Construction-industry collective bargaining negotiations completed in 2021 resulted in an average first-year increase in wages and fringe benefits of 3.0 percent or $1.74, according to the annual year-end Settlements Report recently released by the 澳门六合彩开奖预测-supported Construction Labor Research Council (CLRC). These results are essentially the same as reported in 2019, when the first-year increase was 3.0 percent or $1.73. Last year鈥檚 slight drop in the size of negotiated first-year increases 鈥 measuring at 2.9 percent or $1.66 鈥 was the first dip seen in a decade.
The federal contractor vaccination mandate remains on hold since the December 17, 2021, decision by the U.S. Court of Appeals for the Eleventh Circuit to maintain a nationwide stay (or freeze) of the mandate until鈥攑otentially鈥攁s late as April 2022. During the week of January 10, 2022, 澳门六合彩开奖预测 engaged in direct discussions with major construction federal agencies and key regulators. Guidance has been issued on ensuring federal compliance with court orders and injunctions, meaning that contractors should expect no federal action to enforce the contract clause implementing the requirement that federal contractors and subcontractors be vaccinated.
澳门六合彩开奖预测, in conjunction with the Coalition for a Democratic Workplace (CDW) and four fellow CDW-member trade associations, submitted an amicus brief with the National Labor Relations Board in a case that could result in broader remedies for unlawfully discharged employees. The Board invited briefs in the Thryv, Inc. case to weigh in on whether the Board should expand its traditional 鈥渕ake-whole鈥 remedy for employees who are discharged, laid off, or otherwise discriminated against by an employer鈥檚 unfair labor practice. Specifically, the Board is considering allowing employees to receive awards of 鈥渃onsequential damages鈥 in addition to traditional awards of lost earnings and benefits.
In response to the ongoing Omicron wave of COVID-19 cases, the Centers for Disease Control and Prevention (CDC) recently updated its guidance to reduce, in most instances, both the length of time an individual must isolate after contracting COVID-19, and the quarantine period for those exposed to the illness. While it may be a good sign the CDC believes shorter periods are appropriate due to the prevalence of milder Omicron cases, this new guidance doesn鈥檛 come without complexities. The December 27, 2021, guidance not only abruptly changes rules many employers had in place for several months, it also leads to questions about which guidance employers should now follow given the status of OSHA鈥檚 Emergency Temporary Standard (ETS). This article offers employers a practical, five-step compliance plan in light of this latest curveball.
A December 17 decision by the U.S. Court of Appeals for the Eleventh Circuit will effectively maintain a Georgia federal district court鈥檚 nationwide stay of the federal contractor vaccine mandate until at least January 24, 2022. The Eleventh Circuit denied a Biden Administration request to immediately remove the nationwide stay and instead requested that the parties to the lawsuit fully brief their arguments on the stay by January 24. The argument here does not go to the merits of the mandate, but instead as to whether the existing freeze of the mandate should be maintained or not. As such, litigation is far from over in this particular case and those throughout the country, including by 澳门六合彩开奖预测 in a federal court in Texas.
It is also important to note that regardless of any decision issued by the courts, OSHA will still proceed with the rulemaking process to issue a COVID-19 vaccination-or-testing permanent standard. Under current law, an emergency temporary standard remains in effect for six months and serves as a proposed rule for the proceeding. After such time, OSHA will determine if the standard should be made a permanent rule. As is the case with the litigation process, 澳门六合彩开奖预测 is actively engaged in the rulemaking process and will submit comments highlighting the relevant differences between the construction and the other industries that the ETS covers.
On December 17, the U.S. Court of Appeals for the Sixth Circuit removed the stay on the OSHA COVID-19 vaccine-or-testing emergency temporary standard (ETS). The court鈥檚 decision to remove the stay has been appealed to the Supreme Court. The litigation of the ETS is far from over and 澳门六合彩开奖预测 remains engaged, having filed its Construction Advocacy Fund-backed lawsuit in November.
Joins DOL & NLRB in Interagency Initiative to End Retaliation