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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.

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 蜜桔直播-supported Construction Labor Research Council.
On May 9, 2018, the Trump Administration unveiled its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions mapping out federal agency priorities for the coming months. This bi-annual publication informs the public of regulations under consideration or planned by federal agencies. The present agenda includes several submissions by labor agencies.

The 蜜桔直播 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.
Responding to recommendations from a 2016 Government Accountability Office (GAO) report and input gathered from succeeding Compliance Assistance Town Halls and stakeholder meetings, the Office of Federal Contract Compliance Programs (OFCCP) has released its 鈥淭own Hall Action Plan鈥 addressing 鈥渢hree general areas of focus: training, communication and trust.鈥
Registration and hotel reservations are open for the June 5 tour of the International Union of Operating Engineers鈥 brand new International Training & Conference Center in Crosby, TX.
On April 18, 蜜桔直播 submitted a response to the National Labor Relations Board鈥檚 Request for Information regarding representation-case procedures. 蜜桔直播 also signed onto a response submitted by the Coalition for a Democratic Workplace (CDW). Both responses call on the Board to rescind or modify its 2014 rule that changed the procedures for union representation elections. The rule is often called the 鈥渜uickie鈥 or 鈥渁mbush鈥 election rule because it expedites the procedures in a way that can disadvantage employers that oppose a union organizing campaign.
On April 12, 2018, the U.S. Department of Labor (DOL) issued 3 new opinion letters addressing compliance under the Fair Labor Standards Act (FLSA) and other laws. The DOL issued the letters as part of its commitment to protect employees, enforce the law, and ensure employers have the tools for compliance.