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The National Labor Relations Board (“NLRB”) has issued a final rule changing the standard for when one company may be deemed a joint employer of another company’s employees. Like the proposed rule, the final rule establishes that a company is a joint employer if it actually exercises substantial direct and immediate control over essential terms and conditions of employment. However, consistent with �鶹��ý of America’s comments to the proposed rule, the final rule adds clarification as to what constitutes “substantial direct and immediate control,” “essential terms and conditions of employment,” and other key terms.

�鶹��ý’s 2020 Construction HR & Training Professionals Conference and pre-conference Federal Construction HR Workshop will be held on October 7-9, 2020, at the Hyatt Regency St. Louis at the Arch in St. Louis, MO. The conference will offer unique opportunities for HR, training, and workforce development professionals in the construction industry. For training professionals, the conference will offer sessions related to the most cutting-edge techniques currently in the industry and envisioned for the future in training, education and workforce development. For HR professionals, the conference will help attendees stay up to date and compliant with employment laws and best practices. Some sessions will be of interest to both HR and training professionals alike.

On Feb. 27, the Environmental Protection Agency (EPA) released for public comment a draft of its general permit to regulate stormwater discharges from most industrial activities. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by changes to EPA’s Multi-Sector General Permit (MSGP). The MSGP applies where EPA is the permitting authority and sets the standard for related general permits issued by states. �鶹��ý is working with a coalition to submit comments to EPA in advance of the deadline.

On Feb. 24, �鶹��ý CEO Steve Sandherr, along with other national business leaders, spoke at a press briefing on the need to streamline the environmental review process for projects that require federal approval in order to unlock American investment in modern, efficient infrastructure while advancing good environmental stewardship. On Feb. 25, �鶹��ý presented the same message at the White House Council on Environmental Quality’s (CEQ) public hearing on proposed regulations out for public comment that would update the rules implementing the National Environmental Policy Act (NEPA).

There’s still a short time left to register for �鶹��ý of America’s upcoming Collective Bargaining Seminar. The half-day seminar will take place in the morning of March 9 at the Bellagio Hotel in Las Vegas, NV. The seminar is part of �鶹��ý’s Annual Convention, but �鶹��ý members and chapter staff not attending the convention may also attend.

�鶹��ý of America on Feb. 4 released a white paper titled The PRO Act: What Union Contractors Need to Know. The PRO Act is a bill that would make vast, transformational changes to labor laws and upsets the delicate balance of rights and restrictions established over decades by the NLRB, courts, and Congress. While the union-favoring legislation presents obvious concerns for open-shop contractors, union contractors may not realize the detrimental impact it could have on them.

March 11, 2020, at the Bellagio Hotel and Casino

Construction-industry collective bargaining negotiations completed in 2019 resulted in an average first-year increase in wages and fringe benefits of $1.67 or 2.9 percent, according to the annual year-end Settlements Report issued by the �鶹��ý-supported Construction Labor Research Council (“CLRC”).

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently announced the release of its new technical assistance guide created specifically for construction contractors. OFCCP intends for construction contractors to use the technical assistance guide as a self-assessment tool to review the practices they have in place to eliminate discrimination and achieve their equal employment opportunity goals.

On Jan. 31, 2020, The U.S. Citizenship and Immigration Services (USCIS) released a new version of Form I-9, Employment Eligibility Verification. This new version contains minor changes to the form and its instructions. Employers should begin using this updated form as of Jan. 31, 2020.