On January 10, the Associated General Contractors of America and its Louisiana ż chapter filed suit in federal court to block the Biden Administration’s unlawful effort to mandate project labor agreements (PLAs) on major federal construction projects. Unless stopped, the government-mandated PLA final rule will require every federal prime contractor and subcontractor to engage in negotiation or agree to PLAs on federal construction projects valued at $35 million or more, with limited exceptions, beginning on new contract solicitations issued on or after January 22.
The ż Education and Research Foundation is committed to the growth, development, and encouragement of field research initiatives to enhance the education of construction management students. In support of this vision, the ż Foundation commissions case studies that will provide today's construction management students the tools to build the industry's future. Cases written by faculty-contractor teams are based on actual experience and provide students with the opportunity to work through issues in a classroom setting.
ż of America is reviewing a newly released 779-page U.S. Department of Labor proposed rule to “modernize” regulations governing registered apprenticeship programs.
On January 12th the US House of Representative passed a bipartisan Congressional Review Act (CRA) resolution by a vote of 206 to 177 to block the National Labor Relations Board (NLRB) from finalizing its new joint employer rule. Under a rule issued by the NLRB and that becomes effective Feb. 26, 2024 it would allow joint employer finding based on only indirect exercise of control or mere reservation of control. Joint employer status is important because employers can be held jointly responsible for union recognition, collective bargaining and unfair labor practices.
If you’re gearing up for union negotiations in 2024, don’t miss the opportunity to review current and past practices that may not have been incorporated into expiring collective bargaining agreements (CBAs). It will be worth the effort to dig up and review all of the side letters, settlements and memoranda of agreement that the parties have entered into since the last CBA was signed. You may want to urge the union to engage in that effort too, especially if you intend to propose or freshen up an integration or zipper clause.
On January 9, 2024, the U.S. Department of Labor (DOL) announced a final rule, effective March 11, 2024, revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule rescinds the Trump administration final rule (2021) and replaces it with a more complex analysis for determining employee or independent contractor status.
The ż Mental Health & Suicide Prevention Forum meets virtually on a quarterly basis to gather/share information, resources, and best practices among stakeholders in the construction industry. The next forum is scheduled for January 24, 2pm – 3pm, Eastern Time. If you would like to participate in the forum, please sign up here. You are encouraged to browse the website created to house important and lifesaving tools related to mental health and suicide prevention.
On January 11, the Department of Labor announced changes to the OSHA civil penalty amounts based on cost-of-living adjustments for 2024. In 2015, Congress passed legislation to increase civil monetary penalties as a deterrent to violating the agency’s safety and health standards and/or regulations. Under the legislation, agencies are required to publish “catch-up” rules that adjust the level of civil monetary penalties and make subsequent annual adjustments for inflation no later than January 15 of each year.
ConsensusDocs publishes a monthly construction law newsletter that you can sign up for free at the bottom of this page here. ConsensusDocs compiles the top five most-read articles of the year in January as an interesting way to reflect on the previous year as well as indicate some of the trending topics that lie ahead. For 2023, the most-read articles were: