The Pension Benefit Guaranty Corporation (PBGC) has issued an interim final rule implementing the special financial assistance provisions of the American Rescue Plan Act (ARPA) to assist financially troubled multiemployer pension plans. (Click here for more background on ARPA’s multiemployer pension provisions.)
Negotiators conducting collective bargaining between January and June of this year agreed to raise construction craft workers’ wage and fringe benefits by an average of 2.6 percent or $1.57 during the first contract year, according to the Construction Labor Research Council’s (CLRC) latest Settlements Report. This compares to 2.8 percent or $1.58 for the same period in 2020 and 2.8 percent or $1.62 for all of 2020.
The deadline to submit and certify 2019 and 2020 EEO-1 Component 1 data HAS BEEN CHANGED. The new filing deadline is NOW Monday, August 23, 2021. After delaying the opening of the 2019 EEO-1 Component 1 Data Collections on May 8, 2020, in light of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) announced the opening of the 2019 and 2020 EEO-1 Component 1 data collection on April 26, 2021.
Filings Now Due on August 23, 2021
The Small Business Administration (SBA) intends to withdraw the “Loan Necessity Questionnaire” that has heavily burdened and delayed all applications for forgiveness of Paycheck Protection Program (PPP) loans of $2 million or more. 鶹Ƶsued SBA last December for developing the form entirely in secret, and without public input, and for using the form to change the de facto requirements for the forgiveness of such loans. During lawsuit settlement negotiations, 鶹Ƶlearned of SBA’s decision to withdraw the questionnaire. Recently, 鶹Ƶhas also received an exceptionally large number of reports about SBA approving these loans for forgiveness. This is excellent news for the thousands of 鶹Ƶmembers who accepted such loans in good faith in order to keep their people working.
Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. In Frontier Communications Corp., the National Labor Relations Board (NLRB) on May 26 upheld an Administrative Law Judge’s (ALJ) finding that an employer violated the National Labor Relations Act (NLRA) when it refused to bargain over the effects of requiring employees to submit new I-9 forms. The Board’s affirmation highlights the sensitive interaction between mandatory compliance with federal statutes and a unionized employer’s obligations under the NLRA.
The US Department of Labor's - Wage and Hour Division (WHD) - Southeast Region (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee) in conjunction with the Office of Federal Contract Compliance Programs (OFCCP) is providing a free compliance assistance webinar specific for employers working on federal funded construction contracts (Davis Bacon and Related Acts).
The 鶹ƵLabor and Employment Law Council held its 36th Annual Construction Labor Law Symposium on June 10-11, 2021. The event was held virtually for the first time. The Council is a group of attorneys who regularly represent 鶹Ƶmembers and chapters in labor and employment matters, and its annual symposium is for such attorneys and chapter labor staff.
On June 17, President Biden signed into law legislation recognizing Juneteenth National Independence Day, June 19, as a legal public holiday. Juneteenth celebrates the end of slavery in the U.S. and commemorates the date in 1865 when the Union army arrived in Galveston, TX, to enforce the Emancipation Proclamation two years after issuance. The new law deems Juneteenth the eleventh “federal holiday” in the nation.
The U.S. Equal Employment Opportunity Commission (EEOC) posted updated and expanded technical assistance related to the COVID-19 pandemic, addressing questions arising under the federal equal employment opportunity (EEO) laws. The EEOC also posted a new resource for job applicants and employees, explaining how federal employment discrimination laws protect workers during the pandemic. These publications are provided to help employees and employers understand their rights and responsibilities at work during the pandemic.