HOUSE APPROVES TWO BILLS THAT WILL TRIGGER FRIVOLOUS LAWSUITS: The U.S. House of Representatives Jan. 9 passed two pieces of legislation addressing pay discrimination that will lead to frivolous lawsuits. The Lilly Ledbetter Fair Pay Act (H.R. 11), which passed by a vote of 247-171, establishes a six-month statute of limitations for individuals to sue their employers for pay discrimination. The Paycheck Fairness Act (H.R. 12), which passed by a vote of 256-163, expands the punitive and compensatory damages available for violations of the Equal Pay Act.  Under the Lilly Ledbetter Fair Pay Act, the six-month period dates from the time the employee receives their last paycheck, effectively resetting the clock on the statute of limitations with each paycheck.  Previously, the six-month period dated from the time the individual was first paid the employer.

“ABC members across the country strongly oppose unlawful discrimination of any kind,” ABC stated in a letter sent before the vote to members of the U.S. House of Representatives expressing opposition to both bills. “The consequences of H.R. 11 are massive and would result in countless claims being filed based on alleged acts that could have occurred decades ago, well after memories have faded, documents and witnesses have disappeared and businesses have changed hands or no longer exist.

“Protections already exist to ensure that plaintiffs have additional time to file a claim,” the letter continues. “This current system protects all parties involved by encouraging employees to quickly file a claim and creating an opportunity where employers can immediately remedy a situation when an act of discrimination has occurred, while also providing the courts with a vehicle to extend the time to file a claim.”  “H.R. 12 includes changes to the EPA that would make it easier to file large class actions against employers and to make it more difficult for employers to justify legitimate pay disparities,” the letter continued.  “It would also force the Labor Department to return to debunked statistical models and inaccurate survey tools in an effort to enforce civil rights laws among federal contractors.”  

E-VERIFY FEDERAL CONTRACTOR RULE SUSPENDED UNTIL AT LEAST FEBRUARY 20: The U.S. Department of Justice (DOJ) has agreed to suspend implementation of a new rule mandating that federal contractors use the Employment Eligibility Verification (E-Verify) system for verification of all new and many existing employees.  DOJ’s decision came as a result of a legal challenge that was brought by Associated Builders and Contractors (ABC), the U. S. Chamber of Commerce, the Society for Human Resources Management and several other employer associations.  The rule had been scheduled to go into effect January 15, 2009, but has now been pushed back to February 20, 2009.  It is possible that the February 20 deadline may be extended.

ON-CALL PAY UPDATE:On January 6, 2009, the U.S. Department of Labor (DOL) released an opinion letter providing further advice and direction to employers on when employees must be paid for being on-call.  In the DOL opinion letter, the employer inquired whether on-call periods are compensable if employees are required to be “immediately reachable,” to refrain from using alcohol or “other substances,” and report to work within an hour if the employer requests them to report for work.  The employer also represented that “it is rare” for employees assigned to on-call status to actually be called to report for work.  As a consequence, the DOL opinion letter concluded that the requirements set forth “are not so restrictive” as to convert the normally unpaid on-call time into “hours worked” under the FLSA.  Significantly, the DOL opinion letter also concluded that any discipline enforced by the employer against employees who fail to follow the on-call restrictions would need to be “resolved privately” because the FLSA does not generally “regulate work schedules and work assignments.”  It is generally the case that if employees are free to use on-call time for personal activities, the time spent on-call is normally not considered compensable time under the FLSA.  However, Nebraska construction industry employers should review their on-call restrictions to be sure that the restrictions are not so strict as to convert the on-call time into compensable time under the FLSA.

                                                                                                           By Bill Harding, Chapter Attorney

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Training Classes

Management & Safety Class Schedule

First Aid/CPR Classes

$50.00 each attendee – Member Price/$60.00 each attendee – Non-Member

Recertification only - $40.00 each attendee – Member Price/$50.00 each attendee – Non-Member Price

¨  January 27, 2009 – 1:00 – 5:00 p.m. – LINCOLN

¨  January 29, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  February 11, 2009 – 1:00 – 5:00 p.m. – LINCOLN

¨  February 12, 2009 – 1:00 – 5:00 p.m. – OMAHA

¨  February 25, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  February 26, 2009 – 7:00 – 11:00 a.m. - LINCOLN 

OSHA 10 Hour Class

OSHA requires a competent person on all job sites.  This course ensures that your people have the necessary training to comply with OSHA standards CFR 1926.32(f) for a competent person. Training includes OSHA Construction Standards CFR 29 1926, Scaffolds, Ladders and Stairways, Housekeeping, Personal Tools, Electrical Hazards, Fall Protection, Materials Handling, Hazardous Communications and much more!

**CFR 192 OSHA Regulations Book for the Construction Industry with new steel erection standards will be available for $25.00** each for class participants.

$135.00 each attendee – Member Price/$240.00 each attendee – Non-Member Price

¨  January 27, 2009 – 7:00 a.m. – 5:30 p.m. – LINCOLN

¨  January 28, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA

¨  February 12, 2009 -  7:00 a.m. – 5:30 p.m. – LINCOLN

¨  February 20, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA

¨  February 24, 2009 -  7:00 a.m. – 5:30 p.m. – LINCOLN

Focus Four Safety Training:

For employees who are starting to work in the industry or the seasoned employee who may need a refresher course in the four focused areas that cause the most injuries and deaths in construction.  The course will cover the 4 subparts of the CFR1926 standard – falls, electrical, struck by and caught-in-between.

$90.00 each attendee – Member Price/$125.00 each attendee – Non-Member Price

¨  January 22, 2009 – 1:00 – 5:00 p.m.- LINCOLN

¨  January 29, 2009 – 1:00 – 5:00 p.m.- OMAHA

30 Hour OSHA Class

Federal Law requires each company have a designated trained safety coordinator.  This will give your foremen, supervisors, safety directors or safety coordinators the expertise to comply with all OSHA and State requirements.  This is an in-depth look at CFR 1926 and 1920 and NE 757 as they affect construction. Price includes study materials

$395.00 each attendee – Member Price / $595.00 each attendee –Non-Member price.

¨  February 4, 11, 18, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA

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Omaha Classes are held at the Education Center, 2602 Harney Street, Omaha

Lincoln Classes are held at the Training Center, 830 Westgate Blvd., Lincoln

PLEASE DUPLICATE THIS FORM FOR MULTIPLE CLASSESCompany:                                         Address:                                Phone:                                   Fax:               

Names (please print):                                                                       Class/Date:                            Cost:              

                                                                                                          Class/Date:                            Cost:              

                                                                                                           Class/Date:                            Cost:              

Return Registration Form and Check Payable to Associated Builders & Contractors

830 Westgate Blvd., Lincoln, NE  68528    FAX 402-477-4522

Email-debh@abcnebraska.org