HR - Construction Industry

In December 2024, the U.S. Bureau of Labor Statistics released its 2023 Census of Fatal Occupational Injuries.  The census showed that during 2023 there were 5,283 fatal work injuries recorded in the United States.

In the spirit of “spooky season,” the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been “haunting” federal construction contractors with new compliance burdens. With the resurrection of the renewed Form CC-27, covered construction contractors will now face the “chilling” task of collecting and submitting employment

The EEOC has noted workplace harassment is prevalent on many construction jobsites, with some of the most egregious incidents investigated occurring in the construction industry

OFCCP’s Proposal Requiring Construction Companies to Submit Monthly Employment Utilization Report

Employer wage and hour violations of the Fair Labor Standards Act (FLSA) and other applicable state laws are some of the most frequent in the construction industry. They are often the costliest an employer can make. However, common mistakes can be avoided with a careful review of wage and hour practices for compliance. Below are five common bases seen in federal wage and hour claims. Keep in mind that state laws can impose additional compliance requirements.

The Equal Employment Opportunity Commission (EEOC) issued guidance on preventing harassment in the construction industry on June 18, 2024. The EEOC states in Promising Practices for Preventing Harassment in the Construction Industry that specific guidance was necessary because workplace harassment remains prevalent in the construction industry and some of the most egregious incidents of harassment it has investigated have occurred in the industry.

Cell phone communications, emails, and texts have been around for decades. According to JB Knowledge’s 2020 Construction Technology Report, 93 percent of construction industry workers use smartphones for work purposes. 

Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) offers best practices for employers in the construction industry to prevent and address harassment in the workplace.

A federal judge in Texas has blocked the U.S. Department of Labor (DOL) from enforcing several provisions of its prevailing wage final rule under the Davis-Bacon and Related Acts (DBA) for construction contractors. Associated General Contractors v. U.S. Department of Labor, No. 5:23-CY-0272-C (N.D. Tex. June 24, 2024).

According to an Associated Builders and Contractors analysis, the percentage of construction workers who belong to a union dropped to a record low of 10.7 percent in 2023.

The U.S. District Court for the Eastern District of Texas struck down the National Labor Relations Board’s (NLRB’s) 2023 joint-employer rule, which only required an entity to possess or reserve the right to control an employee’s essential terms and conditions of employment, regardless of whether such control was exercised. U.S. Chamber of Commerce et al. v. NLRB et al., No. 6:23-cv-00553 (Mar. 8, 2024).

According to an Associated Builders and Contractors analysis, the percentage of construction workers who belong to a union dropped to a record low of 10.7 percent in 2023. This is the latest in a generational shift. Over the past 50 years, the percentage of unionized workers has decreased from 39.5 percent to the new low. Non-union construction employers should still be aware of unions and related labor law issues. We provide a few reasons here.

Percentage of Construction Industry Workers in a Union Continues to Decline

The largest construction show in New York, the 2024 New York Build Expo, attracted architects, designers, contractors, and construction professionals from across the tri-state area. The event explored trends in the industry, including the prevalence of rapidly developing AI, ensuring building accessibility for individuals with a disability, mental health concerns for employers to actively address, and fostering diversity amongst the industry group.