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Operating Engineers Local 18 has lost another battle in its war to regain jurisdiction over operation of forklifts and skid steers, this time in circuit court. The U.S. Court of Appeals for the Sixth Circuit (KY, MI, OH, TN) on October 31 upheld decisions by the National Labor Relations Board (“NLRB” or “Board”) that members of the Laborers were entitled to the work and ordering Local 18 to cease striking, threatening to strike, and maintaining grievances against the employers involved.

The Senate has confirmed Peter B. Robb to be General Counsel of the National Labor Relations Board (NLRB) for a four-year term. Robb is presently a management-side labor and employment lawyer with the law firm Downs Rachlin Martin in Vermont. His prior employment includes serving as chief counsel to an NLRB member.

Helps Contractors Meet Green Building Owners’ Requirements

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers have opened a docket to collect written comments on how “Waters of the United State” or WOTUS definition should revised. The agencies have spent the last few months gathering public feedback through a series of listening sessions and an in-person meeting for small entities. �鶹��ý participated in the listening session for construction and transportation and is preparing written recommendations by the Nov. 28, 2017, deadline. It is not too late to participate, see below for information on how.

Mark your calendars. Co-located with its 99th Annual Convention, �鶹��ý will host its latest series of roundtable discussions exclusively for in-house environmental managers at construction firms on Wednesday, February 28, 2018, at the Hyatt Regency New Orleans. This �鶹��ý In-House Environmental Managers Meeting is a day of peer-to-peer learning and information sharing. The meeting is highly interactive and you set the agenda for the discussions to address the top items on your to-do-list or jobsite concerns.

Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave Act (FMLA) leave ends. This is particularly true since the ADA, unlike the FMLA, provides no statutory or regulatory parameters indicating the amount of additional leave employers must provide. However, a federal appeals court has just handed employers a milestone victory in one such legal battle that might ease the frustration levels for some.

Jenny Grounds, BOUDREAUXThe idea of performing market research can often feel like a burden for small marketing groups. The everyday tasks already on your to-do list can easily fill up a 40-hour work week. Where do you find the time to research, compile, and analyze piles of data on top of everything else? Market research doesn’t have to be complex or require robust, expensive studies to be effective. By breaking it into small, manageable pieces, you can gather information that will directly benefit your A/E/C firm without overtasking your teams.

On November 30, the U.S. Department of Labor (DOL) appealed a Texas judge’s decision to toss out an Obama administration rule that would have nearly doubled the Fair Labor Standards Act’s (FLSA) salary threshold for exemption from overtime pay. The Trump administration DOL is defending its authority to create an overtime rule, but not the salary limit set by the Obama administration. The agency filed its notice to appeal the decision to the U.S. Court of Appeals for the Fifth Circuit, and once docketed, the agency — through the Department of Justice — will file a motion to hold the appeal in abeyance while the DOL undertakes further rulemaking to determine what the salary level should be.

Thirty-five states and the District of Columbia added construction jobs between September 2016 and September 2017, while 26 states added construction jobs between August and September as some state employment levels were impacted by recent hurricanes, according to an analysis by the Associated General Contractors of America of Labor Department data released today. Association officials noted that construction employment in many parts of the country would have been higher if more qualified workers were available.

In order to ensure that the �鶹��ý Business Development Forum is fulfilling its mission to advise �鶹��ý members of new market opportunities, follow and report on trends in the construction market, and advise members on the techniques and tools of BD, the Steering Committee has developed a brief electronic survey. To submit your suggestions and ideas, please click on the following link or copy and paste this link into your browser’s address field: https://www.surveymonkey.com/r/PBVZTKX.