Every specialty contractor has to deal with multiple prequalifications  and the demands this process places on time, resources and in many cases now, the hard cost associated with it, makes prequalification not only tedious, but expensive. ASA’s team has compiled three documents to assist the coordination between CGs and subs. They can be accessed for ASA members in the InfoHub under Resources.

• ASA Position Statement: A Fair and Reciprocal Framework for Construction Prequalification – Modernizing Prequalification to Reduce Risk, Protect Sensitive Subcontractor Data, and Increase Project Certainty Construction Prequalification\
• ASA MEMBER CHECKLIST – What to Ask Before Submitting a Prequalification 
• ASA POLICY BRIEF FOR GENERAL CONTRACTORS (“GCs”) Modernizing Prequalification to Reduce Risk, Protect Sensitive Subcontractor Data, and Increase Project Certainty

Background Check and Authorizations and Process

For employers that use third-party background checks, the legal risk often lies less in the substance of the report and more in the process employed to obtain and use it. The Fair Credit Reporting Act (FCRA) requires an employer to take specific steps before it may procure a consumer report for employment purposes and before it may take adverse action based on that report.

FCRA Disclosure, Authorization, and Timing Requirements for Employment Background Checks.

On the front end, the FCRA requires a “clear and conspicuous” written disclosure, in a stand-alone document, that a consumer report may be obtained for employment purposes. The FCRA also demands that the applicant or employee provide written authorization for such report. The disclosure and authorization should not be buried in the employment application. Lean, vetted forms are usually the safest course. Required disclosures should be provided, and authorizations obtained, before ordering a background check.

 Pre-Adverse and Adverse Action Process Under the FCRA.

The adverse action process poses further risk. If information in a background report may lead to an adverse decision—such as rescinding a conditional offer or declining to hire—the employer usually cannot move straight to the final decision. Generally, it must first provide the applicant or employee with a pre-adverse action notice, along with a copy of the report and a summary of FCRA rights. That step gives the applicant or employee a chance to review the report, flag possible inaccuracies, and provide context. Only after the employer has waited for the requisite amount of time and considered any applicant or employee response should it make a final decision. If the employer ultimately decides to take adverse action, it also generally must provide an adverse action notice to the applicant or employee.

Treasury Issues Guidance on Employer Tax Credit for Paid Family and Medical Leave

The U.S. Treasury Department (“Treasury”) and the Internal Revenue Service (IRS) have released Notice 2026-28 (the “Notice”), which provides guidance on the employer tax credit for paid family and medical leave under the One Big Beautiful Bill Act (OBBBA). Public comments are due by October 16.

There are two ways an employer may calculate the tax credit: (i) the traditional “wage method,” which is a percentage of actual wages not in excess of the threshold that are paid during an employee’s family and medical leave or (ii) the “premium method,” which is a percentage of the premiums paid for family and medical leave insurance coverage.

The Notice focuses primarily on implementation of the new “premium method,” under which an eligible employer that maintains a paid family and medical leave insurance policy may elect to calculate the credit by reference to premiums paid or incurred for that policy rather than wages actually paid to employees during qualifying leave. The Notice’s central substantive approach is to make the premium method dependent on the existing wage method: a premium is creditable only to the extent it funds a benefit for which a credit would have been available under the wage method if the benefit had been paid directly.

Taxpayers may rely on the Notice for taxable years beginning after December 31, 2025, and before proposed regulations are issued.

Regulatory Update: IRS Issues Overtime Guidance as OSHA Revises Warehouse Inspection Program

Two recent federal regulatory updates could have implications for employers and workers, particularly in industries with significant overtime activity and warehouse or distribution operations.

• IRS Updates “No Tax on Overtime” Guidance
  • On August 6, the Internal Revenue Service issued updated guidance addressing the federal “No Tax on Overtime” deduction. The new guidance is contained in Fact Sheet FS-2026-13, which revises the FAQs previously issued in FS-2026-01 in January.
  • The updated guidance includes a dedicated section addressing employer information and requirements, providing additional direction to employers on their responsibilities related to the overtime deduction.
  • Employers should review the revised FAQs to understand how the changes may affect payroll, employee reporting and compliance obligations as the deduction is implemented.
• OSHA Revises Warehousing and Distribution Center Enforcement Program
  • The Occupational Safety and Health Administration also recently updated its National Emphasis Program (NEP) for warehousing and distribution center operations. OSHA issued the revised program on July 6, with the updated enforcement guidance taking effect July 31. The revised NEP is scheduled to remain in effect through July 31, 2031.
  • The update makes several changes to OSHA’s inspection and enforcement approach.
  • Among the most significant changes, OSHA removed “high injury rate retail establishments” from the scope of the NEP. The agency also eliminated mandatory screening requirements for ergonomic and heat hazards, giving OSHA inspectors greater discretion in determining when those hazards warrant additional attention.
  • The revised guidance also changes how Area Offices handle inspections involving potentially serious issues. Under the 2023 NEP, Area Offices were required to expand inspections under certain circumstances. The updated program instead clarifies that Area Offices have discretion to expand inspections based on fatalities or catastrophes, complaints or referrals.

What Employers Should Know: The two updates highlight the importance of employers staying current with federal regulatory guidance. For employers with significant overtime operations, the IRS guidance provides additional information on the “No Tax on Overtime” deduction and related employer requirements.  For warehousing, distribution and related operations, OSHA’s revised NEP provides greater flexibility in how inspections are conducted while maintaining a focus on workplace hazards. Employers should review their safety and compliance programs in light of the revised enforcement approach, particularly regarding ergonomics, heat exposure and circumstances that could lead to expanded OSHA inspections.

Everything You Need for the School Year – From ODP

Your benefits are ready and your savings are waiting.

With the Store Purchasing Card (SPC), your member pricing is available when you shop in Office Depot® and OfficeMax® stores. Pick up what you need quickly, see products in person, and enjoy the convenience of shopping locally — without giving up your member savings.

Download your Store Purchasing Card now for easy access at checkout. With the SPC, you will receive your member price or the in-store price, whichever is lower.

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Prefer to Shop in Store?

Visit your local Office Depot® or OfficeMax® store for school supplies, classroom essentials and more. Don’t forget to bring your Store Purchasing Card to receive your member discount on eligible purchases.

Find a Store Near You.

See details below.

Did you know?

Designed for convenience.

Take advantage of additional ways to save time and money with these member benefits:

•       FREE DELIVERY – Spend $30+ on qualifying items and enjoy free delivery in select local areas.
•       PRINT & COPY – Order eligible Print & Copy Services before 2:00 PM for same‑day store pickup†.
•       SUBSCRIBE & SAVE – Set up recurring delivery and save on select everyday essentials.

 * Place your order at odpbusiness.com at least 1 hour before store closing time, and it will be ready for same day pick up in approximately 20 minutes at an Office Depot or OfficeMax store of your choice. Curbside pickup is available in most stores, subject to state and local regulations. Orders must be placed 1 hour before store closing. Note that some items in catalogs and online are not available for store pickup. Visit odpbusiness.com/pickup for more information.

† Same-Day Print & Copy Services are excluded from 20-minute pickup.

Store Discount Program: For SDP Terms and Conditions, please visit https://www.odpbusiness.com/l/marketing/storepurchasing/spc-terms-and-conditions https://www.odpbusiness.com/l/prelogin/spc-faq

Free Delivery: Minimum purchase required after discounts and before taxes. Free delivery is not available for orders outside our local delivery area, or for most furniture, oversized items, bulk items, cases of bottled water and other beverages, and special-order items. These non-qualifying orders will incur a delivery charge, which will be noted before you complete your purchase. Many qualifying orders can be delivered on the next business day (between 8:30 AM and 5:00 PM) if placed by: (i) 3:00 PM location time online or by phone, or (ii) 1:00 PM local time by fax (in most locations). Orders may also be subject to additional fees, such as a fuel surcharge. Any additional fees will be noted separately prior to checkout. Other restrictions apply. For details, visit odpbusiness.com, call 888.2.OFFICE or ask your Account Manager

ODP Business Solutions updates pricing, product, and service assortment on a regular basis because of a variety of factors, including, but not limited to, market and competitive forces, and reserves the right to change pricing and product assortment at any time without notice. Offers are non-transferable. ODP Business Solutions reserves the right to limit quantities sold to each customer. We are not responsible for errors.

ODP and ODP Business Solutions are trademarks of ODP Business Solutions, LLC. Office Depot is a trademark of The Office Club, LLC. OfficeMax is a trademark of OMX, LLC.