The U.S. Department of Labor announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The rule takes effect 60 days after publication in the Federal Register, on March 8, 2021.
In an amicus brief filed on December 23, AGC of America urged the National Labor Relations Board to change its standard for determining the lawfulness of union displays of stationary banners and inflatable rats at the workplace of a neutral employer. The Board invited interested parties to submit amicus briefs in the case International Union of Operating Engineers, Local Union No. 150 (Lippert Components, Inc.), Case 25–CC–228342. The case provides an opportunity for the Board to reconsider the permissive approach established by the Obama Board in the 2010 Eliason & Knuth decision on bannering and in the 2011 Brandon Regional Medical Center case on Scabby the inflatable rat.
AGC is taking a quick temperature check on the current healthcare policy landscape in the construction industry.
Addresses Americans with Disabilities Act & Other Legal Concerns for Employers
The EEOC has released COVID-19 vaccination-related guidance, including information about employer-mandated vaccinations for employees.
Association Continues to Push for Changes to Form Itself
On December 14, the Coalition for a Democratic Workplace (CDW), of which AGC is an active member, filed comments supporting the Department of Labor’s proposed rule on financial disclosure reports that unions annually must file with the Department’s Office of Labor-Management Standards. The proposed rule would expand the disclosures that unions must report on Form LM-2 and would require larger unions to file a new Forum LM-2 Long Form.
The U.S. Equal Employment Opportunity Commission (EEOC or Commission) announced that it has launched a new process for the public to request a formal opinion letter concerning Title VII and the Age Discrimination in Employment Act (ADEA) from the Commission.
On December 3, AGC, along with 564 trade associations, called on Congress to pass legislation reversing IRS policy that turns promised, tax-free PPP loan forgiveness into a taxable event. The effect of this is to tax a business’s PPP loan forgiveness up to 37 percent. AGC is very engaged in exhorting Congress to include legislation to overturn the IRS Notice in any end of year tax or spending package, and we will continue to provide updates to members.