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The National Labor Relations Board (“NLRB” or “Board”) on December 13 released a final procedural regulation rolling back some of the onerous requirements of the “quickie election” rule issued by the agency under the Obama Administration. The new rule, which was released at the end stages of lone Democrat Board Member McFerran’s term, is slated to take effect in April 2020.

For the eleventh year in a row, �۽�ֱ�� of America has been named as one of the nation’s top lobbying operations by Capitol Hill newspaper The Hill. The publication’s annual ranking of top lobbyists lists �۽�ֱ�� CEO Steve Sandherr as a top lobbyist. Sandherr said the listing is a really an acknowledgement of the quality of the association’s government relations team, noting that the team secured $7.6 billion in federal highway funding that Congress had planned to cut, a disaster aid package with billions of dollars dedicated to rebuilding impacted communities, and regulatory reforms to lower the bureaucratic burden on the industry, among other accomplishments this year.

The U. S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released a final rule updating the regulations governing regular rate requirements under the Fair Labor Standards Act (FLSA) for the first time in more than 50 years. Regular rate requirements define what forms of payment employers include and exclude in the "time and one-half" calculation when determining workers' overtime rates. The rule focuses primarily on clarifying whether certain kinds of perks, benefits, or other miscellaneous items must be included in the regular rate. Because these regulations have not been updated in decades, the Department’s intent is to better define the regular rate for today's workplace practices. Click “read more” for further information on the new rule.

Industry Continues to Add Workers Faster and Pay Higher Wages than Overall Economy as Association Officials Call on Congress and the White House to Pass the JOBS Act, Boost Funding for Career Training

Dallas-Plano-Irving, Texas and Omaha-Council Bluffs, Neb.-Iowa Have Largest Gains; New York City and Fairbanks, Alaska Lag the Most as Industry Calls for Measures to Boost Supply of Qualified Workers

The National Labor Relations Board (NLRB) in LA Specialty Produce Company recently overturned an administrative law judge’s (ALJ) finding that an employer’s confidentiality rule and media rule violated the National Labor Relations Act (NLRA). Applying the balancing test articulated in its 2017 Boeing decision for the first time, the NLRB emphasized that a work rule is lawful if, when reasonably interpreted, it does not interfere with rights protected by the NLRA. The work rule must be considered in the context of its everyday application. Moreover, even if the rule in question might interfere with NLRA rights, the NLRB must weigh the impact of the rule on NLRA rights against the employer’s business justification for the rule. The rule is unlawful only if the adverse impact on NLRA rights outweighs the justification for the rule.

On Nov. 20, Senate Republicans introduced an alternative for addressing the multiemployer pension plan crisis. This plan differs greatly from the House-passed Butch Lewis Act. While it makes positive structural reforms to the multiemployer pension plan system, it also raises questions on how it would impact plans and contributing employers. �۽�ֱ�� will continue to advocate for a package that provides employees and employers with viable options for addressing pension funding shortfalls and allows for greater plan flexibility. For further information on the Senate plan, view the White Paper and Technical Explanation.

Employers Must Now Submit Openings for Advertising on DOL Website

The agenda for �۽�ֱ�� of America’s 2020 Annual Convention includes three sessions specifically for union contractors. The convention will run from March 9-12 in Las Vegas, NV, co-located with the CONEXPO-CON/AGG industry trade show. Registration is now open at https://convention.agc.org/.