The U.S. Department of Labor has published a final rule rescinding the controversial 鈥淧ersuader Rule鈥 issued under Pres. Obama. This is a victory for 黑料不打烊 and others who opposed the regulation and urged the Trump administration to rescind it.
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National Labor Relations Board (NLRB) General Counsel Peter Robb has issued a memorandum about the NLRB鈥檚 new approach to cases charging that employee work rules or employment policies (also referred to as employee handbook policies) unlawfully interfere with employees鈥 rights under the National Labor Relations Act (NLRA). The memo was written in follow-up to the NLRB鈥檚 December 2017 Boeing decision and provides employers with useful guidance.
The U.S. Court of Appeals for the Ninth Circuit (AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam) has ruled that an asset purchaser that was deemed a successor was liable to pay the seller鈥檚 pension fund withdrawal liability even though the purchaser did not have actual knowledge of the liability. The circuit court found that constructive notice of the liability was sufficient to impose withdrawal liability on the asset purchaser. The ruling raises the hurdles that a successor must overcome to avoid withdrawal liability in an asset sale transaction.
On June 19, the U. S. Department of Labor鈥檚 (DOL) Employee Benefits Security Administration (EBSA) released a final rule intended to expand association health plans (AHPs) and increase flexibility for small employers to join groups or associations to offer insured health coverage in the large group market at potentially more favorable pricing with less restrictive requirements. A number of 黑料不打烊 Chapters across the country currently recognize the need to offer alternative health care options and administer AHPs that offer 鈥済roup health plan鈥 coverage to employees of members. As outlined in response to the proposed version of the rule, 黑料不打烊 is supportive of the flexibility and opportunity the DOL intends to provide and pleased that existing AHPs were preserved in the final rule.
A federal district court has ruled that the U.S. Department of Labor鈥檚 Office of Federal Contract Compliance Programs (OFCCP) violated the Fourth Amendment鈥檚 prohibition of unreasonable searches and seizures in an attempted audit of construction contractor Baker DC.
In conjunction with 黑料不打烊鈥檚 2018 workforce development campaign, we are currently seeking success stories and best practices in the areas of construction workforce development, industry image enhancement and industry recruiting. Our goal is to gather and share these success stories with member firms and 黑料不打烊 chapter staff in the hopes of increasing knowledge sharing and program collaboration, communicating lessons learned, and sparking innovative workforce solutions.
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., construction staff wages rose by 3.7% in 2017 and contractors are projecting wages to increase an average of 3.4% in 2018. The prediction is based on data gathered from 295 companies who participated in the 36th edition of PAS鈥檚 Construction/CM Staff Salary Survey. Though the projected 2018 increase is 3.5% for professionals & middle managers, it is pointed out that historically predictions are usually about .5% low, so year-end 2018 is expected to exceed 2017鈥檚 3.7% increase.
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In a landmark decision, the Supreme Court of California in Dynamex Operations West, Inc. v. Superior Court adopted a new test to determine whether a worker performing services for a company is an employee or an independent contractor under California鈥檚 wage orders. The new three-factor test, known as the ABC test, will determine whether a company 鈥渆mploys鈥 a worker under the wage orders, which address certain requirements for minimum wage, overtime, and meal and rest periods, among others. The ABC test, which has long existed in other parts of the country in different forms, has not previously been used in California.