AGC of America joined three other employer associations in filing an amicus brief at the U.S. Supreme Court on April 24, 2023, in a case addressing what language is needed in a notice to terminate a collective bargaining agreement (CBA) to satisfy the termination procedure in a CBA containing an “evergreen clause.”
Vehicle Allowance and Practices Survey Results Unveiled
AGC’s 2023 Construction HR & Workforce Conference will be held on November 6-8, 2022, at the Hyatt Regency Atlanta. The revamped event will feature keynotes focusing on the intersection of HR and workforce development. The program will feature a multi-track educational program that includes sessions focused on HR & training practices, while others will highlight workforce development strategies. Some sessions will cover both!
The Office of Federal Contract Compliance Programs (OFCCP), after giving federal contractors and subcontractors several opportunities to submit objections, recently published EEO-1 data for contractors that “either affirmatively agreed to, or did not object to, the release of their EEO-1 data.” For contractors that have submitted objections, OFCCP is in the process of considering those objections and will make determinations as to whether the information provided must be disclosed or may be withheld under FOIA Exemption 4. In the event that OFCCP determines that a contractor’s EEO-1 data must be disclosed, OFCCP will provide the objecting contractor with written notice of its determination and a specified disclosure date, which will be set to occur at a reasonable time after the determination notice is issued.
The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently announced the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark for 2023. Effective March 31, 2023, the hiring benchmark will be 5.4 percent, slightly down from 5.5 percent in 2022. This benchmark is an annual goal for the percentage of hires who are veterans at each affirmative action plan (AAP) establishment.
Contractors Must Update Forms by July 25, 2023
The Construction Labor Research Council (CLRC) has released its annual report on Union Labor Costs in Construction. The report is useful for understanding current trends in collectively bargained compensation for union craft workers in the construction industry, providing data analyses by region and trade. It can be a valuable resource when preparing for collective bargaining negotiations, particularly when used in conjunction with CLRC’s latest Settlements Report.
In a recent article reporting on the National Labor Relations Board’s (NLRB or Board) decision in McLaren Macomb, which changes the Board’s approach to the lawfulness of key provisions often found in severance agreements, we indicated that the NLRB’s general counsel would eventually issue guidance on questions arising as a result of that decision. That day has come. On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05, Guidance in Response to Inquiries about the McLaren Macomb Decision. The Guidance covers a range of topics and questions of importance to employers.
In its February 21, 2023, decision in the McLaren Macomb case, the National Labor Relations Board (NLRB or Board) explicitly overruled Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020) and reversed Trump-era decisions in Baylor University Medical Center and IGT d/b/a International Game Technology that had permitted employers to include broad confidentiality provisions and non-disparagement clauses in severance agreements.