(Sept. 2011) NLRB Finalizes ‘Employee Rights’ Poster Requirement
The National Labor Relations Board (NLRB) issued a final rule to require any employers subject to the National Labor Relations Act (NLRA), including employers in the construction industry, to display a poster in their workplace that contains a select list of employee rights under the NLRA.
ABC National has provided a supplemental notice that ABC members could post that informs employees of their right not to unionize as well. Click here for this supplemental notice; it is not a substitute for the NLRB notice -- it is an optional supplement to that notice.
A legal challenge to this requirement is currently being filed (the Coalition for a Democratic Workplace which ABC chairs will be filing suit along with other groups, and ABC will also likely file an amicus brief in the case). The earliest this requirement will go into effect is November 14 of this year. The notice required by the NLRB is available at: www.NLRB.gov/poster
New Information on Construction Workplace Misclassification Act (Independent Contractor)
On Feb. 10, 2011, the Construction Workplace Misclassification Act (Act 72) took effect. Misclassification of employees as independent contractors is illegal for all commercial and residential construction in Pennsylvania. The Pennsylvania Department of Labor & Industry enforces Act 72.
NLRB working to make changes that will impact open shops. Click here for more. This should not be confused with a similar, but different poster that currently IS required to be posted by all federal contractors performing work on contracts worth more than $100,000 and all federal subcontractors at any tier performing work worth more than $10,000 even if the prime contractor on the project is exempt from the requirement. Click here to view the poster.
The final regulations have been published for the Crane Licensing Law in Pennsylvania: click hereABC National reported that The Occupational Safety and Health Review Commission recently upheld the Occupational Safety and Health Administration’s (OSHA) multi-employer citation policy, which allows an inspector to cite an employer for an offense that does not expose its own workers to a hazard. For more information, call the Chapter office, 717.653.8106.
IRS Issues Draft Form to Claim Health Care Tax Credit
The Internal Revenue Service (IRS) released a draft version of the Form 8941 that businesses will use to calculate the small business health care tax credit when filing income taxes in 2011. The final version of the form will be available later this year. The tax credit is designed to help small businesses afford health insurance coverage for their employees. The credit is worth up to 35 percent of a business’ premium costs in 2010, and the amount increases to 50 percent of premium costs in 2014.
In order to qualify for the credit, an employer must have fewer than 25 full-time equivalent employees (FTE) for the tax year; cover at least 50 percent of its employees’ premium costs; and offer average annual wages of less than $50,000 per FTE.
For more information, visit the IRS website.