The Occupational Safety and Health Administration’s (OSHA) Directorate of Construction Director Scott Ketcham gave a review of the agency’s focus on the construction industry at the American Bar Association’s 2023 Midwinter Meeting of the Workplace and Occupational Safety and Health Law Committee on March 10, 2023
HR - Construction Industry
Construction Industry Workplace Law Update – Spring 2023
Keeping Up With the Changing Law Restricting Employee Competition in the Construction Industry
Keeping Up With the Changing Law Restricting Employee Competition in the Construction Industry
The legal landscape is rapidly changing with regards to restrictive covenants used by employers to protect against unfair competition and solicitation by current or former employees.
Construction Companies Become Latest Targets of EEOC
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 Industry Workplace Law Update – Winter 2022
Construction Companies Become Latest Targets of EEOC
OSHA Inspection Dos and Don’ts for Construction Industry
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.
Avoiding Worker’s Compensation Retaliation Claims in the Construction Industry
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.
Second Annual Construction Inclusion Week: October 17-21, 2022
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.”
Construction Industry Workplace Law Update – Fall 2022
The changing legal landscape relating to marijuana usage means that employers
Medical Marijuana and the Construction Job Site
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.
Construction Industry: Don’t White-Knuckle Withdrawal Liability
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.
Construction Industry Workplace Law Update – Summer 2022
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.
Construction Disputes and ‘Baseball’ Arbitration
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.
How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction
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.
What Construction Employers Need to Know About the Increased Silica Compliance Focus
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.