As part of its ongoing efforts to increase transparency of preliminary findings with federal contractors, achieve consistency across regional and district offices, and encourage communication throughout the compliance evaluation process, the Office of Federal Contract Compliance Programs (OFCCP) has issued Directive 2018-01 standardizing the use of Predetermination Notices (PDN). A PDN is a letter that OFCCP uses to inform federal contractors and subcontractors of the agency’s preliminary findings of employment discrimination. In recent years, OFCCP has typically reserved use of the PDN for systemic discrimination cases and permitted regional and district offices discretion in whether to issue the PDN prior to issuing a Notice of Violation (NOV). The intent of Directive 2018-01 is to provide a uniform protocol for OFCCP staff to follow across all of its regions for using PDNs in both individual and systemic discrimination cases.

Submission Deadline Extended to Friday, March 16, 2018

On March 6, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which intends to facilitate the resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). According to WHD, the program's primary objectives are to resolve such claims expeditiously and without litigation, to improve employers' compliance with overtime and minimum wage obligations, and to ensure that more employees receive the back wages they are owed—faster.

On March 6, AGC submitted comments to the U. S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) in response to a proposed 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 AGC Chapters across the country currently recognize the need to offer alternative health care options and have established AHPs that offer “group health plan” coverage to employees of members. AGC is supportive of the flexibility and opportunity the DOL proposes to provide, but is also concerned of negative impacts the changes might have on current Chapter-sponsored health plans and others who might be interested in sponsoring health plans.

The saga of the joint employer standard under the National Labor Relations Act continues. It began when the National Labor Relations Board (NLRB or Board) under the Obama Administration established a broader standard for determining joint employer status in the controversial Browning-Ferris Industries case in 2015. Under the new standard, joint employer status may exist even when a company merely exercises indirect control over, or has simply reserved the right to control, essential employment terms of another company’s employees. While the case was on appeal pending decision in the U.S. Court of Appeals for the District of Columbia Circuit (AGC submitted an amicus brief supporting the appeal with other associations), the Board reversed the Browning-Ferris decision in a separate case called Hy-Brand Industrial Contractors. The decision was issued in December 2017 during a brief period of time when the Board had a full complement of five members and a Republican majority, following Pres. Trump’s appointment of Republicans William Emanuel and Marvin Kaplan and prior to the expiration of Republican Philip Miscimarra’s term. The DC Circuit promptly remanded the Browning-Ferris case back to the Board for reconsideration in light of the Hy-Brand ruling.

Brent Booker, secretary-treasurer of North America’s Building Trade Unions (NABTU), addressed attendees at a Union Contractors Committee-sponsored session during AGC of America’s Annual Convention in New Orleans, LA, on Feb. 26. He talked about NABTU’s current priorities and key activities, including the Capital Strategies program, craft training, infrastructure funding legislation, multiemployer pension plans, and owner community engagement.

Thirty-five states and the District of Columbia added construction jobs between January 2017 and January 2018, while 32 states and D.C. added construction jobs between December and January, according to an analysis by the Associated General Contractors of America of Labor Department data released today. Association officials cautioned, however, that newly-imposed tariffs on steel and aluminum products are likely to undermine future job growth in the sector.

Tell Congress to Invest in Infrastructure NOW

Ida Cheinman, Substance151 Rebuilding a website is no easy endeavor. Fortunately, if you ask the right questions at the onset of the project, you will keep your team on track and your soon-to-be new website on the road to exceptional.

Employers Should Prepare Now to Avoid Federal Enforcement Action