A federal Judge in Texas recently ruled that the Biden administration’s U.S. Department of Labor (DOL) Wage and Hour Division (WHD) DOL violated the Administrative Procedure Act (APA) when promulgating both the Delay and Withdrawal Rules. The ruling effectively reinstates the Trump rule dating back to March 2021. ³Ô¹ÏºÚÁÏÍø has long called for federal clarification of the independent contractor status and preservation of legitimate independent contractor relationships, such as those that have historically existed in the construction industry. ³Ô¹ÏºÚÁÏÍø supported the Trump administration’s rule that adopted a consistent, clear and common-sense standard for determining independent contractor status under the FLSA and filed comments opposing the DOL move to withdraw the rule. ³Ô¹ÏºÚÁÏÍø will keep members apprised of any new developments and fully expects to participate in any future revision or adoption of guidance regarding the independent contractor status.
On March 3, 2022, President Joe Biden signed a law that limits the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims.
According to the latest Contractor Compensation Quarterly (CCQ) published by PAS, Inc., construction executive staff wage increases came in at 4.3% for 2021 and are also projected to rise by an average 4.3% by 2022 year-end. Though the projected 2022 increase is 4.3%, it is pointed out that historically executive staff predictions are low, so year-end 2022 increases might come in even as high as 4.8%.
Contractors Must Continue to Comply with Existing Regulations
Aligns with Executive Order Proposing Pay History Ban for Federal Contractors
Aligns with Executive Order Proposing Pay History Ban for Federal Contractors
Business Development within the construction industry presents multiple challenges as competition levels rise, continued supply obstacles occur, and labor shortages pressure companies to do more with less. On this episode, members of ³Ô¹ÏºÚÁÏÍø’s Business Development Forum – Chris Martin, President at Atlas Marketing and Tonya Byrd (Jackson), Business Development Manager at Gilbane Building Company – discuss these challenges and share best practices and methods to help your construction company grow.
³Ô¹ÏºÚÁÏÍø of America’s Union Contractors Committee will meet during the association’s 2022 Annual Convention on Wednesday, March 30, at 1:00 p.m. in the Gaylord Texan’s Grapevine 5-6 rooms. All union contractors and chapter staff registered for the Convention are encouraged to attend.
In a favorable decision issued March 11, the TN Court of Appeals agreed with ³Ô¹ÏºÚÁÏÍø of America and ³Ô¹ÏºÚÁÏÍø of Tennessee that a subcontractor cannot sue a general contractor on one and the same set of facts for not only breach of contract (seeking to recover its purely economic losses) but also in tort for misrepresentation (seeking compensatory and punitive damages). The court of appeals ruled that the subcontractor’s ability to recover monetary damages was limited by its contract with the general contractor. As such, the court vacated the lower court’s award of punitive damages because they were not permitted under the contract.