As previously reported, efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year with several states, including California, Minnesota, North Dakota, and Oklahoma, banning non-competes entirely.
Join us in St. Louis, Missouri, July 16 – 18, for this year's Construction Safety, Health & Environmental Conference
The 2024 Construction Super Conference (CSC) will occur at The Cosmopolitan of Las Vegas from December 9 – 11, 2024, and offer continuing legal education. This year’s Call for Presentations is now open through Friday, June 7, 2024. Find the Call for Presentations here. All educational content will be selected from submissions through this Call for Presentations. The Construction Super Conference Board of Advisors will review and select the most qualified submissions for the 2024 event. Â鶹´«Ã½ is a proud sponsor of the Construction Super Conference and an Â鶹´«Ã½ representative sits on the advisory Board.
On April 18, the Mine Safety and Health Administration (MSHA) issued its final rule to better protect miners against occupational exposure to respirable crystalline silica. The final rule will not only cover contractors who operate surface mines, but also any contractor who performs construction or maintenance activities at a mine site. After the publication of the Occupational Safety and Health Administration’s (OSHA) final rule addressing exposure to crystalline silica, many surface mine operators established programs that incorporated the OSHA requirements.
The U.S. Environmental Protection Agency’s (EPA) final rule to regulate certain per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund as it is more commonly known) has cleared the interagency review process. Completion of this step signals that EPA is very close to issuing the new rule. Â鶹´«Ã½ has long discussed risk exposures for contractors associated with this regulatory approach: where contractors encounter these chemicals in earthmoving or dewatering activities. Most recently, Â鶹´«Ã½ raised these concerns to the U.S. Senate Committee on Environment and Public Works as they considered possible implications of EPA’s forthcoming rule at a March 2024 hearing. Construction companies, along with several other industries, are at risk of litigation for contamination not originating with them. Many groups, like Â鶹´«Ã½, are asking Congress to step in to protect innocent parties from liability---provisions that the law currently does not provide.
The Â鶹´«Ã½ Contracts & Construction Law page recently added significant new content. Among these updates is a new dispute resolution and mitigation subpage featuring a recent paper by Christoper Brasco of Watt, Tieder LLP entitled Mediation Uncompromised. The paper emphasizes the importance of selecting the right mediator and understanding negotiation paradigms and styles. This article summarizes the mediation best practices outlined in the paper.
The Construction Labor Research Council (CLRC) has released its annual report on Union Labor Costs in Construction. The report is useful for understanding current trends in collectively bargained compensation for union craft workers in the construction industry, providing data analyses by region and trade. It can be a valuable resource when preparing for collective bargaining negotiations, particularly when used in conjunction with CLRC’s latest Settlements Report.
The Â鶹´«Ã½ Education and Research Foundation is committed to the growth, development, and encouragement of field research initiatives to enhance the education of construction management students. In support of this vision, the Â鶹´«Ã½ Foundation commissions case studies that will provide today's construction management students the tools to build the industry's future. Cases written by faculty-contractor teams are based on actual experience and provide students with the opportunity to work through issues in a classroom setting.