There is no doubt that the economy is affecting the construction industry across the board. From highway infrastructure to building, construction companies across the country are feeling the pinch of the recession, so much so that many are seriously considering cut-backs and layoffs.  Caterpillar, Inc., the world's leading maker of heavy equipment used in construction, recently announced job cuts that will ultimately terminate nearly 20,000 positions.  Depending on each company's financial situation, layoffs for some are inevitable, but for many companies there are several ways that employers can cut costs to put off or avoid lay-offs.

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This week, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA).  Totaling nearly $790 billion, the stimulus package will have a significant impact on the way employers administer the Consolidated Omnibus Budget Reconciliation Act (COBRA), while also implementing a few mandates relative to executive compensation, payroll administration and the recruitment of H-1B visa recipients. 

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The Lilly Ledbetter Fair Pay Act, which extends the time period allowed for employees to seek compensation for unequal pay practices was signed into law by President Barack Obama on January 29, 2009.  The act is retroactive to May 28, 2007, and applies to all claims of pay discrimination on or after that date.

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On February 6, Pres. Obama issued an executive order revoking an executive order issued by Pres. George W. Bush that largely prohibited federal agencies from imposing a project labor agreement on federal and federally assisted construction projects.  The new order encourages agencies to consider imposing a project labor agreement but fall short of requiring agencies to do so.

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The U.S. Department of Labor (DOL) has issued a final rule eliminating the requirement that contractors covered by the Davis-Bacon and Related Acts include employees' home addresses and Social Security numbers (SSNs) on weekly certified payroll records submitted to contracting agencies or DOL's Wage and Hour Division.  DOL issued the rule "to better protect the personal privacy of laborers and mechanics employed on covered construction projects." 

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The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) has decided to delay the requirement for employers to use a new Form I-9 from February 2, 2009 to at least April 3, 2009.  An official announcement is expected to be published in the Federal Register on Friday, February 6.

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