Human Resource & Labor News
www.agc.orgAugust 11, 2014 / Issue No. 4-2014
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On the Inside
Federal Contracting
AGC Submits Comments on Proposed Minimum Wage for Federal Contractors
New Executive Order Requires Federal Contractors to Disclose Labor Law Violations, Give Workers Pay Information, and Limit Arbitration
New Executive Order Prohibits Sexual Orientation and Gender Identity Discrimination by Federal and Federally Assisted Contractors
AGC Provides OFCCP with Construction Industry Overview
OFCCP Proposes Rule for New Equal Pay Report
OFCCP Issues FAQs on Employer-Employee Relationships
Wages & Benefits
Affordable Care Act Affordability Percentage Increases for 2015; Draft Employer Reporting Forms Released
Affordable Care Act Questions Answered During AGC Webinar
Agencies Clarify Confusing “Trial Period” Exemption under the Affordable Care Act
Collective Bargaining So Far This Year Yields Average First-Year Increase of 2.2%
HR Education
McCarthy Building Companies to Share Effective Change Management Strategies at AGC HR & Training Conference
Labor Law
Supreme Court Agrees with AGC-Supported Coalition: 2012 Recess Appointments to NLRB Unconstitutional
AGC Tells NLRB to Keep “Joint Employer” Standard As-Is
OFCCP Issues FAQs on Employer-Employee Relationships
 

On August 5, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued new Frequently Asked Questions (FAQs) addressing how federal contractors should assess their employment relationships to distinguish “employees” from “independent contractors” or other non-employee workers. The FAQs describe what are commonly referred to as the “Darden” factors, derived from the 1992 Supreme Court decision in Nationwide Mutual Insurance Co. v. Darden, and provide examples illustrating their application in determining which workers are employees.

The FAQs stem from questions asked of OFCCP by contractors regarding the definition of “employee” following the release of final rules that impact the affirmative-action obligations of direct federal contractors and subcontractor with regard to Veterans and individuals with disabilities. For more information on the Veterans regulations, click here. For more information on the regulations regarding individuals with disabilities, click here. AGC members may also find additional information on OFCCP and the laws it is responsible for enforcing on AGC’s Labor & HR Topical Resources webpage. The primary category is “EEO” and the secondary category is “Affirmative Action/EEO.”


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