November 29, 2022

Volume XII, Number 333

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November 28, 2022

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Construction Industry Workplace Law Update – Fall 2022

Medical Marijuana and the Construction Job Site

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 … 

Greater Diversity in Construction Helps All

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 …

Architecture Firm Recognizes First Private-Sector Architects Union

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 …

OSHA to Require More Contractors to Report Injuries and Illnesses Online

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 and The Building and Construction Industry Exception

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 …

Second Annual Construction Inclusion Week: October 17-21, 2022

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 … 

Guidance for Classification of Construction Workers Provided by New Jersey Supreme Court

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 …

Robert R. Perry, Kathryn J. Russo, Christina Silva, Kristina H. Vaquera and Poonam Sethi also contributed to this article.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 276
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About this Author

Martin Aron, Jackson Lewis, family medical leave lawyer, whistleblowing attorney
Principal and Office Litigation Manager

Martin W. Aron is a Principal and Litigation Manager of the Morristown, New Jersey, office of Jackson Lewis P.C. For nearly 30 years, he has represented employers in all facets of labor and employment matters.

Mr. Aron acts as lead regional employment litigation counsel to a major communications company. Mr. Aron has represented employers in cases involving claims of discrimination on the basis of age, sex, sexual harassment, race, national origin, religion, sexual orientation and disability. He is also experienced in...

973-451-6370
Paul A. Friedman, Jackson Lewis, ERISA plan sponsors lawyer, fiduciaries attorney
Principal

Paul A. Friedman is a Principal in the White Plains, New York, office of Jackson Lewis, P.C. He has tried more than 35 jury trials and hundreds of arbitrations and bench trial on all aspects of ERISA.

Mr. Friedman has more than 35 years of experience in litigating cutting edge ERISA issues before the United States Department of Labor, United States district courts, bankruptcy courts and courts of appeal on behalf of employers, plan sponsors and fiduciaries of ERISA plans across a wide breadth of industries, including...

(914) 872-8060
Principal

Michael R. Hatcher is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He has over 22 years of experience representing a wide range of clients, from Fortune 500 corporations to government agencies, in corporate diversity, employment law and government relations.

Mr. Hatcher provides diversity, employment counseling, and crisis management services to organizations seeking to enhance their diversity programs, performance, and profile. He is skilled at reviewing and assessing existing policies and procedures;...

703-483-8328
Monica H. Khetarpal, Litigation Experience, Discrimination, Wage and Hour Violations, Jackson Lewis Law Firm
Principal

Monica H. Khetarpal is a Principal in the Chicago, Illinois, office of Jackson Lewis P.C. Her litigation experience includes cases involving claims for discrimination, harassment, wage and hour violations, FMLA violations, disability discrimination and requests for accommodation in both single plaintiff and class action matters. She regularly handles matters at all levels, from administrative agencies to appeals in both state and federal courts.

Ms. Khetarpal focuses a significant portion of her practice on representing higher education clients and serves as co...

312-803-2529
Courtney Malveaux, OSHA Lawyer, Employment, Richmond, Virginia, Jackson Lewis Law Firm
Principal

Courtney Malveaux is a Principal in the Richmond, Virginia, office of Jackson Lewis P.C.

Mr. Malveaux represents employers cited by the Occupational Safety and Health Administration and other regulatory agencies. He also advises and represents employers in employment law matters, including retaliation claims, employment discrimination, unemployment benefits and wage claims. Mr. Malveaux also represents business associations in state and federal legislative and regulatory matters.

Mr. Malveaux represents industry on the Virginia Safety and...

804-212-2862
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