Human Resource & Labor News
www.agc.orgFebruary 6, 2014 / Issue No. 01-14
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On the Inside
Labor Law
NLRB Re-Proposes "Quickie Election" Rule
NLRB Abandons Notice-Posting Rule
Circuit Court Validates Class Action Waivers in Employment Arbitration Agreements
Wage-Hour Law
Supreme Court Clarifies Meaning of “Changing Clothes” Under The Fair Labor Standards Act
Federal Contracting
OFCCP’s Disability and Veterans Rules Effective March 24, Mandatory Self-ID Form Released
Recording of AGC’s Latest Davis-Bacon Webinar Series Now Available
Labor Department Provides Clarification on Application of Davis-Bacon to Survey Crews
Union Contracting
Updated Inventory of Construction-Industry Multiemployer Pension Plans Released as Advocacy Efforts for Reform Continue
Collective Bargaining in 2013 Yields Average 1st-Year Increase of 2.2 Percent
Construction Union Membership and Members’ Earnings Both Rise in 2013, While Nonunion Workers’ Earnings Decline
HR Practice
Save the Date: 2014 Construction HR and Training Professionals Conference Set for Oct. 15-17 in Phoenix, Arizona
Health FSA Rules Modified to Allow Carryover
Counting the Cost of Payroll Cards: Are They Worth It for Employers?
Construction Firms Plan to Hire in 2014, Worry About Worker Shortages
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NLRB Abandons Notice-Posting Rule
 

The battle over the National Labor Relations Board’s notice-posting rule has effectively ended by Board forfeit. The rule would have required most private-sector employers to post a designated notice informing employees of the right to unionize and of other rights under the National Labor Relations Act (NLRA). The Board issued the final regulation in August 2011 but put implementation on hold as a result of legal challenges. In separate cases decided in May and June of 2013, both brought by AGC-supported organizations, the U.S. Courts of Appeals for the DC and the Fourth Circuits struck down the rule on different grounds. On Jan. 2, 2014, the Board let the deadline for seeking Supreme Court review of those decisions to pass without action.

In a statement issued on Jan. 6, 2014, the Board said that it “will continue its national outreach program to educate the American public about the statute.” The Board has also reminded employers that they may voluntarily post the designated notice, which remains available on the agency’s website.

The Board could issue a new notice-posting rule, but this would require restarting the formal rulemaking process from scratch, and, so far, the Board has made no indication that it intends to do so. This stands in contrast with indications from the Board that it very well might revisit its other embattled rulemaking effort, the so-called “Quickie Election” Rule. Click here for an update about that rule.

AGC members are reminded that, while the Board’s notice-posting rule is now defunct, many federal contractors must still comply with similar rules issued by the U.S. Department of Labor and the FAR Council.

For more information, contact Associate General Counsel Denise Gold at goldd@agc.org or (703) 837-5326.


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