The Utah Antidiscrimination Act has been amended to expand religious accommodation requirements for employers under Utah law. The Utah Legislature passed House Bill 396 (H.B. 396), and Governor Spencer Cox signed the bill on...more
According to an Associated Builders and Contractors analysis, the percentage of construction workers who belong to a union dropped to a record low of 10.7 percent in 2023. This is the latest in a generational shift. Over the...more
The Federal Acquisition Regulatory Council (FAR Council) has issued a final rule establishing a project labor agreement (PLA) requirement for contracts that meet the definition of federal “large-scale construction projects”...more
Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers...more
The new Utah Vaccine Passport Prohibition legislation (HB 131) prevents most Utah businesses from requiring employees or patrons to be vaccinated for any disease. The new law will take effect May 3, 2023....more
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
How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction-
In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new...more
7/1/2022
/ Anti-Discrimination Policies ,
Construction Industry ,
Davis-Bacon Act ,
Dispute Resolution ,
Heat Exposure ,
NEP ,
OSHA ,
Pre-Dispute Arbitration ,
Prevailing Wages ,
Prime Contractor ,
Sexual Harassment ,
Silica ,
Subcontractors ,
Wage Theft ,
Workplace Safety
The Occupational Safety and Health Administration’s (OSHA) Denver Regional Office has announced the rollout of a “Regional Emphasis Program” dedicated to the reduction of incidents of workplace illness related to silica....more
In a clear response to the recent Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) issued by the Biden Administration, Iowa, Tennessee, Utah, and Florida recently have joined the...more
A project labor agreement (PLA) is a type of collective bargaining agreement that covers multiple unionized trades working on a single defined project. While advocates emphasize the advantages of PLAs, construction owners and...more
Unions will have greater exposure to “make whole” relief awards for violating their duty of fair representation under the National Labor Relations Act (NLRA) if National Labor Relations Board (NLRB) General Counsel (GC) Peter...more
The use of cloth face coverings (masks) in the construction workplace is one of the preventive measure in the Occupational Safety and Health Administration’s (OSHA) guidance specific to the construction industry on how to...more
In response to the spread of the coronavirus (COVID-19), several states have implemented closure orders, shutting down most of their internal operations and requiring most of the public to stay home, or “shelter in place.”...more
Following a local television station’s report of labor brokers paying cash to construction laborers to avoid paying taxes for these workers, a Utah state legislator said she plans to introduce legislation in 2020 to increase...more
Arbitration agreements that could be reasonably construed to prohibit filing of unfair labor practice charges with the National Labor Relations Board (NLRB) are unlawful under the National Labor Relations Act (NLRA), the NLRB...more
A recent Advice Memorandum from the National Labor Relations Board’s (NLRB) General Counsel’s office (GC Office) has recommended that the Board engage in pest control. As background, federal labor law strictly regulates...more
An employer lawfully unilaterally implemented a stricter tardiness and absentee policy even though a union had recently won an election to represent its workers, according to a memorandum released by the National Labor...more
The National Labor Relations Board General Counsel’s Division of Advice has concluded that an employer could refuse to allow a union’s representatives to record monthly team meetings and investigatory interviews. GE...more