Welcome to the February, 2014 Gregory Management & Consulting Services REGIONAL CONSTRUCTION INDUSTRY UPDATE. The Gregory Management & Consulting Services REGIONAL CONSTRUCTION INDUSTRY UPDATE is well into its second year of circulation. Between our companion blog at gregorymcs.blogspot.com and the newsletter, our monthly industry reach continues to touch thousands of industry professionals interested in discovering more about the latest Industry, Labor, OSHA, Defined Benefit Pension Plan and HR developments here in the Philadelphia construction marketplace and abroad. Sponsorship opportunities are being made available to local employer associations, industry stakeholders and contractors; interested firms should contact Wayne Gregory @ wegregory@gregorymcs.com for more information. 2014 has brought about change to the newsletter as we have transitioned into a fee based model. Gregory Management & Consulting Services will still continue to provide valuable, industry specific news updates via the REGIONAL CONSTRUCTION INDUSTRY UPDATE, at no charge, in a scaled down version; a majority of the fee based information will still be offered at no charge on our companion blog at gregorymcs.blogspot.com.
The process of change continues in the industry as we enter into February, 2014. Just a few short weeks into the year and we have learned that our Philadelphia skyline will be experiencing another significant change with the addition of the new Comcast Technology and Innovation Center. This new 59 story structure brings with it 6,300 construction-related jobs, 4,000 permanent jobs created in Pennsylvania, including 2,800 permanent jobs that will be in Philadelphia. Congratulations Mack Stulb and the entire L.F. Driscoll team for bringing another monumental project out of the ground. Gregory Management & Consulting Services recently delivered an abstract to a regional owner and sub contractor group on the quickly changing construction model here in Philadelphia as the signatory general contractor makes room in the industry for the flexible and agile construction manager model; this model, quickly gaining popularity in Philadelphia, capitalizes on the industry’s experienced subcontracting contractor community and the “Best Trained” and most “Highly Skilled” workforce available. Finally, the region experienced a significant consolidation in the jurisdiction of several regional trade councils into the Philadelphia marketplace. Contractors signatory to Carpenter agreements from the former Mid-Atlantic Regional Council of Carpenters from Virginia, Washington D.C., Maryland and the former Greater PA Regional Council of Carpenters, counties of Berks, Lancaster and Carbon counties in Pennsylvania, were all merged into the Metropolitan Regional Council of Carpenters here in Philadelphia. The new geographical jurisdiction now includes 10 counties in Southeastern Pennsylvania, the entire State of Delaware, most of the State of Maryland, Washington D.C. and the State of Virginia. The Metropolitan Regional council of Philadelphia has increased its locals from 17 to a new total of 32 local unions further capitalizing on its economies of scale, efficiencies in operations and centralizing the labor relation’s function over a larger area. Gregory Management & Consulting Services (GMCS) has received numerous calls for information and support from contractors and associations impacted by these geographical jurisdiction consolidations. With these consolidations and market changes, GMCS has answered your call and responded by expanding our Contracted Labor & Industry Relations Services to include the entire Mid-Atlantic region. Association members and Independent signatories affected by these geographic jurisdictional changes are urged to contact Wayne Gregory at GMCS, wegregory@gregorymcs.com, today to discuss how these changes could impact your organization and operations. Having successfully resolved hundreds of matters related to area collective bargaining agreements and contractors throughout the Philadelphia metropolitan and Lehigh Valley regions, GMCS is your single, recognized, educated, experienced and reliable source for labor & industry relation’s support. Every organization is unique and your obligations and liabilities may change based on your existing operational models, area of operation, structure and signatory obligations as a result of these recent changes. Association members interested in receiving these valuable and informative support services through their associations should contact their board of directors and request a free consultation. Independent signatories affected by these geographic jurisdictional changes are urged to contact Wayne Gregory directly at GMCS, wegregory@gregorymcs.com. All industry contractors and associations can benefit significantly from these changes by centralizing their labor Relations function through GMCS. Wouldn’t it serve your organizations and membership to be a part of a larger, centralized management side labor relations structure?
Collaboration from a centralized and experienced labor relations professional that serves every association executive and their contractors assures reliable, trusted support, open collaboration and an understanding of what is going on in the industry. Labor has recognized the benefit of centralizing labor relations and operations as evidenced by this most recent consolidation. A single provider of industry Labor Relations Support to the this region assures information sharing, professional, educated and experienced support, centralized labor event tracking and data sharing and a vendor that serves each association and not just one single association’s board of directors. This is the new model in management side construction labor relations. Great progress will only be realized when we choose to work together.
GMCS provides neutral, contracted Association Management and Labor & Industry Relations support to many of our associations, contractors, facility owners and industry stakeholders. We are focused on facilitating communication amongst our construction employer associations, constructors, facility owners, building trades and governmental bodies with an emphasis on creating a centralized, focused community that promotes industry advancement, contractor opportunities and workforce development. Please accept this informative newsletter containing relevant industry topics that can impact your associations and organizations. GMCS is always available to provide clarification or additional information on any of the topics contained within.
This month’s newsletter is comprised of the most popular postings over the last 30 days on gregorymcs.blogspot.com. They are listed by the following categories: INDUSTRY, LABOR, OSHA, MULTIEMPLOYER PENSION PLANS, HUMAN RESOURCES. Additional topics and subject matter may be found on the GMCS companion blog @ gregorymcs.blogspot.com. GMCS will continue to track relevant industry legislation and provide summary updates on its companion blog. Associations and organizations that subscribe to the GMCS GLASS Reports receive timely updates to each piece of legislation impacting their organizations as they occur along with a listing of the bill’s primary and co-sponsors. GMCS provides an annual legislative affairs subscription service that monitors and reports on the daily activity of the PA General Assembly to Associations and organizations in all industries throughout the Commonwealth. This is accomplished through our specialized GLASS Reports product. Current GLASS Report recipients include numerous commercial & residential contractor associations, labor organizations, transportation management associations and local & regional governmental bodies. Please contact GMCS @ wegregory@gregorymcs.com to discuss your organization’s needs and how you can benefit from this informative and essential service.
INDUSTRY:
Local
companies get millions from Pa. for projects: A list of local projects that
will receive RACP funding in the coming year:
O’Neill Properties Group, Hankin Group
and Braskem America Inc. were among the local companies to receive million of
dollars in state taxpayer funds for various projects.
Philadelphia County received the most
money and had the largest number of projects to get funds. Among those that got
funding were Philadelphia Energy Solutions, which is a partnership between the
Carlyle Group and Sunoco Inc. It received $5 million. Fox Chase, Thomas
Jefferson University, Temple Health, the Children’s Hospital of Philadelphia
and St. Christopher’s are health-care entities in Philadelphia that were
awarded money.
Read more here…
Comcast,
Liberty Property to construct new $1.2B skyscraper:
Liberty Property Trust and Comcast Corp.
will construct a new $1.2 billion skyscraper on a surface parking lot at 18th
and Arch streets in Center City amid the cable giant’s plans to add 1,500 new
jobs.
Read more here…
CONSTRUCTION FIRMS EXPECT GROWING DEMAND IN
2014 AS CONTRACTORS PLAN TO START HIRING AND ADD NEW EQUIPMENT, BUT WORRY ABOUT
WORKER SHORTAGE:
As Industry Grows Firms Will Contend with
Rising Costs, Regulations and Tougher Competition.
Many firms plan to start hiring again and
most contractors predict demand will either grow or remain stable in virtually
every market segment this year according to survey results released today by
the Associated General Contractors of America. The survey, conducted as part of
Optimism Returns: The 2014 Construction Industry Hiring and Business Outlook,
provides a generally upbeat outlook for the year even as firms worry about
growing worker shortages, rising costs and the impact of new regulations and
federal budget cutting.
Read more here…
The Data behind the report: Construction Firms Expect Growing Demand in 2014 as Contractors Plan to Start Hiring and Add New Equipment:
Many
firms plan to start hiring again and most contractors predict demand will
either grow or remain stable in virtually every market segment this year
according to survey results released today by the Associated General
Contractors of America. The survey,
conducted as part of Optimism Returns: The 2014 Construction Industry Hiring
and Business Outlook, provides a generally upbeat outlook for the year even as
firms worry about growing worker shortages, rising costs and the impact of new
regulations and federal budget cutting.
See
regional and state by state data here…
Casino bidder vows diversity in construction hiring:
PHL
Local Gaming LLC, whose $428 million Casino Revolution proposal is one of five
casino bids seeking one license, has brought on an Atlanta builder, H.J.
Russell + Co., which built the Omni Dallas Convention Center and Phoenix
Convention Center and is ranked by Black Enterprise magazine as one of the Top
100 African American-owned businesses in the country. This spring, it will
start construction on the Atlanta Falcons' new, $1 billion stadium.
Read
more here…
5 ways
virtual modeling can improve facilities management:
Building
information modeling (BIM) has become standard practice for design and
construction, but often little attention is paid to what happens to model data
post-construction.
At
Skanska, we’re engaging with our clients to think about ways we can use BIM
data to help improve the entire lifecycle of a building, not just its
construction. For a facility owner, that’s where BIM can have the most
long-lasting benefits.
Read
more here…
Sochi's 'kinetic façade' may steal the show
at the Winter Olympics:
This
is probably one of the most visually stunning facade applications to date. With the continual merging of light,
electric, photovoltaic and now kinetic technologies into glazing and other
exterior screen installations, one can only imagine what our building exteriors
could look like in just a few years from now?
Who would have imagined that this was possible only a year ago?
Read
more here…
Multi-Employer Association and
Nonprofit 2014 IRS Update – Executive Officer and Board:
An
annual update from the IRS; valuable information for Association Executives and
Board of Directors:
Links
to IRS Phone Forum: Governance help for exempt organizations
Links
to current Form 990 series forms/instructions & significant changes
Read
more here…
The World’s “First” 3D-Printed House Begins Construction - 3D Printing Industry:
In
March of last year, Ari gave an in-depth review of the 3D Print Canal House,
what is projected to be the “first” 3D printed house. At that point in time, the architects of
Dutch firm DAS had built the printer, titled KamerMaker XL (Dutch for “room
maker”), and were in the process of printing 1:20 scale parts the building.
Less than a year has passed and DAS is moving onto the big show, the actual 3D
printing of the components for the “first” 3D printed house.
Read
more here….
Manhattan megaproject over rail yards picks up steam:
The
site has been under construction since December, 2012, when Related and Oxford
began building an office tower at 10 Hudson Yards, the only building in the
development to be located entirely on terra firma. The companies will break
ground on the platform over the eastern rail yard this month. This time next
year every building in the eastern section of the development will be under
construction. Once the eastern rail yard is completed in 2018, the companies
will begin building a second deck over the western rail yard.
Read
more here…
Six legislative actions to ignite the construction economy: AIA submits its key legislative priorities for Congress, with a focus on jobs, energy efficiency, and growing the economy:
The American Institute of Architects (AIA) today announced its “punch list”
for Congress that, if completed, will ignite the construction economy by
spurring much needed improvements in energy efficiency, infrastructure and
resiliency and create jobs for small business
“America needs to create more jobs, to strengthen communities, and find
help for millions of young people to succeed in the new economy,” said Robert
Ivy, CEO of the American Institute of Architects, "so we've created a
punch list—a term that enumerates unfinished items in a construction
contract.".
Read more here…
Thirteen
Mid-January Economic Nuggets:
The
employment gains in the latest U.S. jobs report from the Bureau of Labor
Statistics (BLS) may have been tepid but the potential of the U.S. economy is
continuing to heat up. This is most evident in the foreign trade statistics.
November’s goods and services deficit fell to its lowest level since the
recession of 2008-2009.
Given
the robust 4.1% “real” (i.e., inflation-adjusted) gross domestic product (GDP)
growth rate in 2013’s Q3, a worsening trade deficit might have been expected,
based on historical patterns. Such thinking is out-of-date. Now, vast increases
in U.S. oil and gas reserves, thanks to wide-spread “fracking”, have reduced
dependence on outside sources of energy.
Read
more here…
GLASS Report: Legislative Action Alert: House Bill 1941:
HB1941:
An Act amending the act of January 17, 1968 (P.L.11, No.5), known as The
Minimum Wage Act of 1968, repealing preemption provision.
Read
more here…
GLASS Report: Legislative Action Alert: House Bill 1942:
HB1942:
An Act amending the act of January 17, 1968 (P.L.11, No.5), known as The
Minimum Wage Act of 1968, further providing for minimum wages.
Read
more here…
Another Decline for Architecture Billings Index: Continued strong demand for multi-family residential projects:
Washington,
D.C. – January 22, 2014 – Following consistently increasing demand for design
services throughout most of 2013, the Architecture Billings Index (ABI) has
posted its first consecutive months of contraction since May and June of 2012.
As a leading economic indicator of construction activity, the ABI reflects the
approximate nine to twelve month lead time between architecture billings and
construction spending. The American Institute of Architects (AIA) reported the
December ABI score was 48.5, down from a mark of 49.8 in November. This score
reflects a decrease in design services (any score above 50 indicates an
increase in billings). The new projects inquiry index was 59.2, up from the
reading of 57.8 the previous month.
Read
more here…
LABOR:
2014 Regional Agreements Expiring –
Philadelphia Region:
The
region will once again see Collective Bargaining Agreements expiring in 2014
that represent a significant amount of the workforce and employers. The outcome of these negotiations will
influence regional negotiations throughout 2015, when we will once again see a
significant amount of our region’s Collective Bargaining Agreements expire.
Read
more here…
JURISDICTION: Philadelphia Regional Update
– Philadelphia Regional Update – Geographic Jurisdictional Changes - All
Contractors with Signatory Obligations to the Metropolitan Regional Council of
Carpenters – Philadelphia, Greater Pennsylvania Regional Council – Pittsburgh
or the former Mid-Atlantic Regional Council:
Gregory
Management & Consulting Services has received numerous client inquiries
regarding the January 8, 2014 letter from the Greater Pennsylvania Regional
Council, Pittsburgh and the Metropolitan Regional Council of Carpenters,
Philadelphia detailing a market consolidation across three regional councils
and multiple states throughout the entire Mid-Atlantic region. This
consolidation impacts signatory contractors in Virginia, West Virginia,
Washington D.C., Maryland, Delaware and Pennsylvania.
Read
more here…
NLRB PRESS RELEASE: The NLRB's Notice Posting Rule:
The National
Labor Relations Board (NLRB) has decided not to seek Supreme Court review of two
U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule,
which would have required most private sector employers to post a notice of
employee rights in the workplace.
Read more here…
National Labor Relations Board formally rescinded its "quickie
election" rule:
On December 22, 2013, the National Labor
Relations Board formally rescinded its "quickie election" rule
consistent with the district court’s decision in Chamber of Commerce of the
U.S. v. NLRB.
Read more here…
Regional
Collective Bargaining Settlement Sheets available:
GMCS has compiled a detailed settlement report defining the regional trade
settlements from last year’s collective bargaining as well as detailing the
previously negotiated settlements for trades and associations.
Complimentary copies of the GMCS Regional Settlement Sheets are available to
those associations that contributed to the creation of the Regional Settlement
Sheets. Copies are also available to those associations not engaged in
active negotiations at this time. Please contact GMCS at wegregory@gregorymcs.com today for
instructions on how to receive your copy.
Court Blocks Threatened Union Strike Over Sale of Food Distributor to
Non-Union Buyer:
The court granted Will Poultry, Inc., the
largest locally-owned, full-time beef, pork, poultry, seafood, kosher and
international food distributor in Western New York, a preliminary injunction
barring Teamsters Local 264 from pulling the company’s approximately 60
unionized employees off the job, and jeopardizing the sale of the company by
its 86-year-old owner, Donald Will, to a potential buyer who intends to keep
the business in Buffalo and retain some of its employees. It took the company
three years to find the prospective purchaser and enter into an asset purchase
agreement.
Read more here…
GMCS is the Philadelphia Region’s Leading Labor Relations Solutions Provider:
A recent study by the Center for Construction Research and
Training indicates that work site conflict costs, on average,
$11,000.00 per incident. GMCS provides contracted labor relations
services to many of the region’s employer associations, contractors, facility
owners and industry stakeholders helping you to avoid those costly
conflicts. With two
levels of affordable annual agreements costing less than 50% of the cost of an
average conflict, contracted
labor relations services can help your organization stay on schedule and
budget.
Contact wegregory@gregorymcs.com for your
consultation today.
Operating Engineers rejoin Building Trades Department:
After nearly eight years since leaving, the International
Union of Operating Engineers rejoined the AFL-CIO Building and Construction
Trades Department on Jan. 1.
Read more here…
Bureau of Labor Statistics' 2013 Union Membership Report:
U.S. Secretary of Labor Thomas E. Perez has issued the
following statement regarding the department's Bureau of Labor Statistics
report released today on union membership in 2013:
"Today the Bureau of Labor Statistics announced
that, in 2013, the unionization rate of employed wage and salary workers was
11.3 percent. Among private-sector employees, the rate was 6.7 percent.
Read more here…
Wage Increases Likely to Improve in 2014, BNA Wage Trend Indicator
Predicts:
Workers in the
private sector likely will see the rate of annual wage increases pick up later
this year, according to the final fourth-quarter Wage Trend Indicator™
(WTI)released today by Bloomberg BNA, a leading publisher of specialized news
and information.
The index
increased for the first time since the first quarter of 2013 to 98.82 (second
quarter 1976 = 100) from 98.70 in the third quarter.
Read more here…
OSHA:
The Center for Construction Research and Training: Help for contractors dealing with airborne silica proposals:
Work
Safely with Silica One Stop Resource
The
Center for Construction Research and Training has created a new website as a
resource tool for those needing to deal with new airborne silica proposals.
Work Safely with Silica has information about the "latest on regulatory
efforts, news articles, examples of what other contractors are doing and
related scientific research," and a tool to help you estimate the hazards
of particular jobs.
Read
more here…
Man rescued from roofing collapse in Buckingham:
Firefighters and paramedics worked for
close to an hour to free a man trapped when a roof under construction collapsed
in Buckingham on Thursday morning.
First responders, using airbags, freed
the man and he was airlifted to Temple University Hospital in Philadelphia,
according to Greg Jakubowski, chief of the Lingohocken Fire Co. The wood-frame
office building on Heritage Center Drive partially collapsed before 9 a.m.
while workers were bracing roof trusses, the chief said.
Read more here…
How Cold is Too Cold? Tips to Protect Outdoor Workers in
the Winter:
The National Weather Service is warning
much of the country about the polar vortex, an arctic air mass that is pushing
much of the eastern and central U.S. down to record cold temperatures.
During this wave, workers are at
increased risk of cold stress. Increased wind speeds can cause the air
temperature to feel even colder, further increasing the risk of cold stress of
those working outdoors.
Read more here…
OSHA Winter Weather Page:
Winter
weather creates a variety of hazards that can significantly impact everyday
tasks and work activities. These hazards include slippery roads/surfaces,
strong winds and environmental cold.
Learning
how to prepare for work during the winter, protect workers from the cold and
other hazards that can cause illnesses, injuries, or fatalities, is essential
to maintaining a safe work environment and completing tasks successfully.
Read
more here…
OSHA hosts informal public meeting, extends comment period on proposed rule to improve tracking of workplace injuries and illnesses:
On
Jan. 9-10, 2014, OSHA hosted an informal public meeting in Washington, D.C.,
attended by 26 stakeholders representing labor unions, industry, professional
associations and others who provided the agency with information and testimony
regarding the proposal to amend current recordkeeping regulations to add
requirements for the electronic submission of injury and illness information
employers are already required to keep under existing standards, Part 1904. The
proposal does not add any new requirement to keep records; it only modifies an
employer's obligation to transmit these records to OSHA. To further encourage
public participation on the proposed rule, OSHA has extended the comment period
30 days.
Read
more here…
Alliance with Scaffold and Access Industry Association renewed to protect workers from scaffold hazards:
OSHA
has renewed its alliance with the Scaffold and Access Industry Association to
provide information and training to protect the safety and health of workers
who use scaffolds and lift equipment. Through the alliance, OSHA and SAIA will
work to reduce and prevent fall and caught-in-between hazards and issues
related to frame, mast climbing and suspended scaffolds and aerial lift
equipment.
Read
more here…
OSHA compliance planning calendar:
Occupational Safety and
Health Administration (OSHA) regulations and standards include numerous
training, posting, or other compliance actions that are required annually or at
other regular intervals. There are a number of issues you should consider for
your compliance planning calendars.
Read more here…
Annual FORM 300's are due: Employers Must
Post OSHA Recordkeeping Summary by February 1st:
The
Occupational Safety and Health Administration (OSHA) has made a public
announcement reminding employers that they must post the total number of
job-related illnesses and injuries that took place through the course of a
year. The statement must be provided by the end of April, 2014. The form to be
focusing on is the Form 300, and not the 300 Log provided by OSHA. The forms
are accepted from February 1, 2014, until April 30, 2014.
Read
more here…
Recent fatalities serve as reminder to ensure worker safety during demolition:
Demolition workers face many hazards, and
employers must ensure that all workers involved in a demolition project are
fully aware of hazards and safety precautions before work begins and as it
progresses.
Recently, a 25-year-old construction
worker in Chicago was struck and killed by pieces of falling concrete while
conducting renovations on a shopping mall. OSHA’s Chicago North Area Office is
investigating the incident. This latest tragedy follows the June 5, 2013,
collapse of a four-story building undergoing demolition in Philadelphia that
killed six people and injured 14.
Read more here…
Prevention Videos
(v-Tools);
Every year in the U.S. more than 800
construction workers die and nearly 137,000 are seriously injured while on the
job. Construction workers engage in many activities that may expose them to
serious hazards, such as falling from rooftops, unguarded machinery, being
struck by heavy construction equipment, electrocutions, silica dust, and
asbestos.
The videos below show how quickly workers
can be injured or killed on the job and are intended to assist those in the
industry to identify, reduce, and eliminate construction-related hazards.
Read more here…
OSHA National fall
Prevention Program Continues:
Falls
are the leading cause of death in construction, and OSHA is working with NIOSH
and the National Occupational Research Agenda to get the word out about how to
"Plan, Provide, Train" to prevent fatal falls. To learn more, please
check out OSHA’s Fall Prevention Campaign resource page here…
MULTI-EMPLOYER PLAN UPDATE:
A defined benefit plan that’s actually on
the rise:
Cash
balance plans may be an anomaly for the defined benefit industry in that they
actually increased during the Great Recession.
According
to John Guido, principal at provider research firm Retirement Research Inc.,
there was a minor increase in the retirement vehicle in 2007, but then “pretty
rapid growth” from 2008 through 2011. Especially rising in growth with
companies at the low end of the market, which he characterizes as those with
less than 50 employees and in the couple hundred thousand to about $5 million
in assets range, cash balance plans comprised 10% of the overall defined
benefit universe in 2008 and have risen to 20% of all plans now.
Read
more here…
Rising
interest rates and a strong stock market contributed to a strong year for
defined benefit plans, according to recent research from Towers Watson, with
pension plan funding levels rising by
16% last year, the highest level since 2007.
At
the end of 2013, aggregate pension funded status was projected to hit 93%, a
large gain over 2012’s 77%. However, this is still below 106% in 2007. Since
2012, overall pension plan funding grew by $285 billion, with a $99 billion
deficit.
Read
more here…
Milliman
analysis: Pension funding ratio climbs to 95.2% at year-end 2013:
Combination
of an 87-basis-point surge in interest rates and an 11.2% investment gain
powers a historic year in pension funded status improvement. 2013 ends with
one-year funded status gain of $318 billion, making it the best year for
pension plans in the 13-year history of the Milliman 100 PFI.
Read
more here…
U.S. Corporate Pension Funded Status Hits 95.2% in 2013:
The collective funded status of pension
plans administered for U.S. public companies experienced a rally to 95.2% when
2012 ended, according to studies issued by Milliman and BNY Mellon.
Competing studies released Tuesday
highlight that pension plan funded gaps saw extreme improvements, which proved
to lift up each group’s overall funding status.
Read more here…
HUMAN RESOURCES:
New Jersey Employer Posting Requirements
take Effect on January 6, 2014:
New Jersey employers
with 50 or more employees will be required to post and distribute a gender
equity notice (“Notice”) to employees in New Jersey beginning January 6,
2014. Additionally, employers will be
required to obtain acknowledgement of receipt of the notice by all existing and
new employees after January 7, 2014.
The Notice informs all
current and future employees that employers may not discriminate “against an
individual with respect to his/her pay, compensation, benefits, or terms, conditions or privileges of employment
because of the individual’s sex.” It
also advises employees of their rights under federal and state laws and
provides contact information for state and federal agencies.
Read more here…
Preserving documentation in case of a
lawsuit:
“I know we had an
e-mail/videotape/memo about that, but I can’t find it.” You might be surprised
to learn that lawyers are often told there’s a key piece of evidence that would
help in the defense of an employment claim, but the client just can’t seem to
track it down. Let’s look at some common mistakes employers make when
preserving evidence.
Read more here…
Making job descriptions live and breathe,
not sit dusty in the files:
The task of writing
and revising job descriptions may sound dull, but at the same time be daunting.
With so much to consider—essential versus nonessential functions, varied job
responsibilities, experience and education requirements, etc.—the job can be
mind-numbing. Then throw in the legal issues to consider, including things like
how to prevent discrimination and wage and hour claims, and the job can get
overwhelming.
Read more here…
Quell
Compassionate Impulses—Or Face ‘Regarded As’ Claims:
Fentin,
who is a partner in the Springfield, Massachusetts, law firm Skoler, Abbott
& Presser P.C., points out the two poles of dealing with employees with
chronic illnesses:
Supporting
the employee with chronic illness
Managing
the employee with the chronic illness.
Balancing
these two needs isn’t easy.
Read
more here…
‘I’ve got a chronically ill employee’—Balance Compassion and Business:
It’s
one of HR’s most difficult dilemmas—how to balance your compassion for a
chronically ill employee with your legitimate business concerns.
As
an HR person, you care about people, says Attorney Susan Fentin. Your impulse
is to help; however, if the situation is driving the business down, you may not
be able to help. You need to balance these sometimes-competing interests, and
that’s not often easy.
Read
more here…
Effective Responses to EEOC Charges - Make a good first impression.:
Getting a charge from
the U.S. Equal Employment Opportunity Commission (EEOC) isn’t the way most HR
professionals want to start the day. The number of disability discrimination
and retaliation charges has been on the rise, and charges based on age, gender
and national origin discrimination also have increased. No matter what the
allegation is, every company should respond promptly, thoroughly and
effectively to an EEOC charge.
Read more here…
Wage and Hour Compliance Priorities for
2014:
It is easy for us to recommend that
employers conduct regular and comprehensive wage and hour audits that examine
all facets of the employer’s pay practices to ensure compliance with the myriad
of wage and hour laws. After all, the
news in the area of wage and hour law continues to be discouraging for
employers. Year after year, wage and
hour class-based litigation and government enforcement actions continue to
increase. Each year brings a new record
number of Fair Labor Standards Act (“FLSA”) claims filed in federal court. Smaller employers increasingly are targeted,
as plaintiffs’ law firms have improved their efficiency in identifying and
litigating potential wage and hour claims.
There is no indication that any of these negative trend lines are
improving any time soon for employers.
Read more here…
A
(Very basic) Guide to Writing an Employee Handbook:
When
you start your own company, having an employee handbook may not seem all that
important. But only with time you realize that this is one of the most significant
pieces that you need to have, not just to tell your employees what you want
from them, but also to communicate to them what they can expect from you. It is
one of the most important tools of communication between employers and
employees so it needs to be chalked out well.
Coming
up with a good handbook is again not too simple. There are many things to look
after and you probably don’t know where to start from. In that case, here are a
few points that will help you in writing a well-structured employee handbook.
Read
more here…
Where Job Descriptions Fail and How to Fix Yours:
Even when they are accurate to begin with
(not always the case), it’s all too easy for job descriptions to get out of
date, and that causes all sorts of problems, practical and legal, for
employers.
The most typical problems have to do with
job specifications that are inaccurate. They either require something that
isn’t truly required or they describe duties that are no longer relevant.
Read more here…
Manage lost productivity, absenteeism during Super Bowl and Olympics:
An estimated 1.5 million employees call
in sick the Monday after the Super Bowl, according to global survey data from
Kronos, the world’s leading provider of workforce management technology. After
Sunday’s big football face-off, workers have the Winter Olympics to watch and
discuss, as well as March Madness, meaning businesses around the world are sure
to see a downtick in employee attendance and productivity.
Read more here…
This e-mail newsletter has been provided complimentary to Associations and
industry stakeholders by Wayne Gregory of Gregory Management & Consulting
Services (GMCS). Wayne
Gregory has been the recognized regional leader in the areas of Labor & Industry
Relations since 2005 and is continuing to serve the industry and its
multi-employer Associations under the GMCS
brand, Knowledge, Trust, Integrity
and a unwavering commitment to Serve
the industry. From Association Management & Executive Leadership
services, Owner Representation, Government & Legislative Affairs
& Subscription Services and Labor & Industry Relations, let GMCS help
your Associations and organizations to forge a new and clear path forward.
We hope that you enjoy the new newsletter format and welcome all comments
and suggestions regarding these changes. You may forward those to Wayne
Gregory @ wegregory@gregorymcs.com.
Best wishes to all for a safe, prosperous, healthy & harmonious 2014.
Sincerely,
Gregory Management & Consulting Services
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