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230 N. Washington Sq.
Suite 202
Lansing, MI 48933
Phone: (517) 853-2545
Fax: (517) 853-2546
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Federal Government Shutdown: What ABC Members Need to Know
For legal guidance on the shutdown, ABC's General Counsel Littler Mendelson, has provided this memorandum.
ABC members, especially federal contractors, may notice significant temporary impacts because of the federal government shutdown. Contingency plans for all federal government agencies may be found here. That page will be continually updated. Below are updates on how several important agencies will handle the shutdown.
E-VERIFY: The E-Verify program has ceased to be operational during the shutdown. The Department of Homeland Security and USCIS have stated that they will be providing guidance to employers attempting to use E-Verify on the E-Verify website. There is an existing Memorandum of Understanding regarding an E-Verify shutdown which says "If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability." (See Article II C (II) of the MOU). Bottom line: Contractors attempting to use e-verify should go to the E-Verify website where guidance is posted: www.dhs.gov/e-verify.
Additional immigration related information can be found here.
WAGE & HOUR DIVISION: DOL's Wage & Hour Division will cease operations for the entirety of the shutdown. All Wage & Hour laws will remain in place and must be adhered to. However, most inquiries and requests of WHD will be held in abeyance until the government re-opens.
NLRB: The NLRB has posted its shutdown plan here. It states that "[i]n the event of an appropriations hiatus, it is the policy of the NLRB to: A. Commence the orderly and expeditious shutting down of all but emergency NLRB functions by securing files, property, and office facilities.B. Ensure that the NLRB meets its responsibilities to the parties in current unfair labor practice and election case proceedings consistent with the Anti-Deficiency Act. C. Ensure that NLRB employees are fully informed as to the reasons for the shutdown; and that payroll and other employee benefit responsibilities are met. D. Ensure that the NLRB retains the ability to respond to unfair labor practice incidents that might result in irreparable harm to the private sector economy." Of the 1,611 employees at the NLRB, 1600 are deemed "non-essential" and will be furloughed.
OSHA: OSHA has furloughed the vast majority of its inspectors as a result of the shutdown. According to an agency memo, OSHA is only "authorized to continue functions in advance of appropriations on matters 'of emergencies involving the safety of human life or protection of property.'" In addition, an alert on their website notifies visitors that "Due to suspension of Federal government services, this website is not being regularly monitored. If you need to report a workplace fatality, hospitalizations, or an imminent danger situation please contact our toll free number immediately: 1-800-321-OSHA (6742); TTY 1-877-889-5627."
REGISTERED APPRENTICE PROGRAMS: Construction apprenticeship students, sponsor organizations and employers of apprentices could face delays and increased risk of wage and hour violations as a result of the government shutdown. In a Training and Employment Notice issued by the Department of Labor (DOL) on Sept. 30, Acting Assistant Secretary Eric Seleznow laid out the implications of a shutdown for the 25 states where the DOL's Office of Apprenticeship (OA) is the Registering Agency. Read more at www.workforceunderconstruction.com.
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Call for Entries: 2013 National Excellence in Construction Awards
Be named one of the best merit shop projects of 2013! ABC's 2013 National Excellence in Construction awards are now accepting applications. Projects that win an eagle or pyramid (or equivalent) at your chapter's most recent competition are eligible to enter the national awards program. If your chapter does not hold such a competition, please contact EIC@abc.org to learn if your project is eligible.
Projects must be registered online by Friday, Nov. 1 in order to compete. If your chapter is announcing chapter winners after November 1, please email EIC@abc.org.
2013 TIMELINE October 15, 2013 - Deadline for project completion November 1, 2013 - Deadline to register the project online November 18, 2013 - Deadline for binders to be shipped to ABC National. Mid-December - Winners will be notified. Entrants should add EIC@abc.org to their list of safe senders to be sure to receive notification. February 11, 2014 - EIC Banquet, Maui, Hawaii
Further details on the Excellence in Construction program and entry requirements can be found here.
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You're Invited: A Conversation on Jobs with Governor Snyder
Governor Rick Snyder will host a townhall event on the importance of skilled trades, craft training and vocational education today (Thursday, October 10) at 7:15pm in Farmington Hills.
You are invited to discuss how skilled trades education requirements and continuing education makes an impact on Michigan's continuing goal to become more competitive in the changing 21st-Century jobs market.
Event doors open at 6:30pm and will close at 7:00pm. Note: Pre-registration is required to attend.
Event details:
When: Thursday, October 10, 7:15pm
(Doors open at 6:30, close at 7)
Where: OCC Orchard Ridge in Farmington Hills
27055 Orchard Lake Rd.
Orchard Ridge Campus, Room J306
Farmington Hills, MI 48334
Register to attend the event here.
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New ABC of Michigan Staff Member
ABC of Michigan has hired a new Grassroots and Communications Coordinator. Elise Layton will be assisting with communications efforts, managing ABC of Michigan's website and social media, and acting as the committee liaison to the Government Affairs and PAC committees.
"Elise is a tremendous asset to ABC of Michigan and a true-believer in the free enterprise philosophy of the Merit Shop," said Chris Fisher, ABC of Michigan President and CEO. "I am very excited to be working to support Merit Shop builders and contractors through ABC of Michigan. I look forward to helping communicate in Lansing and throughout the state that ABC members continue to build Michigan and make this state a great place to live," said Elise.
Prior to coming to ABC, Elise worked for US Rep. Tim Walberg as a constituent relations specialist. She also previously worked in the DC area handling Lobbyist Certification Program content, and writing for Association TRENDS newsletter. A Michigan native, Elise is a graduate of Hillsdale College and lives in Battle Creek with her husband, Andrew.
Email Elise at layton@abcmi.com or give her a call at (517) 853-2545.
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House Passes Bill Requiring Drug Tests for Unemployment Benefits
A new pilot program would deny unemployment benefits to individuals for failing or refusing to take a drug test as part of an application process under a bill approved September 26 by the Michigan House of Representatives.
House Bill 4952, sponsored by state Rep. Ken Goike, would treat a positive drug test or refusal to take a drug test without good cause as a refusal of suitable employment, which disqualifies an individual from receiving unemployment benefits. The measure is not a blanket drug testing program and will only apply to employers who require a drug test at the completion of the interview process. After one year the Legislature will have to revisit the issue and decide whether to reauthorize the program.
"It's simple: if you aren't willing and able to accept work, you aren't qualified for unemployment benefits under the law," said Goike, R-Ray Township. "Failing a drug test as a condition of employment would mean an individual is not able to accept suitable employment. Individuals need to be responsible for their actions, especially if they are looking for work."
Goike introduced the bill after hearing from a business in his district that had to turn away over 50 job applicants who failed drug tests as part of the pre-employment process, but remained eligible to claim unemployment benefits.
"These benefits are meant to help people in their time of need, not to support individuals who are unwilling to look for work," Goike said. "By making individuals take responsibility for their actions, we are also able to save employers money, which will help them create jobs and pay better wages to the workers they currently have."
HB 4952 now goes to the Senate for consideration.
Further details about HB 4952 are available here.
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Associated Builders and Contractors of Michigan is a statewide trade association, working in partnership with three local chapters, dedicated to providing Michigan with high-quality, affordable, safe and on-time construction. ABC of Michigan is an equal opportunity organization that opposes all discrimination in the construction industry including discrimination based on union affiliation. A leading construction industry voice with state government, ABC provides many member services including legislative advocacy, networking opportunities, member benefits, legal updates, business development and educational opportunities. |
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