News & Analysis as of

Collective Bargaining Agreements (CBA) Construction Industry

Ervin Cohen & Jessup LLP

More PAGA Updates: LWDA Publishes FAQ; AB 1034 Extends Exemption for Construction Employees under CBA

This summer, California passed significant and much-needed legislation reforming the Private Attorneys General Act (PAGA), which permits individual employees to sue employers on behalf of themselves, other employees, and the...more

Fisher Phillips

California Extends PAGA Exemption for Unionized Construction Industry Employers – But You Need to Take Action to Qualify

Fisher Phillips on

California Governor Newsom just signed legislation Saturday that will ensure certain unionized construction employers are completely exempted from PAGA lawsuits for the next 14 years. Thanks to AB 1034, construction employers...more

Jackson Lewis P.C.

Assembly Bill 1034: Construction Industry PAGA Exemption Extended Until 2038

Jackson Lewis P.C. on

Governor Newsom signed Assembly Bill (AB) 1034, which extends the exemption from the California Private Attorneys General Act (PAGA) for certain employees in the construction industry until January 1, 2038. This extension...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State and Seattle Paid Sick and Safe Leave Updates

The first quarter of 2024 has brought multiple updates to the State of Washington’s and the City of Seattle’s respective paid sick leave laws, addressing concerns for commercial construction workers, app-based gig economy...more

Snell & Wilmer

2024 Labor & Employment Law Updates for the Construction Industry

Snell & Wilmer on

The New Year often means new labor and employment laws for the construction industry, 2024 is no exception. Federal agencies have been especially active. The Federal Acquisition Regulatory Council, the National Labor...more

Schwabe, Williamson & Wyatt PC

Contractor Association Files Suit to Halt Biden’s Federal PLA Mandate

January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more

Fisher Phillips

4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

Fisher Phillips on

Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration...more

Amundsen Davis LLC

More Legal Mandates & Changes Impacting the U.S. Construction Industry: Department of Labor’s Updated Davis-Bacon & Related Acts...

Amundsen Davis LLC on

Hold onto your hard hat! What you thought you knew about federal Davis-Bacon prevailing wage law is changing --- substantially changing decades of well-established rules, precedent and interpretations as to the applicability...more

Jackson Lewis P.C.

Impact of Critical Withdrawal Liability Interest Rate Assumption on Construction Industry Employers

Jackson Lewis P.C. on

Withdrawal liability is a major concern for many employers with collectively bargained operations. While special rules applicable to the construction industry can limit the circumstances under which liability can be imposed,...more

Jackson Lewis P.C.

Architecture Firm Recognizes First Private-Sector Architects Union

Jackson Lewis P.C. on

Historically, unions have had success organizing the core manual laborers in the construction industry. The formation of the first union of architects at a private-sector architecture firm in the country suggests that union...more

Miller Nash LLP

Construction Industry Groups Voice Frustration Over President Biden’s Pro-Labor Executive Order

Miller Nash LLP on

Following recent attempts to secure his legacy as one of the most pro-labor presidents in U.S. history, President Biden now faces staunch opposition from construction industry trade associations who argue that his executive...more

Miller & Martin PLLC

Biden Signs Executive Order on Use of Project Labor Agreements for Federal Construction Projects

Miller & Martin PLLC on

On Friday, February 4, 2022, President Biden signed an Executive Order on Use of Project Labor Agreements (“PLAs”) for federal construction projects. The logic behind the Executive Order is that construction projects pose...more

Jackson Lewis P.C.

Understanding the Multiemployer Pension Plan Construction Industry Exemption

Jackson Lewis P.C. on

The Multiemployer Pension Plan Amendments Act (MPPAA), the Employee Retirement Income Security Act’s (ERISA) progeny, can create significant unexpected liabilities for companies that have agreed to collective bargaining...more

Jackson Lewis P.C.

What Construction Contractors Can Expect From Multiemployer Pension Plans Following COVID-19 Crisis

Jackson Lewis P.C. on

The COVID-19 crisis portends a new and troubling outlook for construction contractors and other employers participating in multiemployer pension plans. While many multiemployer pension plans had been recovering enough from...more

Laner Muchin, Ltd.

National Labor Relations Board Proposes Three Amendments To Protect Employee Free Choice

Laner Muchin, Ltd. on

On August 9, 2019 the National Labor Relations Board (NLRB) announced that it would be proposing three amendments to its regulations which govern the filing and processing of representation petitions. The first amendment...more

Stoel Rives -  Ahead of Schedule

Understanding This Pension Rule May Help Contractors Avoid Costly Liability Assessments

If you use union employees in your projects, you may contribute to a multiemployer pension plan—perhaps a few cents or few dollars per hour worked. However, some employers are surprised to learn they could be assessed with...more

Holland & Knight LLP

NLRB Proposes Amendments Promoting Employee Free Choice in Representation Matters

Holland & Knight LLP on

The National Labor Relations Board (NLRB) on Aug. 12, 2019, published proposed amendments to its rules and regulations in representation matters. Comments on the proposed amendments are due by Oct. 11, 2019, and reply...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB’s Proposed Rule Change Expands Employee Free Choice in the Construction Industry

Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of...more

Akerman LLP

NLRB Proposes Employer Friendly Changes To Union Election Rules

Akerman LLP on

Employers may find it easier to remain union-free based on new rules proposed last week by the National Labor Relations Board for bringing unions into and out of the work place. Citing the National Labor Relations Act’s (Act)...more

Fisher Phillips

Labor Board Proposes Significant Amendments To Union Election Rules

Fisher Phillips on

The National Labor Relations Board (NLRB) announced today its intent to publish a proposed “Election Protection Rule” that would amend regulations governing the filing and processing of petitions for secret ballot union...more

Cozen O'Connor

PA Appellate Court Strikes Down Project Labor Agreement for First Time—Saves Taxpayers Millions

Cozen O'Connor on

PennDOT recently awarded the second phase of a local state highway improvement project to Allan Myers, L.P., one of the top nonunion construction and materials companies building infrastructure projects throughout the...more

Jackson Lewis P.C.

Union Pulls Rug From Labor Board’s Review Of ‘8(f)/9(a)’ Relationships

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has suspended briefing in a case on whether National Labor Relations Act (NLRA) Section 9(a) bargaining relationships in the construction industry may be established by contract...more

Littler

California Allows Employees in the Construction Industry to Waive PAGA Remedies Pursuant to Qualifying CBAs

Littler on

Among the approximately 1,000 bills signed by California Governor Brown last month was Assembly Bill 1654 ("AB 1654"), which allows a class of employees to waive the remedies created by the Private Attorney General Act of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Governor Brown Signs Final Round of Employment-Related Legislation

Once again, Governor Jerry Brown ends the legislative year by signing a flurry of employment-related legislation. This year, however, is Governor Brown’s last year to do so, and next year we will report about the...more

Fisher Phillips

California Employers To Face Raft Of New #MeToo Laws

Fisher Phillips on

Wrapping up a whirlwind weekend, California Governor Jerry Brown just signed several pieces of legislation that will create new employer obligations in the areas of sexual harassment and gender discrimination. Specifically,...more

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