Construction Industry Workplace Law Update – Fall 2022 – Jackson Lewis

October 6, 2022
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By Martin W. Aron, Paul A. Friedman, Michael R. Hatcher, Monica H. Khetarpal, Courtney M. Malveaux, M. Christopher Moon, Robert R. Perry, Kathryn J. Russo, Christina Silva, Kristina H. Vaquera and Poonam Sethi

The changing legal landscape relating to marijuana usage means that employers, especially those with safety sensitive positions or who are subject to federally mandated compliance requirements, need to review their current policies and approaches to positive drug tests reflecting marijuana usage to ensure they follow applicable federal, state, and local laws regarding marijuana in the workplace. Read full article … 
The labor shortages faced by the construction industry as a result of the COVID-19 pandemic present an opportunity to focus on attracting a diverse pool of workers and on a renewed commitment to diversity, equity, and inclusion (DEI). Read full article …
Historically, unions have had success organizing the core manual laborers in the construction industry. The formation of the first union of architects at a private-sector architecture firm in the country suggests that union activity could spread to other types of workers. Read full article …
The Occupational Safety and Health Administration (OSHA) has published a proposed rule to restore and expand Obama-era requirements for high-hazard employers with at least 100 employees to submit their injury and illness forms electronically to the agency. Read full article …
Withdrawal liability is a statutory obligation under the Employee Retirement Income Security Act (ERISA) that any unionized employer may have to confront. Exemptions from liability include one applicable to construction industry employers. Read full article …
Awareness of the tangible business benefits of effective diversity, equity, and inclusion (DEI) practices is driving change in the construction industry. In the past, such efforts were seen as, at best, “the right thing to do.” Now, major industry companies and trade associations identify DEI as a key solution to recruiting and retaining the workers, and clients, the companies need to be successful. Read full article … 
In a case involving a drywall installation business, the New Jersey Supreme Court has provided helpful tips for employers to properly classify construction workers as independent contractors or employees and to accurately assess when to owe worker contributions to the unemployment compensation and temporary disability benefit funds. Read full article …
Please contact a Jackson Lewis attorney if you have any questions about any of these developments.
©2022 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.
Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit https://www.jacksonlewis.com.

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