A Texas federal judge has struck down the Federal Trade Commission’s (FTC) recent rule banning post-separation non-compete agreements nationwide. The ban was originally slated to go into effect on September 4th, but employers can now continue to maintain non-competes as their state laws allow.
On August 2, 2024, ż of America filed an amicus brief in a case concerning the scope of the "building and construction industry" exemption from multiemployer pension fund withdrawal liability under the Employee Retirement Income Security Act of 1974 (ERISA). The case, Walker Specialty Construction, Inc. v. Construction Industry & Laborers Joint Pension Trust for Southern Nevada et al. is pending in the U.S. Court of Appeals for the Ninth Circuit. The brief supports Walker Specialty Construction’s (Walker) argument that demolition and abatement work fall within the exemption.
With the addition of two new federal bid protests, ż is aware that four ż-member construction firms have now filed federal bid protests objecting to project solicitations that require a project labor agreement (PLA). All four protests have led the government to voluntarily suspend the contract awards for the procurements while the protests are still pending. As reported recently in this article, the protests utilize a legal theory that ż helped create with outside counsel at Fox Rothschild. All four protests are pending before the U.S. Court of Federal Claims.
The U.S. Court of Appeals for the Fifth Circuit on July 19, 2024, granted the National Labor Relations Board’s (“NLRB” or “Board”) motion to voluntarily dismiss its appeal of a district court’s order to vacate the Board’s 2023 “joint employer rule.” The vacatur was a major victory for ż and its co-plaintiffs that initiated the lawsuit challenging the Board’s regulatory effort to broaden the standard for determining when an employer may be deemed a joint employer of another company’s employees.
In its latest Settlements Report, the ż-supported Construction Labor Research Council (CLRC) advises that construction-industry collective bargaining agreements settled from January through June of 2024 provide an average increase in wages, fringe benefits and other employer payments for union craft workers in the construction industry of 4.6 percent.
ż (ż) of America is excited to announce that we are now accepting proposals from speakers for our 2025 Annual Convention, taking place from April 8 – 10 in Columbus, Ohio. This premiere event is designed for industry leaders and professionals at various career stages from construction companies of all sizes to engage in collaborative learning, network with peers nationwide, and discover the latest in technology and innovation in the industry.
Successful Outcome Could Block Federal Officials from Including Project Labor Agreement (PLA) Mandate in Projects Valued over $35 million
Apply by Thursday, October 31, 2024!
Tuesday, July 30th, 2:00 pm – 3:00 pm (EDT)