Blogs

SCOTUS Declines to Hear ADEA Decision on Appeal

By Hilary Atkins posted 8 days ago
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The United States Supreme Court opened its fall 2019 term by declining to review a lower court decision involving the Age Discrimination Employment Act (ADEA). The Court left intact a 7 th Circuit Court of Appeals ruling that the ADEA does not apply to job applicants who allege discriminatory practices in hiring based upon age. According to the 7 th Circuit, the ADEA protects employees, but not applicants, age 40 and older from age discrimination through policies that have an adverse or disparate impact on them. The 7 th Circuit had ruled that requiring external job applicants to have more than a certain number of years experience was not, therefore, age ...
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Employee Releases for Employer Social Media Posts

By Hilary Atkins posted 18 days ago
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A member asked us: ​​Good afternoon, I’m looking for a written policy regarding taking pictures of employees for the purpose of posting them on our company's social media accounts and ensuring the company has no financial liability? Hilary Atkins, ACCA’s General Counsel, responds: During your onboarding process you can have them sign a photo release form to use which also says something along the following lines: "I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other Company ...
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How to Handle Employees and I-9s

By Hilary Atkins posted 18 days ago
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A member asked us: ​​I'm interested in hearing how I should handle employees NOT coming to work their first day with form(s) of ID for I-9 documentation.  Do you continue to follow up with them and allow them to work? Do you send them home? Hilary Atkins, ACCA’s General Counsel, responds: Employers must complete and sign Section 2 of Form I-9 , Employment Eligibility Verification, within 3  business days of  the date of hire of their employee (the hire date means the first day  of work for pay.) You might start by sending a "welcome" email out to all of your new hires several days before their first day. You can let them know what to expect and ...
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Employee Discussions of Salaries and Compensation

By Hilary Atkins posted 18 days ago
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A member asked us: Our President wants to terminate this employee. I have advised him not to, given the circumstances. Curious as to what your thoughts are on the situation. The facts are: - The employee has worked here for a few months, and was hired at the top end of our compensation range - All other employees in this department found out what rate we were paying this person, which stirred up a lot of drama within the department - Our President was disappointed by this (I did advise him it is perfectly legal for employees to discuss rates), but nevertheless he wanted to have a conversation with him to find out if he shared his rate with people, and ...
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ACCA Legislative Priority Gets Legs in Senate

By Alyx Simon posted 21 days ago
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This week Senate Finance Committee Chairman Chuck Grassley (R-IA) said he remains optimistic about addressing one of ACCA’s legislative priorities – renewing all expired or expiring tax extenders. According to a press statement, he said, “I would expect that as of right now, if there’s an extenders package, that there won’t be anything left out.” While this is positive news, there are still hurdles to clear as we have a divided Congress. The tax extender provisions are generally bipartisan, but these types of initiatives can get muddled quickly as members of Congress try to insert some of their own priorities. In this case, a big hurdle remains the Death ...
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Contractors Beware: Refrigerant Tank Color Update

By Todd Washam posted 23 days ago
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The Air-Conditioning, Heating, and Refrigeration Institute (AHRI), the association of HVACR manufacturers,  is  updat ing  refrigerant container color protocols in January 2020.    Previous guidance from AHRI stipulated that specific colors would be used for refrigerant containers to help with identification. However, there are numerous refrigerants in the market ,  and  there was concern about the potential misidentification of similarly colored containers. According to AHRI, more than half of respondents to an AHRI survey of refrigerant users found that container colors caused confusion.    AHRI’s new guidance states that all containers will ...
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Overtime Rule Raises Annual Threshold to $35,568

By Alyx Simon posted 24 days ago
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The U.S. Department of Labor (DOL) issued a final rule this week that will raise the overtime salary limit from $455 per week to $684 per week – the equivalent of $35,568 per year for full-time workers. This rule will go into effect January 1, 2020. Any professional, administrative, and executive level employees earning less than $35,568 per year would be due time and a half if they work more than 40 hours per week. According to DOL, this would impact 1.3 million American workers. The final overtime rule is a win for ACCA members and our advocacy efforts. ACCA opposed the 2016 Obama-era rule that would have raised the threshold to $47,476 per year, which ...
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ACCA Travels to New Jersey to Meet with Representative Frank Pallone, Jr.

By Alyx Simon posted 09-12-2019
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On August 21 st , ACCA traveled to Asbury Park, New Jersey to meet with Representative Frank Pallone, Jr. in his home state. President and CEO of Meyer and Depew Co Inc and past ACCA Chairman (2013-2014) Bobby Ring joined Alyx Simon, ACCA’s Government Relations Representative, at a special event hosted by Rep. Pallone in his congressional district. As the Chairman of the House Energy and Commerce Committee, Rep. Pallone will be overseeing the upcoming HFC phasedown legislation. HFC refrigerants, such as 410A, have high global warming potential and and contribute to climate change when they are vented into the atmosphere. As HFC’s are phased out, mildly flammable ...
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ACCA Pushes for Expanding 529 Savings Plans to Include the Industry Certifications

By Alyx Simon posted 09-05-2019
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S. 379, sponsored by Senator Amy Klobuchar, would allow 529 savings plans to be expanded to, “recognized postsecondary credentials”. This would include credentials consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, or a license recognized by the state involved or federal government. ACCA recognizes the ongoing costs required to maintain a highly certified workforce. The ability to use 529 savings plans to pay for certifications and apprenticeships would help address some of the workforce challenges our industry faces. It would encourage workers to continually advance in their careers by attending ...
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Providing Written Warning for Poor Performance

By Hilary Atkins posted 09-02-2019
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A member asked us: Do I have to provide an employee with written documentation regarding poor performance before firing them for poor performance or are verbal warnings okay? I am concerned that it will be easier for the employee to collect unemployment (hence my unemployment insurance premiums will go up) because the employee will claim we did not warn them about poor performance. Adams & Reese’s Brooke Duncan responds: This is a great question because many employers resign themselves to their former employees collecting unemployment benefits, no matter the circumstances under which they leave, and indeed a company’s premiums do fluctuate with the claims ...
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Benefits Considered Prevailing Wages Under the Davis-Bacon Act

By Hilary Atkins posted 09-02-2019
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A member asked us: How are fringe benefits treated in computing "prevailing wages" under the Davis-Bacon Act? Adams & Reese’s Brooke Duncan responds: Under the Davis-Bacon Act, enforced by the U.S. Department of Labor (DOL), certain federally financed construction projects require employers to pay "prevailing wages"--supposedly the actual prevailing wage and benefits for a particular craft in a particular area but in reality more generally the local union scale. Under the DOL’s regulations, "prevailing wages" includes most fringe benefits that employers provide; not included are compulsory fringes such as workers compensation and unemployment insurance. ...
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Paying Employees for Unused Holidays and Vacation Time

By Hilary Atkins posted 09-02-2019
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Do I Have to Pay an Employee I Fired for Unused Vacation Time and Holidays Not Taken? A member asked us: Does vacation time have to be paid to a terminated employee? Or can that time be revoked by the employer? Do you also have to pay for all the holidays that they miss also? Adams & Reese’s Brooke Duncan responds: The best practice for employers is to have a written, published policy which makes clear that vacation time does not accrue and is not to be paid out at termination. In some states, unused vacation time is treated as an accrued benefit that has to be paid when an employee leaves an employer. In other states, vacation is not considered ...
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ACCA Wins Reprieve for ENERGY STAR Verified HVAC Installation Program

By Sean Robertson posted 08-26-2019
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Even the most efficient HVAC equipment can lose 30% of its efficiency right out of the box if improperly installed, as 50-70% of systems are. That’s why EPA created the ENERGY STAR Verified HVAC Installation (ESVI) Program . Quality Assured contractors have the unique marketing advantage of being able to apply for ESVI certificates on retrofits that adhere to ACCA’s QI 5 Standard . There’s no additional cost to submit a project for an ESVI certificate, but few have applied. Is it any wonder that ACCA recently learned that EPA planned to discontinue the ESVI program!     ACCA leapt into action and won a reprieve! But now we need your help to ensure ...
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Differing Outcomes Between "New Era" and "Traditional Vocational" CTE Concentrators

By Alyx Simon posted 08-26-2019
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In a recent study,  The Evolution of Career and Technical Education: 1982-2013 , researcher Nat Malkus observes trends in 30 years of secondary Career and Technical Education (CTE) course taking and describes differing student outcomes between  “New Era” and “Traditional Vocational” CTE concentrators. Malkus defines “New Era” CTE as courses in engineering, computer science, communications, health care and hospitality, and “Traditional Vocational” CTE as courses in manufacturing, public service, construction, agriculture, human services and transportation. In order to observe these trends, Malkus examined data from the National Center for Education Statistics, ...
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Tariff and Trade Agreements – August 2019 Update

By Todd Washam posted 08-26-2019
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If you’ve been following the tariff and trade issues between the U.S. and China, or the U.S., Canada, Mexico Free Trade Agreement, you know that these disputes have had a big impact on the HVACR industry.  According to ACCA members that were surveyed, the tariffs have increased HVACR equipment costs by as much as 20 percent. Thankfully, despite these increased costs, ACCA members are still having a strong summer, and the industry has not slowed down.  However, as of September 1, 2019, there will be more tariffs, unless, there is a remarkable change in the current negotiations between the U.S. and China. President Trump announced via Twitter , the U.S. ...
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Maternity/Paternity Leave

By Hilary Atkins posted 08-21-2019
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A member asked us: We currently allow our employees to use their PTO and then FMLA. We are considering offering a separate Maternity/Paternity Leave Benefit. What do other companies offer? How many days/weeks? Is it paid/unpaid? Hilary Atkins, ACCA’s General Counsel, responds: When you said that you allow employees to use PTO "and then FMLA" did you mean that they can have more time off than FMLA allows if they have the PTO to cover it? That's not a great scenario since the PTO for childbirth/bonding with child is actually also covered under FMLA. Regardless of whether an employee has specifically asked for FMLA, the FMLA rights are going to apply (if the ...
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Looking for a Record Retention Policy

By Hilary Atkins posted 08-21-2019
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A member asked us: Help! I’m drowning in emails, paper, etc. and trying to decide what to keep and what to toss. What should I do with the mountains of dead trees in my office? Hilary Atkins, ACCA’s General Counsel, responds: We feel your pain and are often plagued by the same issues: Record-keeping requirements can be confusing in that there are a variety of regulations that govern some aspect of employer record-keeping and retention. You should also know that not only do various federal agencies have their own record-keeping requirements, but individual state and local statutes and regulations are often in play as well. Some of the provisions apply to most ...
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IRS Reminds Taxpayers: Your Tax Preparer Must Follow Best Practices

By Todd Washam posted 08-21-2019
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For anyone who has been to ACCA’s annual conference or fall contracting meetings, you know that safety is always a priority. At many of these events, ACCA’s Platinum Safety Partner, Federated Insurance has hosted educational programs to help contractors operate safely online. For anyone who has been to ACCA’s annual conference or fall contracting meetings, you know that safety is always a priority. At many of these events, ACCA’s Platinum Safety Partner, Federated Insurance has hosted educational programs to help contractors operate safely online.  According to some estimates, tax-related identity theft costs taxpayers $5,200,000,000 annually! Given the recent ...
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ACCA Continues to Push for Section 179D Extension

By Alyx Simon posted 08-20-2019
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Section 179D , a tax extender provision of the Internal Revenue Code, permits a tax deduction of $1.80 per square foot to owners of new or existing buildings who install (1) interior lighting; (2) building envelope, or (3) HVACR systems that reduce the building’s total energy and power cost by 50% or more in comparison to a building meeting minimum requirement set by ASHRAE standard 90.1-2001 or 90.1-2007. With the assistance of the Section 179D tax deduction, building owners have been able to leverage billions of dollars in private capital to introduce energy efficient enhancements in commercial and larger multifamily buildings. These enhancements have created ...
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R-22 Availability - Smooth Transition Forecast

By Todd Washam posted 08-19-2019
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Beginning January 1, 2020, the production and import of R22 will end. However, stockpiled and reclaimed/recycled R22 will still be legal to use. R22 is being phased out because it is an ozone depleting substance (ODS). The U.S. is a signatory to the Montreal Protocol which phased out ODS, thus the U.S. is required to abide by these phaseouts. Many contractors are concerned about misinformation about R22 availability. In ACCA’s research and in working with refrigerant manufacturers and reclaimers, ACCA believes there will be enough stockpiled and reclaimed R22 to allow for a smooth HCFC (R22) transition. Do we know how much R22 is and will be available? ...
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