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On April 12, 2018, the U.S. Department of Labor (DOL) issued 3 new opinion letters addressing compliance under the Fair Labor Standards Act (FLSA) and other laws. The DOL issued the letters as part of its commitment to protect employees, enforce the law, and ensure employers have the tools for compliance.

On April 11, the Senate confirmed John F. Ring’s appointment to the National Labor Relations Board for a term expiring on December 16, 2022. Once Ring is sworn in, the Board will return to a full complement of five members, with a three-to-two Republican majority. Ring is currently a partner at the law firm of Morgan Lewis & Bockius in Washington, DC, where he co-leads the firm’s Labor-Management Relations Practice representing employers in a variety of labor and employment matters. He has been with the firm his entire legal career, starting in 1988.

International Union of Operating Engineers Pres. Jim Callahan has invited �鶹��ý members and staff to tour the union’s brand new International Training & Conference Center in Crosby, TX, on June 5. �鶹��ý is in the process of arranging hotel accommodations at a hotel at Bush Intercontinental Airport in nearby Houston for June 4 and will host a breakfast on June 5. Transportation to the Center will also be provided. The tour will begin around 10:00 a.m., followed by lunch hosted by the Operating Engineers.

Construction costs climbed again in March, with increases for a wide range of building materials, including many that are subject to proposed tariffs that could drive prices still higher and cause scarcities, according to an analysis by the Associated General Contractors of America of Labor Department data released today. Association officials warned that tariffs on some items might lead to project delays and cancellations if supplies become unobtainable or too expensive for current budgets.

Construction employment increased by 228,000 jobs over the past year despite a weather-related dip last month, and the industry’s unemployment rate fell to 7.4 percent, the lowest yet for March, according to an analysis of new government data by the Associated General Contractors of America. Association officials called for revitalizing and adequately funding career and technical education and training programs to ensure that employment in the high-paying industry would continue to grow.

On March 30, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark for 2018. Effective March 31, 2018, the hiring benchmark will be 6.4 percent, down from 6.7 percent in 2017. This benchmark is an annual goal for the percentage of hires who are veterans at each affirmative action plan (AAP) establishment.

On April 3, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) began officially accepting applications for the Payroll Audit Independent Determination (PAID) program and provided supplemental information about participation on the program’s website. The PAID program website includes information for an employer to determine the criteria for participating in the program, a brief description of compliance assistance materials, and the required elements of a self-audit. The site also includes details on how the program works and the process for the payment of wages. WHD will conduct a public webinar on Tuesday, April 10, 2018 at 1:00 pm Eastern time to provide an overview of the PAID program.

The use of the “Segal Blend” interest assumption to calculate a withdrawing company’s multiemployer pension liability was a “mistake” and unsupported by the record, according to the decision in The New York Times Co. v. Newspapers & Mail Deliverers’-Publishers’ Pension Fund, No. 1:17-cv-06178-RWS (S.D.N.Y. Mar. 26, 2018). This decision may have broad consequences for multiemployer pension plans and contributing employers, because the Segal Blend method is used by many of the largest multiemployer plans in the United States. It will most likely be appealed to the Second Circuit federal court of appeals.

Construction employment increased in 257 out of 358 metro areas between February 2017 and February 2018, declined in 50 and stagnated in 51, according to a new analysis of federal employment data released today by the Associated General Contractors of America. Association officials said that the employment gains are occurring as construction firms in many parts of the country are having a hard time finding enough qualified workers to keep pace with demand.

Join us on September 12-13, 2018 in Crystal City, Virginia