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Awaiting EEOC Guidance on Reporting Requirements and Process

The National Labor Relations Board (the “NLRB” or “Board”) on March 1 issued an opinion expanding the rights of “Beck objectors” – i.e., those employees who are covered by a collective bargaining agreement but who choose not to become a member of the union.

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?

Sets Salary Threshold at $35,308

Participants Removed from Compliance Evaluation Selection Process for Three to Five Years

Advanced Contractor Notification Letters Will Not Be Sent

Union representation in the construction industry (covering all occupations) declined in 2018, from 14.7 percent to 13.8 percent, according to an annual report recently issued by the Bureau of Labor Statistics (“BLS”). Union membership in the industry also declined, from 14 percent to only 12.8 percent, but remains considerably higher than the 6.4 percent all-industry average in the private sector. Construction union representation and membership increased slightly in both 2017 and 2016. The total number of workers in construction rose in each year. In 2018, the number rose from 7,844,000 to 8,169,000.

Construction-industry collective bargaining negotiations completed during 2018 resulted in an average first-year increase in wages and fringe benefits of $1.70 per hour or 3.0 percent, according to the annual year-end Settlements Report issued by the �۽�ֱ��-supported Construction Labor Research Council (CLRC). This reflects a continuing slow but steady upward trend since 2011, when the average was only $0.73 or 1.7 percent. Still, CLRC notes, the 2018 average remained below increases negotiated during the 2006–2008 timeframe, which were over 4.0 percent per year. For multi-year agreements negotiated in 2018, the average second-year increase was $1.68 or 2.8 percent, and the average third-year increase was $1.65 or 2.7 percent.

April 4, 2019, at the Hyatt Regency Denver