The federal government’s focus on the construction industry is growing as more construction companies benefit from the Infrastructure Investment and Jobs Act (IIJA). The IIJA was signed into law by President Joe Biden on Nov. 15, 2021, and is funneling millions of dollars into infrastructure improvement projects.
Archives for June 2023
Impact of Critical Withdrawal Liability Interest Rate Assumption on Construction Industry Employers
Withdrawal liability is a major concern for many employers with collectively bargained operations. While special rules applicable to the construction industry can limit the circumstances under which liability can be imposed, they do not eliminate it entirely. Recent case law on the interest rate assumption used to calculate such liability (once imposed) can dramatically affect the extent of an employer’s liability.
Labor Judge Decision Explains Employer Discipline of Employee for Serious Performance Issues
Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers may still discipline employees in the wake of protected activity as long as the discipline occurs for unrelated misconduct.
Contested Safety Citation Struck Down as OSHA Fails to Make Its Case
Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission has determined. Secretary of Labor v. Raymond – San Diego, Inc., OSHRC No. 21-0505 (Mar. 6, 2023).
EEOC to Focus on Diversity in the Construction Industry
In its report, “Building for the Future: Advancing Equal Opportunity in the Construction Industry,” the U.S. Equal Employment Opportunity Commission (EEOC) identifies the challenges to diversity and inclusion in the industry and promises to take steps, including releasing industry-specific technical assistance for employers, unions, and workers, to enhance diversity and inclusion.
Lessons for Construction Industry in Labor Board’s New Test to Classify Independent Contractors
The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). This decision may significantly affect business in the construction industry, where employers frequently confront the dilemma of how to classify their work relationships.
Groff Takes DeJoy: U.S. Supreme Court Changes Standard in Religious Accommodation Case
The U.S. Supreme Court has “clarified” and changed the religious accommodation standard under Title VII of the Civil Rights Act that employers and the U.S. Equal Employment Opportunity Commission (EEOC) have relied upon for more than 46 years. Groff v. DeJoy, No. 22-174 (June 29, 2023).
Building and Construction Industry Exemption: Tool to Contest Withdrawal Liability
The Multiemployer Pension Plan Amendments Act of 1974 (MPPAA) was enacted purposefully by Congress to seize moneys from contributing employers to fund multiemployer defined benefit pension funds regardless of the employers’ culpability for the underfunding of those plans. However, the construction industry is one of a few industries in which the impact of withdrawal liability upon employers has been eliminated.
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SCOTUS Strikes Down Affirmative Action in Higher Education
The U.S. Supreme Court on Thursday voted to end affirmative action in higher education, ruling that the practice violates the Equal Protection Clause of the Fourteenth Amendment.
New York Mandatory Nurse Overtime Law Amendments Take Effect
Significant amendments to New York law regarding mandatory overtime for nurses took effect on June 28, 2023. The changes resulted from New York Assembly Bill 970 / Senate Bill 850, which Governor Hochul signed in March, amending Section 167 of the Labor Law. The legislation involved a “chapter amendment”
Open Issue: Employer-Sponsored Health Plans and Coverage of Gender-Affirming Care
Transgender protections and rights in the workplace are currently the subject of much confusion. This issue extends to employer-sponsored health plans. Whether an employer-sponsored health plan must cover gender-affirming care is complicated and depends, in part, on whether the employer’s health plan is fully-insured or self-insured.
Fully-Insured Plans
Fully-insured employer-sponsored
Shareholder Thomas Grow Joins Littler in Washington, D.C.
WASHINGTON, D.C. (June 28, 2023) – Littler, the world’s largest employment and labor law practice representing management, has added Thomas S. Grow as a shareholder in its Labor Management Relations practice group. Grow, who was previously special counsel with Littler, rejoins the firm in the Washington, D.C., office from
OFCCP’s Last-Minute Portal Guidance Changes
Two days prior to the 2023 contractor portal certification deadline, the Office of Federal Contract Compliance Programs (OFCCP) updated the certification guidance on its contractor portal frequently asked questions (FAQ) page. The agency did not make a public announcement about the changes, other than changing the “last updated” date at
California’s Workplace Violence Bill Passes Assembly Committee on Labor and Employment
On June 28, 2023, the California State Assembly Committee on Labor and Employment held a hearing on Senate Bill (SB) 553, which if passed as drafted, would establish workplace violence prevention standards applicable to virtually every employer in California.