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ABC believes that employees and employers should have the right to determine wages and working conditions, through either individual or collective bargaining, as they choose, within the boundaries of the law. The employer must have concern for the general welfare of the employee and there must be fair compensation for work performed. By the same token, we believe that the employee has an obligation for satisfactory performance of assigned work.

ABC supports sound legislation in the areas of labor relations, immigration, safety and other areas of employment. Legislation that embraces fair play for both employer and employee is essential to the preservation of our free enterprise system. The law should protect the right of employees to work regardless of race, color, creed, age, sex, national origin, membership or non-membership in a labor organization or other protected class.





Court Partially Upholds 2015 NLRB Joint Employer Standard

On Dec. 28, 2018, the D.C. Circuit Court of Appeals ruled in the 2015 Browning-Ferris Industries v. National Labor Relations Board case, which greatly expanded joint employer liability under the National Labor Relations Act. The divided court upheld portions of the Obama-era standard for determining “joint employer” status and remanded the case back to the NLRB for further consideration.

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Trump Administration Releases 2018 Fall Regulatory Agenda

On Oct. 17, the Trump Administration released its Fall 2018 Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and in 2019.

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NLRB Issues Proposed Rule to Revise Joint-Employer Standard

On Sept. 14, the National Labor Relations Board published a proposed rule that would establish an updated standard for determining joint-employer liability under the National Labor Relations Act. The proposal aims to foster predictability, consistency and stability in the determination of joint-employer status, and therefore clarifies the standard in a way that promotes meaningful collective bargaining and advances the purposes of the NLRB.

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National Labor Relations Board

The five-member National Labor Relations Board (NLRB) is tasked with interpreting and enforcing the National Labor Relations Act (NLRA). The agency is supposed to serve as a neutral arbiter of federal labor law.

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Overview
As the economy recovers, companies likely will face a shortage of qualified workers—both craft professionals and legal laborers. Legal immigrants currently do and have for a long time played a vital role in our construction workforce. Unfortunately, current immigration laws disproportionately affect construction companies due to their fluctuating work needs.

Any successful reform measure must work to ensure the enforcement of our laws, the security of our borders and the prosperity of our economy. Immigration reform will fail without a legal channel allowing willing and essential foreign workers the opportunity to work legally in this country.

ABC Supports DOL Proposals on ARPs and HRAs

On Dec. 21, ABC submitted comments to the U.S. Department of Labor’s Employee Benefits Security Administration in support of its proposed rule to allow small and mid-sized businesses to band together and offer 401(k) plans to their employees through association retirement plans.

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Court Partially Upholds 2015 NLRB Joint Employer Standard

On Dec. 28, 2018, the D.C. Circuit Court of Appeals ruled in the 2015 Browning-Ferris Industries v. National Labor Relations Board case, which greatly expanded joint employer liability under the National Labor Relations Act. The divided court upheld portions of the Obama-era standard for determining “joint employer” status and remanded the case back to the NLRB for further consideration.

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ABC Sends Letter to Senate Supporting Prison Reform Legislation

ABC sent a letter to the U.S. Senate in support of the FIRST STEP Act, which was introduced by Judiciary Committee Chairman Chuck Grassley (R-Iowa). This bipartisan bill addresses the important issue of prison reform with the goal of lowering recidivism rates by helping incarcerated individuals prepare to reenter their communities.

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DOL Issues Paid Sick Leave Final Rule for Federal Contractors

On Sept. 30, the DOL’s Wage and Hour Division issued a final rule requiring certain federal contractors to offer employees up to seven days (56 hours) of paid sick leave annually, including paid leave for family care.  The paid sick leave required by the final rule 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 final rule. 

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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.

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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. 

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Independent Contractors

Independent contractors are an important part of the construction industry due to its fluctuating work demands and are often the answer to a pressing demand for the special skills and know-how required for short-term projects.

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Right to Secret Ballot Election

All workers, in every industry, deserve the fundamental American right to a federally supervised secret ballot election. This right is guaranteed when voting in political elections; there is no reason it should be surrendered in the workplace.

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Court Partially Upholds 2015 NLRB Joint Employer Standard

On Dec. 28, 2018, the D.C. Circuit Court of Appeals ruled in the 2015 Browning-Ferris Industries v. National Labor Relations Board case, which greatly expanded joint employer liability under the National Labor Relations Act. The divided court upheld portions of the Obama-era standard for determining “joint employer” status and remanded the case back to the NLRB for further consideration.

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Trump Administration Releases 2018 Fall Regulatory Agenda

On Oct. 17, the Trump Administration released its Fall 2018 Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and in 2019.

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Trump Administration Continues Rollback of Burdensome Regs

On May 9, the Trump administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to release through the end of the year and into 2019. 

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ABC Slams Persuader Rule: DOL Proposal Designed to Silence Employers

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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West Virginia Enacts Prevailing Wage Repeal and Right to Work

On Feb. 12, the West Virginia Legislature voted to override Gov. Earl Ray Tomblin’s vetoes of  a prevailing wage repeal bill and the West Virginia Workplace Freedom Act, making West Virginia the 26th Right to Work state in the country and the fourth state to pass Right to Work since 2012. 

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DOL “Persuader” Final Rule

The Obama administration’s 2016 persuader final rule would have significantly broadened the reporting requirements for employers, attorneys, trade associations and other third-party advisors under the Labor-Management Reporting and Disclosure Act by redefining what is meant by labor relations “advice.”

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Right to Secret Ballot Election

All workers, in every industry, deserve the fundamental American right to a federally supervised secret ballot election. This right is guaranteed when voting in political elections; there is no reason it should be surrendered in the workplace.

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Right to Work

Right to Work laws guarantee workers can seek employment without fearing they will be required to join (or pay) a union if they are hired.

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Salting Abuse

Salting is not merely an organizing tool—it has become an instrument of economic destruction aimed at nonunion companies.

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Beck Rights/Paycheck Protection

Beck rights, also known as “paycheck protection,” provide workers an opportunity to decide if their compulsory union dues can be used for non-collective bargaining purposes, such as political activities.

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Contractors Must Post OSHA Form 300A Data by Feb. 1

Employers covered by the Occupational Safety and Health Administration’s recordkeeping rule are required to post their 2018 OSHA Form 300A work-related injury and illness log summaries in an area where notices to employees are typically posted from Feb. 1 through April 30. The form must be posted in a visible spot at each covered establishment.

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Deadline for Electronically Reporting OSHA Form 300A Data is March 2

OSHA’s Electronic Injury Reporting and Anti-Retaliation final rule requires certain establishments to electronically submit information from their OSHA Form 300A for calendar year 2018 by March 2. Information on how to electronically submit the OSHA Form 300A can be found on OSHA’s Injury Tracking Application website.

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OSHA Offers Resources on Fall Prevention, Compliance Assistance for the Construction Industry

The U.S. Department of Labor’s Occupational Health and Safety Administration has created a collection of events, training guides, videos and web pages to provide employers and employees with prevention and compliance assistance to prevent falls in the workplace.

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Associated Builders and Contractors Files Suit Against ‘Blacklisting’ Rule

Associated Builders and Contractors (ABC) and its ABC Southeast Texas Chapter announced that they have filed a lawsuit challenging the Fair Pay and Safe Workplaces final rule, commonly referred to as the “blacklisting” rule, which was released Aug. 25, 2016. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas, Beaumont Division, by the Texas office of Littler Mendelson, P.C., ABC National’s general counsel. The firm will represent ABC, the ABC Southeast Texas Chapter and the National Association of Security Companies (NASCO) in the lawsuit.

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Two-Year Budget Deal Signed by President Obama Carries Implications for Contractors

President Obama Nov. 2 signed into law the Bipartisan Budget Act of 2015 (H.R. 1314), which suspended the application of the debt limit until March 2017 and ensured that the United States would meet its financial obligations. The deal was approved by a bi-partisan group of legislators the Unites States Senate Oct. 30 and the House of Representatives on Oct. 28. 

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OSHA’s Confined Spaces in Construction Rule in Full Effect

Employers can now be cited for not complying with the Occupational Safety and Health Administration’s (OSHA) confined spaces in construction final rule. A temporary enforcement policy of not issuing citations--provided employers made good-faith efforts to comply--expired on Oct. 2. 

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OSHA Releases Guide on Safety and Health Training For Workers

OSHA Aug. 4 released a guide titled, “Training Requirements in OSHA Standards,” that compiles information related to the agency’s mandatory safety and health training for workers into a 266-page document that is divided into five chapters, including one focused on construction safety training.

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OSHA Issues New Employer Recordkeeping Proposal

OSHA July 29 issued a proposed rule clarifying an employer’s continuing obligation to make and maintain accurate records of reportable injuries and illnesses.

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OSHA Reform

ABC member companies believe safety is a core value, above all others, and is the basis of their culture. ABC understands the importance of common-sense regulations based on sound evidence and scientific analysis with appropriate consideration paid to implementation costs and input from employers. Many ABC companies have implemented safety programs that are among the best programs in the industry, often far exceeding legal requirements. Under the Trump administration, we hope the Occupational Safety and Health Administration (OSHA) will focus on collaborative efforts with employers to make workplaces safer. 


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Trump Administration Releases 2018 Fall Regulatory Agenda

On Oct. 17, the Trump Administration released its Fall 2018 Regulatory Plan and Unified Agenda of Regulatory and Deregulatory Actions. The agenda lists upcoming rulemakings and other regulatory actions from each agency that the administration expects to publish through the end of the year and in 2019.

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DOL Launches Apprenticeship Website for Employers and Job Seekers

On Aug. 30, the U.S. Department of Labor launched apprenticeship.gov, a digital platform designed to bring together workers in search of apprenticeship programs and the employers offering these opportunities across multiple industries.

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ABC Commends White House Infrastructure Plan's Regulatory Streamlining, Workforce Development Expansion Goals

Associated Builders and Contractors (ABC) President and CEO Michael D. Bellaman issued the following statement on President Donald Trump’s infrastructure proposal:

“ABC applauds the president for sending Congress a plan to rebuild America’s infrastructure. It is now time for lawmakers to develop legislation and policy to efficiently modernize America’s infrastructure and drive economic growth and prosperity for all Americans.

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Workforce Development

There are limitless opportunities through government defined and industry workforce development programs to build the American workforce. Through innovative and unique platforms, all Americans can develop skills to achieve their dreams.

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Apprenticeship/Job Training

ABC believes all American workers, regardless of labor affiliation, should enjoy equal access to critical job training.

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