The National Labor Relations Board on Aug. 25 adopted a final rule amending procedures governing union representation elections. The rule shortens the time period between the filing of a representation petition and the holding of an election and makes other changes that operate to unions’ advantage. Reversing regulations issued by the Board during the Trump Administration, the new rule marks a return to the “Quickie Election” or “Ambush Election” Rule issued by the Board during the Obama administration almost in its entirety. AGC took several steps to stop the Obama-era rule – including regulatory comments, Congressional lobbying, and even litigation – but the rule survived all substantive challenges. While the Board’s new rule could be vulnerable on procedural grounds (given the agency’s failure to provide the public with advance notice and an opportunity to comment before making the rule final), its similarity to the Obama-era rule means it, too, would likely survive substantive challenge. The rule is set to take effect on Dec. 26.
AGC to Provide Educational Webinars on September 26 & October 3
The U.S. Department of Labor (DOL) recently announced a massive final rule Updating the Davis-Bacon and Related Acts Regulations. The expected effective date is October 23, 2023.
The Office of Federal Contract Compliance Programs (OFCCP) has updated its substance use disorder webpage. AGC members that work on construction projects under contracts with the federal government – which are typically covered by Section 503 of the Rehabilitation Act of 1973 – might find the information and resources there particularly useful. Other contractors might also find some of the resources helpful for compliance with the Americans with Disabilities Act.
The U.S. Department of Labor (DOL) recently announced a final rule on Updating the Davis-Bacon and Related Acts Regulations, which will go into effect on Oct. 23, 2023. To help members prepare for the changes, AGC has partnered with DOL officials to provide a special virtual briefing about the impact of the regulatory changes on September 6, 2023, at 2:00 p.m. EDT.
In an ever-evolving digital landscape, the United States Citizenship and Immigration Services (USCIS) has given employers a new option for verifying employment eligibility. On July 21, 2023, the USCIS announced a final rule, effective August 1, 2023, that allows employers to have an alternative procedure (also referred to as “permanent virtual verification”), whereby qualifying employers may inspect employees’ Form I-9 documentation virtually as opposed to performing a physical verification, which was required for all new hires until the COVID-19 exception was created in March 2020. This innovative approach aims to modernize the process of employment eligibility verification while ensuring compliance with immigration laws.
AGC’s volunteers are valued members who work to address industry issues, exchange ideas, and lead change to advance the industry. You and your colleagues are invited to take the next step in your AGC journey and join the volunteer pool. Complete or update the volunteer tab in your member profile by October 1 to let us know what volunteer opportunities you are interested in. Beginning in 2024, there are both longer-term committee volunteer positions and shorter-term volunteer opportunities available. Make the time commitment that works for you.
The National Labor Relations Board (“NLRB” or “Board”) in a ruling issued on Aug. 2 changed the law again on employee handbooks by modifying the legal standards that have provided a commonsense solution for evaluating workplace misconduct rules for the past six years. The decision in Stericycle, Inc. will dramatically impact employers across the country, leading many to once again modify their handbooks to ensure compliance with the latest NLRB mandates. While some employers already review their handbooks on a yearly basis, it may be important to do so more frequently in light of this ruling – and the additional decisions and guidance memos that are expected in the months and years to come. Here’s what you need to know about the decision and how your policies may need to be updated.
Overview: The Office of Federal Contract Compliances Programs (OFCCP) issued revised final Pre-Enforcement Notice and Conciliation Procedures on August 4, 2023, which substantially altered the standards by which those contractors’ efforts will be evaluated in compliance reviews. The revised regulation culminates a process to rescind the existing rule that began a mere 15 months after the prior regulation was promulgated. The new rule becomes effective on Sept. 5, 2023.