In a significant ruling that will benefit companies, the National Labor Relations Board (“NLRB†or the “Boardâ€) recently revised the test it uses for determining whether workers are employees or independent contractors under the National Labor Relations Act making it easier for entities to classify them as contractors. The decision in the case, SuperShuttle DFW, Inc., throws a roadblock into unionization efforts involving such workers, as federal law does not permit independent contractors to unionize or join forces with employees in organizing efforts. What do employers need to know about this development?
Participants Removed from Compliance Evaluation Selection Process for Three to Five Years
Advanced Contractor Notification Letters Will Not Be Sent
Union representation in the construction industry (covering all occupations) declined in 2018, from 14.7 percent to 13.8 percent, according to an annual report recently issued by the Bureau of Labor Statistics (“BLSâ€). Union membership in the industry also declined, from 14 percent to only 12.8 percent, but remains considerably higher than the 6.4 percent all-industry average in the private sector. Construction union representation and membership increased slightly in both 2017 and 2016. The total number of workers in construction rose in each year. In 2018, the number rose from 7,844,000 to 8,169,000.
Construction-industry collective bargaining negotiations completed during 2018 resulted in an average first-year increase in wages and fringe benefits of $1.70 per hour or 3.0 percent, according to the annual year-end Settlements Report issued by the حوإ¼½م½م-supported Construction Labor Research Council (CLRC). This reflects a continuing slow but steady upward trend since 2011, when the average was only $0.73 or 1.7 percent. Still, CLRC notes, the 2018 average remained below increases negotiated during the 2006–2008 timeframe, which were over 4.0 percent per year. For multi-year agreements negotiated in 2018, the average second-year increase was $1.68 or 2.8 percent, and the average third-year increase was $1.65 or 2.7 percent.
April 4, 2019, at the Hyatt Regency Denver
The U.S. Department of Labor (DOL) recently announced the launch of an enhanced electronic version of its Handy Reference Guide to the Fair Labor Standards Act (FLSA). This new online version of one of the Wage and Hour Division’s (WHD) most popular publications is intended to assist American employers and workers with a simple, easy-to-follow resource that provides basic WHD information, as well as links to other resources.
New Deadline to Submit EEO-1 Data Extended Until May 31, 2019
حوإ¼½م½م of America submitted comments supporting the National Labor Relations Board’s proposed rule on joint-employer status with certain clarifications January 28. The rule would reinstate a standard establishing joint-employer status under the National Labor Relations Act only when a company actually exercises substantial direct and immediate control over essential terms and conditions of employment of another company’s employees and does so in a manner that is not limited and routine. It would reverse the حوإ¼½م½م-opposed Browning-Ferris Industries decision that was issued by the Obama Board in 2015 and recently upheld by a federal circuit court.