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 AGC 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.
On December 27, AGC commented (coalition letter) on the U.S. Environmental Protection Agency’s (EPA) draft guidance on when discharges to surface waters via groundwater would require a Clean Water Act section 402 permit (National Pollutant Discharge Elimination System or NPDES). AGC’s primary concern is that the new guidance would lead EPA to consider prevalent stormwater infrastructure (such as sediment basins or retention ponds) as point sources requiring a NPDES permit. These stormwater controls are themselves often required by NPDES permits.
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:
For over five decades, Board of Certified Safety Professionals (BCSP) has been at the forefront of promoting excellence in safety practices. Through rigorous certification processes, the organization has ensured that safety practitioners meet and maintain high standards in their technical competency. The impact of BCSP-certified professionals can be witnessed in the improved safety practices across various sectors, highlighting the organization's commitment to creating a safer work environment.
Construction Firms Have Mixed Outlook For 2024 As Expectations For Demand Remain Mostly Positive, But Less Upbeat Than Last Year Amid New Challenges