating the ETS.

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Posts Tagged 'joint employer'

We are pleased to present below all posts tagged with 'joint employer'. If you still can't find what you are looking for, try using the search box.

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). 

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). 

Take Action: Tell Congress to Support the “Protecting Local Business Opportunity Act”

ABC is encouraging all members to call on their Senators and Representatives to co-sponsor and support the “Protecting Local Business Opportunity Act” (S. 2015/ H.R. 3459). This important legislation will help provide additional stability for contractors, subcontractors and their employees by restoring the 30 year old “joint employer” standard, encouraging local business ownership and employee opportunity.

House Subcommittee Holds Hearing on Legislation to Counteract “Joint Employer” Ruling

ABC reiterated its support in advance of a U.S House of Representatives subcommittee hearing on legislation introduced Sept. 9 designed to help restore the “joint employer” standard under the National Labor Relations Act that has been in place for over 30 years. The standard was overturned by the National Labor Relations Board (NLRB) in its Aug. 27 ruling in the Browning-Ferris Industries of California case. 

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