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Illinois Governor Vetoes Bill Tying Prevailing Wage To Union Contracts

On July 22, Illinois Gov. Bruce Rauner vetoed a bill that would have significantly changed the prevailing wage calculation process by tying wage rates to union collective bargaining agreements.
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Increase in Penalties Begins in August

Due to a provision in the Bipartisan Budget Act of 2015, all agencies with civil monetary penalties covered by the statute have the authority
to raise penalties annually in line with the Consumer Price Index (CPI). Some agencies affected by this increase include DOL, EPA and OSHA. The provision also allows OSHA to have a one-time “catch-up adjustment” in 2016 since the fines have not increased since 1990.
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ABC, Empire State Issues Statement on Cuomo's DNC Comments

Associated Builders & Contractors, Empire State Chapter President Brian Sampson issued the following statement in response to Governor Cuomo’s comments at the Democratic National Convention that, “anti-labor forces want NYS affordable housing projects to be open shop ‘this hand will never sign that bill.’”
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ABC Challenges Anti-retaliation Provisions of OSHA’s Electronic Reporting Rule

Associated Builders and Contractors (ABC), TEXO and a coalition of stakeholders today filed suit against the Occupational Safety and Health Administration’s (OSHA) final rule on Tracking of Workplace Injuries and Illnesses, commonly referred to as the “electronic injury reporting and anti-retaliation final rule.” The suit immediately challenges the anti-retaliation provisions of the final rule that will limit post-accident drug testing and safety programs that contribute to construction jobsite safety. ABC is seeking to prevent these provisions from taking effect on Aug. 10.
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FAA Issues Final Rules On Drones

On June 28, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) issued a final rule on the operation and certification of non-hobbyist small unmanned aircraft systems (UAS or drones). The final rule covers commercial uses for UAS that weigh less than 55 pounds and it takes effect Aug. 29.
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Court Blocks DOL's Final Persuader Rule

On June 27, the U.S. District Court for the Northern District of Texas issued a nationwide injunction that will block the U.S. Department of Labor (DOL) from implementing the final persuader rule, officially titled the Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act (LMRDA), which was scheduled to go into effect on July 1.  
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Diversity & Inclusion Summit Fosters Success

About 80 industry executives, suppliers and stakeholders joined ABC members for the second annual Diversity & Inclusion Summit in Washington, D.C., on June 22.The half-day program included sessions on creating value for Minority Business Enterprises (MBEs), the benefits of developing joint ventures with MBE partners and the cultural advantages of promoting diversity and inclusion in the industry and in the community.
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EEOC Releases Final Rules On Employer Wellness Programs

On May 16, the U.S. Equal Employment Opportunity Commission (EEOC) released final rules under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) that address employer-sponsored wellness programs and financial inducements.  The rules specifically limit incentives for participation in programs that involve disability-related inquiries and/or medical examinations or require the disclosure of a spouse’s current or past health status information.
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EEOC Raises Fine for Noncompliance with Notice-posting Requirements

On June 2, the U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule increasing the penalty for failure to post notices of worker rights under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Genetic Information Nondisclosure Act (GINA).  Under the final rule, the maximum fine for failure to comply with these notice-posting requirements rises from $210 to $525 per violation.
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Final Rules on Blacklisting, Sick Leave Forthcoming

On May 18, the administration released the latest regulatory agenda outlining their plans for their final months. The agencies are looking to work on several rulemakings impacting federal contractors. An update on rulemakings affecting the construction industry is outlined below.
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Associated Builders and Contractors, Empire State is the voice of the merit shop in the New York construction industry.  We believe the merit shop movement is a movement for the betterment of the individual... the construction industry... and the nation.. 
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