Does Your Construction Project Require Davis-Bacon Wages?

Contractors working on a construction project funded by the American Recovery and Reinvestment Act (or you have any hint that you are), you need to be aware of your responsibility to pay Davis-Bacon wages, commonly referred to as Prevailing Wages.

Section 1606 of the American Recovery and Reinvestment Act (ARRA) sets out the Davis-Bacon wage requirements:

"Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and sub contractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code."

The Department of Labor (DOL) has broadly interpreted Section 1606 (pdf) of American Recovery and Reinvestment Act (ARRA):
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A Digestible Overview of Health Care Reform for Employers

It has been about one month since the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 were signed into law, collectively and popularly referred to as "Health Care Reform". Needless to say, there are numerous employer mandates that are coming for employers and their employees.

An implementation timeline for the Health Care Reform Act prepared by Joan Disler, Michelle Capezza, and Gretchen Hardersthe of the Law firm Epstein Becker Green provides an excellent summary identifying some of the key provisions of the Act, as amended by the Reconciliation Bill.

In addition, important Fair Labor Standards Act (FLSA) implications are summarized here, and a summary of the Act's statutory provisions that may expose employers to claims, penalties and litigations can be viewed here.

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Bill to Delay Implementation of Lead Paint Rule Introduced in the House

House Bill HR 1577 to delay the implementation of the Lead Paint Certification rule from the Environmental Protection Agency in States until accreditation classes are held in the States for a period of at least 1 year was introduced on April 29th by Rep. Dennis Rehberg [R-MT]

This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. Committees are like "mini Congresses" The majority of bills and resolutions never make it out of committee.

The bill has been assigned to the House Committee on Energy and Commerce

The best advise that the NJECPAC can provide to contractors is to get certified. You can get certified through your local Trade Association, who is either sponsoring a Certification course, or can direct you where you can take the Certification course.

BUILDING INSPECTORS TO LOOK FOR OSHA VIOLATIONS

The Occupational Safety and Health Administration (OSHA) announced a new pilot program that will train building inspectors in 11 major cities across the country to look for safety violations on construction jobsites.

Secretary of Labor Hilda Solis sent letters to the mayors of the targeted cities proposing a partnership. If the mayors accept, building inspectors in those cities will be encouraged to look for safety violations on the worksites they are inspecting and then notify OSHA. Once notified, OSHA would send one of its own inspectors to the site.

OSHA is targeting at least one city in each of its 10 regions. The targeted cities are: Austin, Texas; Boise, Idaho; Cincinnati, Ohio; Concord, N.H; Greenwood Village, Colo.; Madison, Miss.; Atlanta, Ga.; Newark, N.J.; Oakland, Calif.; Washington, D.C.; and Wichita, Kan.

For more information on the pilot program, visit the OSHA website.

Senator Menendez Admits Majority Opposed Health Care Bill

Senator Menendez admits the majoritys opposition to the Health Care Bill was heard loud and clear, yet he voted for it anyway. Tell Senator Menendez that it is time for him to listen to and vote with the majority of his Constituents. Click Here to View Video

Click Here To Write to Senator Menendez and Voice Your Position on His Yes Vote to The Health Care Bill