Construction contractors are all-too familiar with Scabby the Rat. The inflatable rat – appearing in sizes of up to a reported 30 feet tall – has infested construction job sites as part of trade union protest activities targeting employers that are not signatory to union labor agreements. Unions use the rat as an attention-grabber and a signal that an employer is using non-union labor. Construction employers will want to keep an eye on legal developments regarding the rat this year, including a recent federal circuit court decision and the potential for the National Labor Relations Board (“NLRB” or the “Board”) to modify its approach to disputes involving Scabby.
In a significant ruling that will benefit companies, the National Labor Relations Board (“NLRB” or the “Board”) recently revised the test it uses for determining whether workers are employees or independent contractors under the National Labor Relations Act making it easier for entities to classify them as contractors. The decision in the case, SuperShuttle DFW, Inc., throws a roadblock into unionization efforts involving such workers, as federal law does not permit independent contractors to unionize or join forces with employees in organizing efforts. What do employers need to know about this development?
Construction employment grew in 275, or 76 percent, out of 358 metro areas between January 2018 and January 2019, declined in 39 (11 percent) and was unchanged in 44, according to a new analysis of federal employment data released today by the Associated General Contractors of America. Association officials said demand for construction in most parts of the country appears to be outstripping the supply of qualified workers to hire.
Forty-four states added construction jobs between January 2018 and January 2019, while 33 states added construction jobs between December and January, according to an analysis by the Associated General Contractors of America of Labor Department data released today. Association officials cautioned that the employment gains may not last without an increase in the number of people trained for construction careers.
AGC Charities Inc., the charitable arm of the Associated General Contractors of America, donated $265,000 today to fund a new “National Healing Quarters” for Warrior Canine Connection. The funds will help cover the cost of renovating a historic dairy barn in Boyds, Maryland to serve as the new headquarters for the group that provides therapy for veterans with invisible wounds like PTSD and service dogs for other wounded veterans.
State NEPA Reviews Targeted
60-Day Comment Period Ends April 15
On Feb. 5, the U.S. Senate Environment and Public Works Committee advanced President Trump’s nomination of Andrew Wheeler as administrator of the U.S. Environmental Protection Agency—a move which AGC supported in a letter to the committee. The 11-10 committee vote fell along party lines. Acting Administrator Wheeler’s nomination now moves to the full Senate for confirmation.
On Feb. 6, the U.S. Environmental Protection Agency (EPA) finalized its 2019 penalty rule that increased the maximum civil penalties per violation of an environmental statute or agency regulation. These annual adjustments are required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. Below are the new 2019 penalty maximum levels to account for inflations. In practice, fines tend to track the perceived or actual economic benefit derived from the violation(s) – consistent with applicable EPA penalty policies.