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The National Labor Relations Board on Dec. 22 issued a final rule revising procedures in cases where a union files a petition for an election to determine whether it will become the exclusive collective bargaining representative of a unit of workers.  The effective date of the rule is April 30, 2012.

The National Labor Relations Board (NLRB or Board) has again delayed the effective date of a new regulation requiring nearly every private-sector employer to post a particular notice informing employees of their rights under the National Labor Relations Act.  Amid legal challenges to the Board’s authority to issue the regulation, the Board first postponed the original effective date of Nov. 14, 2011, to Jan. 31, 2012.  On Dec. 23, the Board further pushed back the date to April 30, 2012, stating that “postponing the effective date of the rule would facilitate the resolution of the legal challenges.”

On Dec. 9 the Office of Federal Contract Compliance Programs (OFCCP) issued its proposed rule to revise regulations on implementing affirmative action and nondiscrimination obligations to contractors and subcontractors, and to evaluate the affirmative action provisions.

On Oct. 11, 2011, ���ϲ����� submitted comments on the Aug. 10, 2011, Office of Federal Contract Compliance Program’s (OFCCP) advance notice of proposed rulemaking (ANPRM) pertaining to non-discrimination in compensation and the creation and mandated use of a new compensation data collection tool for federal and federally-assisted contractors.  While the ANPRM proposal is not presently intended to apply to construction contractors, it does inquire about whether expansion to include the construction industry is warranted.

This year marks the 70th anniversary of the enactment of the Davis-Bacon Act. So, what has changed in 70 years? While the law itself hasn’t changed much, the administration of the law has changed significantly, causing concern for many contractors with federal and federally assisted construction contracts.  Davis-Bacon wage rates are increasing and so are the Department of Labor’s audit and enforcement efforts.  As a result, ���ϲ����� will provide a webinar in two sessions – on Dec. 7 and 8 from 2:00-3:30 p.m. EST – on The Davis-Bacon Act Today: What’s New for Federal Construction Contractors.  This advanced-level webinar will explain to construction contractors with federal and federally assisted contracts how things are changing and how to safeguard a company from the risks.

The Federal Acquisition Regulatory (FAR) Council has issued a final rule implementing Executive Order 13496 and a Department of Labor (DOL) regulation requiring most federal contractors to notify employees of their rights under the National Labor Relations Act (NLRA).  The final rule became effective immediately upon its Nov. 2 publication in the Federal Register and makes no changes to an interim rule issued by the FAR Council in December 2010.  While the DOL regulation, which took effect in June 2010, established the content of the required notice, flow-down requirements, and penalties and procedures for noncompliance, further rulemaking was needed by the FAR Council to officially notify contracting officers to insert a new clause in covered contracts to render so that contractors would be contractually required to post the notices.

In response to an employer’s request, the U.S. Equal Employment Opportunity Commission (EEOC) recently issued a non-binding opinion letter that provides insight into the Commission’s current enforcement position regarding protections for job applicants with arrest or conviction records under Title VII of the Civil Rights Act of 1964.  The letter suggests that the Commission will continue to treat arrests and convictions differently and will closely review the employer’s policy with regard to how long convictions are disqualifying and whether the underlying criminal conduct is related to the job duties for the position in question.

���ϲ����� of America held an ���ϲ�����-Basic Trades Forum and Union Contractors Committee Meeting on Oct. 17 in Washington, DC.  ���ϲ�����-member union contractors and their chapter staff from across the country attended the events, which were designed to provide an opportunity for union contractors to voice their concerns to leaders of the national unions and the association.

The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has issued an interim policy with regard to providing electronic disclosures of information required under the participant-level fee disclosure final rule.  Generally, this rule requires retirement plan sponsors and employers to disclose certain plan and investment-related information, including information about fees and expenses, to participants and beneficiaries of participant-directed investment plans, such as 401(k) plans.

The Internal Revenue Service (IRS) has recently issued guidance designed to clarify the tax treatment of employer-provided cell phones.