The NLRB is expected to issue another pro-union decision
in a case called
Browning-Ferris
, potentially changing the
standard for “joint employers” in construction and many
other industries. The decision, originally expected in 2014,
is likely to be issued in 2015. Meanwhile, the General
Counsel of the NLRB recently issued an unfair labor practice
complaint against McDonald’s Corporation, based on a joint
employer theory between the company and its franchisees
that appears to presage more pro-union rulings ahead.
The NLRB and the U.S. Department of Labor are also
considering a number of anti-business rulings, including
changes to what is permitted in employee handbooks,
likely new rules disqualifying government contractors for
past labor law violations, and planned changes to overtime
exemption rules.
NEW LOCAL LAWS IMPOSE MORE
BURDENS ON CONSTRUCTION EMPLOYERS
The District of Columbia recently enacted the “Wage Theft
Prevention Act”, which went into effect on February 26,
2015. Under this law, DC employers are required for the first
time to give each of their employees individual notices of
the employer’s name and contact information, rates and
methods of payment, deductions and allowance, overtime
rates or exemptions, prevailing wage or living wage rates,
and more. The new law imposes very heavy penalties for
failure to comply and creates a private right of action
by which employees can sue to recover money against
employers who fail to meet the notice requirements.
The District’s 2014 amendments to the “Paid Sick and
Safe Leave Act” have also recently taken effect. Under the
previously existing law, employees who spend a majority of
their time working in the District were entitled to up to seven
days paid sick and safe leave (depending on employer size).
That part of the law remains unchanged, but the amendments
have removed the previous requirement that employees
work 1,000 hours or 12 months to establish their eligibility
for paid sick and safe leave. Under the new law, which is now
in effect, employees working in DC begin to accrue paid sick
and safe leave immediately upon starting work, and they
become eligible to start taking their newly-accrued leave
after 90 days of employment. In another important change,
employees will now be entitled to sue their employers for
failure to grant paid sick and safe leave. These and other
changes in the law will increase the regulatory burden on
employers whose employees perform work in the District.
Finally, the District has joined Montgomery County, Prince
George’s County and Baltimore City governments in
enacting so-called “Ban the Box” laws, all within the last
year. Each of these new laws prohibits criminal background
checks and inquiries on employment applications. The
District and Baltimore now prohibit employers from
asking the questions prior to making a “conditional hiring
offer.” Montgomery and Prince George’s Counties prohibit
employers from asking criminal background questions until
after the employee is given an initial interview. There are
differences among the new laws regarding the types of
action notices employers are now required to give.
Construction industry employers throughout the Washington,
DC area need to learn more about these new laws, and come
into compliance with all of them, in order to avoid significant
new financial penalties. More information can be obtained
from abcmetrowashington.org or from littler.com.
n
Maury Baskin is a shareholder with Littler Mendelson, P.C. in Washington,
D.C., and general counsel to Associated Builders and Contractors. For more
information, call (202) 772-2526 or emai
24 Building Washington
LEGAL REVIEW
