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On August 29, the U.S. Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Retaliation and Related Issues. The guidance addresses retaliation under each statute enforced by the EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA). It also specifically addresses the "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights.

The National Labor Relations Board (NLRB or Board) has changed the standard – yet again – for determining the appropriateness of bargaining units in the context of labor staffing firms. In Miller & Anderson, the Board held that a union may seek to represent a unit of workers that combines employees who are jointly employed by the “supplier” employer (the staffing company) and the “user” employer with employees who are solely employed by the user employer, provided that the workers share a “community of interest.” The Board’s most recent standard conditioned such a unit on the joint employers’ consent, but the Board has flip-flopped on this standard over the years. The present decision reinstates the standard set forth in the 2000 Sturgis decision, which was reversed in the 2004 Oakwood decision. It arguably makes it easier for unions to organize supplied workers, particularly as it comes in the wake of last year’s Browning-Ferris Industries decision relaxing the standard for determining joint employer status.

On August 15, �鶹��Ƶ submitted a second set of comments to the Office of Management and Budget (OMB) opposing the Equal Employment Opportunity Commission’s (EEOC) proposed rule to revise the Employer Information Report (EEO-1). The proposal intends to collect compensation and hours-worked data in addition to already collected race and gender data. �鶹��Ƶ submitted comments on the rule, as initially proposed, in April. A final rule is expected in the Fall.

A federal court on June 26 issued a nationwide preliminary injunction preventing the U.S. Department of Labor's (DOL) final "persuader" rule from taking effect as scheduled on July 1. Although the injunction is only temporary, the ruling is a significant victory for employers and for the associations, attorneys, and consultants that advise them.

A large construction company with many subsidiaries triggered withdrawal liability of almost $1 million under controlled group liability principles in the Multiemployer Pension Plan Amendment Act (“MPPAA”) when it purchased a nonunion construction company.

On May 31, 2016, the National Labor Relations Board (“NLRB” or “Board”) issued a decision holding that an employer's right to hire permanent replacement for economic strikers is not unlimited, and that an employer must be circumspect about its reasons for seeking permanent replacements or risk substantial penalties. The case is American Baptist Homes of the West (“American Baptist”), and has ominous overtones for the future.

Each October, construction industry professionals in HR, training and workforce development gear up for the industry’s premier learning and networking event, �鶹��Ƶ’s Construction HR & Training Professionals Conference, and this year is no different. The 2016 event will be held Oct. 5-7 at the Hyatt Regency Chicago in Chicago, Illinois. Here are the top 10 reasons to attend this year’s event.

A common misunderstanding among federal construction contractors is that they never have to prepare written affirmative action plans (AAPs). They often base this on their not having to prepare written AAPs for minorities and women under Executive Order 11246. Unlike supply and service contractors, construction contractors do not prepare written AAPs for women and minorities. The Office of Federal Contract Compliance Programs' (OFCCP) regulations concerning written AAPs for protected veterans and individuals with disabilities apply to most construction contractors the same as non-construction contractors, however. This article will highlight protected veterans and individuals with disabilities obligations that covered construction contractors commonly overlook.

On June 14, the Office of Federal Contract Compliance Programs (OFCCP) published its final rule requiring federal and federally-assisted contractors to meet the provisions of Executive Order 11246 prohibiting sex discrimination in employment. This rule updates sex discrimination guidelines from 1970 with new regulations that align with current law and address the realities of today’s workplaces. The rule takes effect on August 15. OFCCP will host a free webinar to educate federal contractors on the requirements of the rule on Thursday, June 16, at 2:00 PM ET.

�鶹��Ƶ and seven other trade associations on June 15 jointly filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in the Browning-Ferris Industries case concerning the definition of “joint employer” under the National Labor Relations Act. The brief supports Browning-Ferris Industries’ appeal of the August 2015 National Labor Relations Board decision expanding that definition. It supplements the appeal by emphasizing the adverse impact of the decision on the U.S. economy in general and in the construction, healthcare, hospitality, retail, and franchising industries in particular.