Human Resource & Labor News
www.agc.orgNovember 8, 2011 / Issue No. 6-11
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On the Inside
Regulations & Enforcement
Government Agencies Partner to Enforce Independent Contractor Misclassifications; IRS Offers Risky Settlement Program
FAR Council Issues Final Rules on Labor Laws Notice and on Labor Relations Costs
AGC Objects to Labor Department’s “Persuader Rule”
NLRB Delays Effective Date of Posting Requirement While AGC-Supported Coalition Joins Lawsuit to Block Rule
Labor Department Provides Interim Guidance on Electronic Fee Disclosures
EEOC Opinion Letter Provides Guidance on Use of Arrest and Conviction Records When Hiring
IRS Provides Guidance on Tax Treatment of Employer-Provided Cell Phones
Union Contracting
Union Contractors Meet with Basic Trade Leaders and Hold Strategic Planning Session
FASB Issues New Multiemployer Plan Disclosure Standard; Update Represents Victory for AGC
Professional Development
AGC to Provide Two-Part, Advanced Davis-Bacon Webinar
Co-located HR Professionals and TED Conferences Continue to Grow; 2012 Conference Dates & Location Announced
NLRB Delays Effective Date of Posting Requirement While AGC-Supported Coalition Joins Lawsuit to Block Rule

The National Labor Relations Board announced on Oct. 5 that it has postponed the implementation date of its recently issued regulation requiring nearly all private-sector employers to post notices of employee rights under the National Labor Relations Act.  The Board has delayed the deadline for compliance from Nov. 14, 2011, to Jan. 31, 2012.  The agency stated that it plans to make no further changes to the rule or to the form or content of the required notice. 

In explaining the reason for the postponement, the Board said that its decision “followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance.”  However, the delay also allows time for progress in legal challenges to the rule.  The first of several lawsuits filed to overturn the rule was brought by the National Association of Manufacturers (NAM).  NAM argues that the rule exceeds the Board’s statutory jurisdiction and authority.  The Coalition for a Democratic Workplace – of which AGC is a member – joined NAM’s lawsuit on September 26.  A hearing on motions for summary judgment is scheduled for December 19 in the U.S. District Court for the District of Columbia.  The court could issue a decision on the motions before the new implementation date of the rule.

For more information on the rule and the poster, read the AGC articles published here and here.

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