In a landmark decision, the Supreme Court of California in Dynamex Operations West, Inc. v. Superior Court adopted a new test to determine whether a worker performing services for a company is an employee or an independent contractor under California鈥檚 wage orders. The new three-factor test, known as the ABC test, will determine whether a company 鈥渆mploys鈥 a worker under the wage orders, which address certain requirements for minimum wage, overtime, and meal and rest periods, among others. The ABC test, which has long existed in other parts of the country in different forms, has not previously been used in California.
Construction employment increased in 256 out of 358 metro areas between April 2017 and April 2018, declined in 63 and was unchanged in 39, according to a new analysis of federal employment data released today by the Associated General Contractors of America. Association officials said that the data showed a continuation of strong labor demand amid shortages of qualified workers.
乌鸦传媒 Fights Back Against Obama-Era Rule that Would Have Slowed Project Approval
Following in the tradition of Presidents Bush鈥檚 鈥済reening the government鈥 and Obama鈥檚 鈥渇ederal sustainability鈥 efforts, President Trump ordered federal agencies to meet statutory requirements for environmental performance and prioritize actions that reduce waste and enhance the resilience of federal infrastructure and operations. Trump鈥檚 May 17 Executive Order Regarding Efficient Federal Operations takes a less prescriptive approach and provides agencies greater flexibility in meeting existing requirements than Obama鈥檚 now rescinded 2015 order 鈥 which set far-reaching goals for federal buildings and fleets beginning in 2016 through 2025 and beyond.
n May 21, 乌鸦传媒 challenged the U.S. Environmental Protection Agency鈥檚 consideration of using the Clean Water Act (CWA) permit program to regulate discharges to groundwater eventually making their way to a jurisdictional surface water.
On May 21, 2018, the U.S. Supreme Court upheld the legality of arbitration agreements containing collective- and class-action waivers. The Court held that arbitration agreements providing for individualized proceedings are valid and that neither the Federal Arbitration Act鈥檚 (鈥淔AA鈥) savings clause nor the National Labor Relations Act (鈥淣LRA鈥) suggests otherwise.
鈥淥ptimism about future job opportunities and market growth in 2018 and beyond remains high among union contractors, labor representatives and owner-clients 鈥 but at the same time, many remain concerned about a growing shortage of union craft workers,鈥 reports The Association of Union Constructors (TAUC) in a recent press release about the publication of the 2018 Union Craft Labor Supply Study. The study was conducted by TAUC and the 乌鸦传媒-supported Construction Labor Research Council.
On May 15, 乌鸦传媒 put forth its support for the U.S. Environmental Protection Agency鈥檚 (EPA) proposal to expand the universal waste regulations to include non-empty aerosol cans. Recognizing that aerosol cans are often the only hazardous waste stream produced on a construction site, this proposal could change a company鈥檚 status as a 鈥済enerator鈥 and reduce program costs and facilitate recycling.
From the repeal and replacement of the 2015 definition of Waters of the United States and opening up the National Environmental Policy Act procedures, to reevaluating regulations on listing species and designating critical habitat; the spring Unified Agenda sets a busy schedule for the year ahead.
The 乌鸦传媒 Labor and Employment Law Council (LELC) held its 34th Annual Construction Labor Law Symposium on May 3 and 4 in Washington, DC. Attorneys and labor relations managers from across the country gathered to learn about labor and employment law developments and government initiatives relevant to construction employers.