Construction Industry

The Equal Employment Opportunity Commission (EEOC) promised in a March 2022 hearing to address what it considered to be “severe and pervasive” discrimination in the construction sector. According to EEOC Chair Charlotte Burrows, “[M]any women and people of color have either been shut out of construction jobs or face discrimination that limits their ability to thrive in these careers.”

Construction Companies Become Latest Targets of EEOC

When the Occupational Safety and Health Administration (OSHA) arrives at a construction site for an inspection, knowing the OSHA requirements for the industry is extremely important to keep business moving. OSHA targets the construction industry like no other because operations are often in clear view and because the industry accounts for more occupational injuries than any other.

Even with the strictest compliance with Occupational Safety and Health Administration (OSHA) regulations and best workplace safety practices, on-the-job injuries from time to time are inevitable in the construction industry. Many states have enacted powerful protections for workers filing worker’s compensation claims, or exercising related rights, to guard against retaliation by employers. These anti-retaliation protections may include both civil and criminal liabilities and strong remedial schemes.

Awareness of the tangible business benefits of effective diversity, equity, and inclusion (DEI) practices is driving change in the construction industry. In the past, such efforts were seen as, at best, “the right thing to do.” 

The changing legal landscape relating to marijuana usage means that employers

The changing legal landscape relating to marijuana usage means that employers, especially those with safety sensitive positions or who are subject to federally mandated compliance requirements, need to review their current policies and approaches to positive drug tests reflecting marijuana usage to ensure they follow applicable federal, state, and local laws regarding marijuana in the workplace.

It’s no secret that the statutory deck under ERISA is stacked heavily in favor of multiemployer pension plans and against employers contributing to—or withdrawing from—Taft-Hartley trust funds.

In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new law that makes it more difficult to enforce existing arbitration agreements for sexual assault and sexual harassment claims that arise after March 3, 2022. 

A form of dispute resolution called “baseball” arbitration has increased in use and popularity in the construction industry to resolve all types of disputes, including employment disputes. The procedure has unique mechanisms that may be beneficial to construction industry employers in resolving disputes.

In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new law that makes it more difficult to enforce existing arbitration agreements for sexual assault and sexual harassment claims that arise after March 3, 2022. That is the date President Joe Biden signed federal legislation limiting the use of predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims.

The Occupational Safety and Health Administration’s (OSHA) Denver Regional Office has announced the rollout of a “Regional Emphasis Program” dedicated to the reduction of incidents of workplace illness related to silica.

For employers in the construction industry, the Department of Labor’s (DOL) proposed revisions to Davis-Bacon Act (DBA) regulations on prevailing wages on public projects can mean significant adjustments to their practices.

No industry is immune to privacy and cybersecurity risks, and the construction industry is no exception. Those in the construction industry can protect against a potential cyberattack by understanding the risks and vulnerabilities and developing a plan.

Construction: Labor Department Proposes Rule to Expand Coverage of Davis-Bacon Act and Regulations

The U.S. Department of Labor (DOL) has announced proposed rulemaking to update and expand the prevailing wages and other regulations under the Davis-Bacon Act, which applies to federal and federally assisted construction projects.