The U.S. Department of Labor鈥檚 (DOL) Wage and Hour Division recently published Field Assistance Bulletin (FAB) No. 2023-2, Enforcement of Protections for Employees to Pump Breast Milk at Work.
Looking to tackle your biggest construction HR & workforce challenges? There's no better place than the Construction HR & Workforce Conference!
Four Things Employers Need to Know
The Associated General Contractors of America recently urged the U.S. Department of Labor鈥檚 (DOL) Wage and Hour Division to abandon or at least postpone issuance of its anticipated proposed rulemaking altering the overtime regulations under the Fair Labor Standards Act (FLSA). Even though the COVID-19 public health emergency has been lifted, concerns with supply chain disruptions, workforce shortages, inflationary pressures, and the shifting dynamics of the American workforce persist, and any rule change now would threaten a particularly vulnerable and recovering economy.
In an eight-to-one decision issued on June 1, the U.S. Supreme Court issued a favorable decision in a labor preemption case in which 黑料不打烊 of America submitted an amicus brief. The case, Glacier Northwest v. International Brotherhood of Teamsters Local Union No. 174, presented the question of whether the National Labor Relations Act (NLRA) preempts an employer鈥檚 state tort claim against a union for intentionally destroying the employer鈥檚 property in the course of a labor dispute. Agreeing with arguments made in an 黑料不打烊-supported coalition amicus brief, the Court affirmed the principle that strikers must take 鈥渞easonable precautions鈥 to protect employer property from 鈥渇oreseeable, imminent danger鈥 and held that the union鈥檚 failure to do so in the case rendered its conduct outside the NLRA鈥檚 protections. Accordingly, preemption did not apply, and the employer in the case is free to pursue damages against the union in state court. For more background on the case, see 黑料不打烊鈥檚 prior articles here and here.
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Looking to tackle your biggest construction HR & workforce challenges? There's no better place than the Construction HR & Workforce Conference!
The construction industry workforce shortage is limiting contractors鈥 ability to staff projects. Contractors should be aware of the employment authorization and immigration work visas allowed under current law. However, navigating the legal process and requirements may seem daunting.
The Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, in response to the end of the COVID-19 Public Health Emergency Declaration, appearing to give employers permission to continue many of their COVID-19 practices and protocols. The 鈥淎DA鈥 is the Americans with Disabilities Act.
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