On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide range of topics under the Fair Labor Standards Act (FLSA). 15 of the 17 letters were originally signed off on during the final days of the Bush administration, but were withdrawn by the Obama administration “for further consideration by the Wage and Hour Division” on March 2, 2009, and stated that it would “provide a further response in the near future,” but never did. Instead, the Obama administration stopped issuing these letters altogether, instead releasing broader “Administrator’s Interpretations” that laid out how the department viewed employers’ specific obligations under the law. In June 2017, Secretary Acosta announced that he would reinstate the practice of issuing opinion letters.
ԹϺ of America’s 99th Annual ԹϺ Convention in New Orleans, LA, will feature a session called “State of the (Building Trade) Unions” where the Brent Booker, secretary-treasurer of North America’s Building Trade Unions, will speak. The session is scheduled for Monday, Feb. 26, 3:00-4:30 p.m. All Convention registrants are invited to attend. While organized labor represents a minority of workers in construction, its actions have a significant impact on the industry and on the nation in general, making this session of interest to both union and nonunion contractors and chapters alike.
On Dec. 19, 2017, the U.S. Court of Appeals for the Ninth Circuit became the fourth federal appellate court to expressly reject the U.S. Department of Labor’s (DOL) six-part test for determining whether interns and students are employees under the Fair Labor Standards Act (FLSA). On January 5, 2018, the DOL clarified that going forward, the Department will conform to these appellate court rulings by using the same “primary beneficiary” test that these courts use to determine whether interns are employees under the FLSA.
Republicans’ brief control of the National Labor Relations Board ended with the expiration of Chairman Philip Miscimarra’s term on Dec. 16, 2017. In anticipation of the change, the Board issued several employer-friendly decisions with significant impact. The most high-profile among them is a ruling in Hy-Brand Industrial Contractors that overturns the controversial, ԹϺ-opposed joint-employer standard established in Browning-Ferris Industries.
If you receive a request for proposal that includes a long list of requirements, it may be an indication that you're not the prospect's vendor of choice. Other red flags include a limited response window and lack of access to the prospect company's decision-makers, writes John Boyens.
The AEC industry is fragmented and slow moving. The legal industry, which drives the structural relationships in construction contracts, is even slower to change. The combination has us stuck in the morass of contractual silos that create confrontation. Some wear this as a badge of honor. They follow a similar pathway that has been around for over a hundred years and have a mountain of case law dissecting the corpses of dead projects gone wrong interpreting this approach.
The Business Development Best Practices are an ongoing effort by the ԹϺ Business Development Forum Steering Committee to bring more BD resources and best practices to the ԹϺ membership. Written and developed by industry experts in Business Development, these best practices cover a wide range of topics, from relationship building and sales to marketing and proposals.
This month, the Business Development Forum Steering Committee highlights:
On December 14, 2017, in a 3-2 decision by its then Republican majority, the National Labor Relations Board (NLRB) in the Hy-Brand Industrial Contractors case ruled that, to be classified a "joint employer" of another company’s employees under the National Labor Relations Act, a business must have a direct and immediate control over the employees. The decision overturns the Obama Board’s highly controversial and ԹϺ-opposed 2015 ruling in Browning-Ferris Industries and effectively returns the joint employment standard to the prior standard.
Christopher Halapy, Shook ConstructionClients’ needs and expectations relative to the services provided by their design and construction partners are evolving. Savvy clients have increased their demand for turnkey services and a higher level of detailed information far earlier in the project planning process. Beyond programming, owners are looking to understand milestone dates, disruption of ongoing operations, and a firm cost for the project, all earlier than this information is typically provided.
Forty states added construction jobs between November 2016 and November 2017, while 39 states added construction jobs between October and November, according to an analysis by the Associated General Contractors of America of Labor Department data released today. Association officials noted that firms in most states are adding jobs amid expectations that demand will continue to grow thanks to new tax cuts and regulatory reforms.