Monday, March 2, 2015

REGIONAL CONSTRUCTION INDUSTRY UPDATE - MARCH, 2015



Welcome to the March, 2015 Gregory Management & Consulting Services (GMCS) REGIONAL CONSTRUCTION INDUSTRY UPDATE. 

We are focused on facilitating communication and collaboration amongst our construction employer associations, constructors, facility owners, building trades and governmental bodies with an emphasis on creating a centralized, focused community that actively promotes labor harmony, industry advancement, contractor opportunities and workforce development.


We continue to present our second annual 2014 GMCS State of Philadelphia Labor & Industry Relations report to industry stakeholders and are excited to talk about the many positive relationships and opportunities that exist for the benefit of developers, facility owners & managers and contractors.  From market stabilizing settlements, innovative and creative language that seeks to lower the overall cost of mechanical contractor installs and service crews to newly crafted pre-apprenticeship programs that create sustainable, much needed, career opportunities for the local community, all of which were established through positive, solution’s oriented, labor/management relationship within the industry.  As many industry employer associations continue to refocus their resources towards legislative affairs & political agendas in 2015, and away from providing positive industry & labor relations, GMCS Contracted Labor & Industry Relations Services has become a valuable tool for those developers, facility owners & managers, contractors and employer groups that are interested in connecting the communication dots across a highly fragmented and often dysfunctional industry. GMCS has become the only recognized, educated, experienced and reliable source for labor & industry relation’s support in the Mid Atlantic marketplace.  We are the single, unbiased, industry wide provider of labor & industry relation’s support for the entire Mid-Atlantic region assuring information sharing, professional, educated and experienced support to the entire industry along with centralized labor event tracking, data sharing and a vendor that serves each association and independent contractor. 

Having successfully resolved hundreds of matters related to area collective bargaining agreements and contractors throughout the Philadelphia metropolitan, Lehigh Valley and the entire Mid-Atlantic region, GMCS has become the only recognized, educated, experienced and reliable source for labor & industry relation’s support.  Did you know that national contractors that are interested in working within the Philadelphia marketplace contact GMCS for advice on establishing key relationships within the industry and its AEC community to gain a better understanding of the region’s collective bargaining agreements, language and contractor base?  If you or your employer associations aren’t working with GMCS, perhaps it’s time to reconsider?

Our region will once again see significant collective bargaining throughout 2015 with at least (9) Collective Bargaining Agreements that will be actively negotiated or extended in 2015.  Recent industry developments, including the creation of a new employer association of subcontractors & contractors operating throughout the Mid Atlantic region, existing labor/management relationships and the ongoing need for productive, positive relationships within the marketplace, will most certainly have an impact on this year’s collective bargaining and likely alter the BATNA’s for both labor and management.  With the reality of a new regional employer association and associated comprehensive Mid Atlantic regional collective bargaining agreement, employers and labor may have some new options and opportunities to consider.  GMCS continues to provide guidance and direction to contractors on this subject throughout the run-up and completion of collective bargaining.  Questions or comments on this matter should be directed to Wayne Gregory @ wegregory@gregorymcs.com.

Developers and facility owners and contractors find tangible value and security in GMCS’s broad regional contractor knowledge base, trusted relationships and continued participation in industry wide discussions that seek to maintain harmony between facility owners, constructors and building trades.  We accomplish this through our long standing and trusted relationships in government, management and labor through the application of collaborative engagement and open discussion.  We help project stakeholders reach mutually acceptable resolutions enabling projects, their contractors and employees to return to work quickly.  In many cases, even before the dispute reaches the project.  GMCS is filling the industry leadership void by providing an open conduit for communication amongst the region’s developers, facility owners, governmental authorities, employer associations, trades and industry stakeholders through facilitating discussions that lead to solutions.  GMCS nurtures a Culture of Collaboration, Communication and Cooperation amongst Contractors and Building Trades.  GMCS remains firmly committed to our contractors and our industry.  Developers and facility owners should consider making GMCS an integral part of their next project planning team.  We continue to be a conduit for communication amongst the region’s employer associations, trades and industry stakeholders.  Many association members and national & local contractors, have come to rely on our professional and respected service when they need estimating, bidding and or project advice. 

GMCS provides employer fee-paid recruitment services concentrating in the Mid-Atlantic construction industry marketplace.   We currently have several opportunities available with local contractors including, Project Executives, Project Managers and Estimators. Estimators with Masonry experience are encouraged to contact GMCS today.  

With over 25 years of industry contacts & experience within the Philadelphia metropolitan region and developed industry relationships to work from, GMCS has become a powerful recruiting organization in this region’s construction industry marketplace.  Our goal is to provide our clients and candidates with superior quality recruitment services while maintaining the highest degree of integrity, confidentiality and professionalism.  Go here to find out more about our Employer and Candidate Services.  In addition to employer fee-paid recruitment services, GMCS maintains an active network of experienced industry professional candidates that are currently exploring their next career opportunity.  GMCS actively markets these candidates to both regional and national firms as well as partnering recruitment agencies throughout the country.  Interested candidates and employers should contact Wayne Gregory today at wegregory@gregorymcs.com to discuss the best GMCS employment and recruitment solution for you.

This month’s newsletter is comprised of the most popular postings over the last 30 days on gregorymcs.blogspot.com.  Additional topics and subject matter may be found on the GMCS companion blog @ gregorymcs.blogspot.com.  GMCS continues to track relevant industry legislation and provide summary updates through its companion blog under the Gregory Legislative Subscription Service (GLASS) Reports. 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.  Between our companion blog at gregorymcs.blogspot.com and the newsletter, our monthly industry reach continues to exceed 4,500 industry professionals interested in discovering more about the latest Industry, Labor, OSHA, Multi-Employer Benefit Plans and HR developments here in the regional construction marketplace and abroad.  Sponsorship and marketing opportunities are available to industry stakeholders and contractors; interested firms should contact Wayne Gregory @ wegregory@gregorymcs.com for more information. 

INDUSTRY:

Real Estate: Despite the hype, Philadelphia is not as strong as it seems:

I had the pleasure of attending this year's Real Share conference in Philadelphia last week. Real Share is an annual "State of the Market" real estate conference that travels from city to city. The speakers are primarily senior brokers, area lenders and developers as well as major players in the hospitality, education and health care fields who share their views of what happened in the prior year and what to expect in the coming year.

Read more here…

STRIKE UPDATE: Construction Contractors Council, AGC Labor Division,(“DC Contractors”) and The Metropolitan Regional Council of Carpenters:

In response to the current strike with the Construction Contractors Council, several Contractors have joined together to form a new contractor association, the Mid-Atlantic Association of Subcontractors & Contractors, or “MASC.’

Read more here…

Third Comcast skyscraper possibly in the works as Center City block bought piece-by-piece:

Third Liberty Property Trust has been quietly assembling a series of properties at 19th and Arch streets in Center City for what many speculate could be the site of the third skyscraper for Comcast Corp.

Liberty is pursuing what could eventually amount to a block bound by 19th, Arch, Cherry and 20th streets. The location is cater-corner to where Liberty (NYSE: LPT) is developing the Comcast Innovation & Technology Center and is a stone's throw from the Comcast Center. Another tower in that area would establish an expanded urban campus for the cable giant and continue to push the city's Central Business District deeper into Logan Square.

Read more here…

Philadelphia’s Center City District Annual Report: Housing Sustaining Momentum:

Here is another excellent industry report from Paul Levy and the Center City District.  All developers, builders and speculators are urged to download the report as it contains comprehensive data on pricing and units in place and coming to market.

Residential construction in Greater Center City maintained a very strong pace in 2014 as 1,983 new units were brought to market, down nominally from the record level of 2,168 in 2013. This new supply included 1,358 apartments, 183 condominiums, and 442 single-family homes, with the share of for-sale units increasing from 18% in 2013 to 32% in 2014. Nearly all indicators suggest that demand has kept pace with supply and can support the additional units now under construction.

Read more here…

The MGM effect: Massive National Harbor project may drive up contracting costs for all:

The $1.2 billion MGM National Harbor resort will create thousands of jobs and drive work to hundreds of small and local businesses during the roughly two years it is under construction. But the MGM effect, according to one leading development executive, isn't all boon. It may be a drain, too, on the pockets of other developers.

Read more here…

Alexander Building Construction expanding operating room, surgical services for Susquehanna Health:

Alexander Building Construction Co. has started on a 29,100-square-foot expansion of Susquehanna Health's Williamsport Regional Medical Center.

The project includes expanding the facility's operating room and surgical services suites.

Read more here…

Construction Spending Ends 2014 at Highest Level Since 2008 as Public Outlays Turn Positive, Adding to Strength in Private Segments:

Construction spending rose in December to a six-year high of $982 billion as public construction for the year increased for the first time since 2009, according to an analysis by the Associated General Contractors of America. Association officials said President Obama's budget proposal and his suggested infrastructure funding program should help construction spending continue to grow by accelerating debate about the best way to fund repairs to the nation's aging roads, bridges, and other public infrastructure.

Read more here…

Where Have All the Construction Workers Gone?:

The buzz and hammering of construction has returned to this city, which was especially hard hit by the housing bust. The construction workers, however, have not.

At the peak of the boom, Nevada employed 146,000 construction workers, according to the Bureau of Labor Statistics. Now the state employs only 63,000, a 59 percent decrease—and a two-decade low.

Read more here…

ON MODULAR: New type of modular housing moving into New York City

Two new modular, prefabricated housing units.

"In the last two years in New York there has definitely been an upswing in development," said editor in chief Amanda Dameron of Dwell Magazine.

A new seven story apartment building called "The Stack" is the first multi-family modular building in the city, developers say, providing moderate income housing.

Built entirely at a site in Pennsylvania, the 56 modules were constructed and outfitted in a controlled environment..

Read more here…

ON MODULAR: Pennsylvania installs prefab bridges

Building a bridge takes years. That’s a problem, because many states have crumbling infrastructures, and they’re looking for ways to shore it up with limited funds.

That's why the Pennsylvania Department of Transportation is speeding things up. PennDOT is hiring a team of private contractors to quickly replace hundreds of state bridges.

Read more here….

ON MODULAR: PREFABRICATION PRODUCTIVITY:

 From a residential high-rise in New York City to low-cost hotels in Europe, the application of prefabricated and modular objects and systems continues to capture the interest of owners, architects, contractors, fabricators and product manufacturers in the building industry.

Around the world, prefabrication proponents are finding ways to apply offsite construction techniques that go way beyond repeatable systems such as bathroom pods or mechanical pipe rack to more volumetric, pioneering, semi-customized solutions that address a wide range of common construction challenges.

Read more here…

BIM EVOLVED: Trending from BIM-Driven to BIM-Dependent - BIM evolves from advantage to prerequisite:

While Henry Ford was inventing the Model T automobile as a new travel tool, he created a delivery process called the assembly line.

It shortened the manufacturing time and reduced a vehicle’s price, which significantly expanded the auto market customer-base. The real invention was arguably not the car but the assembly line process that built it. That process was adopted and integrated as the core process for hundreds of product manufacturing processes.

Read more here…

The Employment Situation Summary – January, 2015: Construction continues to add jobs, an additional +39,000 in January, 2015:

Construction continued to add jobs in January (+39,000). Employment increased in both residential and nonresidential building (+13,000 and +7,000, respectively). Employment continued to trend up in specialty trade contactors (+13,000). Over the prior 12 months, construction had added an average of 28,000 jobs per month.

Read more here…

Glance Value of Construction Put in Place at a Glance - December 2014: Construction spending during December 2014 was estimated at $982.1 billion:

The U.S. Census Bureau of the Department of Commerce announced today that construction spending during December 2014 was estimated at a seasonally adjusted annual rate of $982.1 billion, 0.4 percent (±1.3%)* above the revised November estimate of $978.6 billion. The December figure is 2.2 percent (±1.6%) above the December 2013 estimate of $961.2 billion.

The value of construction in 2014 was $961.4 billion, 5.6 percent (±1.2%) above the $910.8 billion spent in 2013.

Read more here…

DODGE – DMI: Dodge Momentum Index: January Construction Climbs 9 Percent:

The value of new construction starts climbed 9% in January to a seasonally adjusted annual rate of $621.0 billion, according to Dodge Data & Analytics. The increase for total construction was the result of an especially strong performance by the nonbuilding construction sector, which benefitted from the start of a massive liquefied natural gas terminal facility in Texas. Meanwhile, nonresidential building lost momentum for the second month in a row and residential building pulled back due to a slower pace for multifamily housing. On an unadjusted basis, total construction starts in January were reported at $43.2 billion, up 18% from the same month a year ago.

Read more here…

Architecture Billings Index: Business Conditions at Architecture Firms Soften in January:

Billings at architecture firms declined modestly in January, as the Architecture Billings Index (ABI) score fell to 49.9 (a score below 50 indicates a decrease in billings). While this was the first decline in firm billings in nearly a year, it is minute enough that it is likely to be more of a blip than a trend. And while business conditions at architecture firms frequently soften during the holiday period at the end of the year, ABI data is seasonally adjusted to minimize those effects (note that this month all historical seasonal-adjustment factors were updated, leading to some revision of historical data). Inquiries into new work remained strong, and more firms reported an increase in the value of signed design contracts in January, after a brief slowdown in December.

Read more here…

LABOR:

Collective Bargaining in 2014 Yields Average First-Year Increase of 2.3%:

Construction-industry collective bargaining negotiations settled during 2014 resulted in an average first-year increase in wages and benefits of $1.07 per hour or 2.3 percent, according to the annual year-end Settlements Report issued by the AGC-supported Construction Labor Research Council.  For newly negotiated multi-year contracts, the average negotiated second-year increase was $1.31 or 2.4 percent, and the average third-year increase was $1.37 or 2.5 percent.

Read more here…

2015 Regional Collective Bargaining Agreements for Philadelphia Commercial Construction and Heavy & Highway Contractors:

With another active year of collective bargaining ahead, owners and developers are urged to keep a close eye on the current state of labor and industry relations within the industry.

Read more about 2015 Regional Collective Bargaining Agreements for Philadelphia by going here…

NLRB Division of Advice on Making Unilateral Changes when Employer and Union are at Negotiations Stalemate:

A unionized employer did not violate the National Labor Relations Act when, after reaching a bargaining impasse with the union, it unilaterally issued a health care proposal that gave it broad discretion to make unilateral changes to certain parts of the health care plan.

Read more here…

Baylor Health Care System, Scott & White Healthcare Agree to Rescind Overly Broad, Unlawful Rules and Post and Email Notice to 35,000 employees Via Employer’s Intranet System:

The Fort Worth Regional Office of the National Labor Relations Board (NLRB) today announced that Baylor Health Care System, Scott & White Healthcare agreed to rescind various overly broad policies, including its social media policies, and post and email an NLRB Notice to all of its 35,000 employees throughout Texas in response to a complaint filed by the NLRB, Region 16 Office in Fort Worth. Baylor Health Care System, Scott & White Healthcare provides medical services throughout the state of Texas.

Read more here…

Employment Cost Index – December, 2014 - Wages and salaries increase 0.5 percent, and benefits increase 0.6 percent for the three month period ending December, 2014:

Compensation costs for civilian workers increased 0.6 percent, seasonally adjusted, for the 3-month period ending December 2014, the U.S. Bureau of Labor Statistics reported today. Wages and salaries (which make up about 70 percent of compensation costs) increased 0.5 percent, and benefits (which make up the remaining 30 percent of compensation) increased 0.6 percent.

Read more here…

Job Openings and Labor Turnover Summary – December, 2014: Construction Quits Jump while Hiring and Job Openings Rise:

There were 5.0 million job openings on the last business day of December, little changed from 4.8  million in November, the U.S. Bureau of Labor Statistics reported today. Hires (5.1 million) and separations (4.9 million) were little changed in December. Within separations, the quits rate (1.9 percent) and the layoffs and discharges rate (1.2 percent) were unchanged. This release includes estimates of the number and rate of job openings, hires, and separations for the nonfarm sector by industry and by four geographic regions.

Read more here…

Employee or Contractor? Health Care Law Raises Stakes:

The I.R.S. is emphasizing the distinction between employees and self-employed independent contractors this year, tax specialists warn. That makes it important for workers and critical for businesses that use their services to make sure to get the classification right. If you flub the answers, it could be costly.

Read more here…

Training program in Norristown prepares adult students for apprenticeships:

For young adults who have not gotten the educational boost from high school programs that they need to start their careers, a pre-apprenticeship program for the building trades has already helped eight individuals.

One graduate is in an electrical union apprenticeship program, one is in culinary school and two are attending college, said Aariann Vaughn, the project director of the program. Two other graduates are working in the masonry field and general construction. The last two graduates are working in other fields, she said.

Read more here…

Trade union asking members to accept pay cut:

In a Jan. 25 letter from the leadership for the International Union of Operating Engineers Local 955, CEO and manager Bruce Moffatt says the current price of oil leaves the industry as it stands unsustainable.

Read more here…

NLRB overturns Register Guard - Employee use of email for statutorily protected communications on nonworking time must presumptively be permitted by employers who have chosen to give employees access to their email systems:

At issue in this case is the right of employees under Section 7 of the National Labor Relations Act to effectively communicate with one another at work regarding self-organization and other terms and conditions of employment. 1 The workplace is “uniquely appropriate” and “the natural gathering place” for such communications,2 and the use of email as a common form of workplace communication has expanded dramatically in recent years. Consistent with the purposes and policies of the Act and our obligation to accommodate the competing rights of employers and employees, we decide today that employee use of email for statutorily protected communications on nonworking time must presumptively be permitted by employers who have chosen to give employees access to their email systems. We therefore overrule the Board’s divided 2007 decision in Register Guard to the extent it holds that employees can have no statutory right to use their employer’s email systems for Section 7 purposes.

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. Copies are available to associations engaged in regional negotiations.  Please contact GMCS at wegregory@gregorymcs.com today for instructions on how to receive your copy.  

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.

Union Work Stoppages Summary – 2014:

In 2014, there were 11 major work stoppages involving 1,000 or more workers and lasting at least one shift, the U.S. Bureau of Labor Statistics reported today. The 11 major work stoppages beginning in 2014 were down from the 15 major work stoppages beginning in 2013, and equaled the second lowest annual total (11 in 2010) of work stoppages since the series began in 1947. The lowest annual total was 5 in 2009. (See chart 1 and table 1.)

Read more here…

OSHA & SAFETY:

OSHA and NIOSH issue hazard alert to protect workers from silica exposure during countertop manufacture and installation

OSHA and the National Institute for Occupational Safety and Health have jointly issued a hazard alert (PDF*) about protecting workers from significant crystalline silica exposure during manufacturing, finishing, and installing natural and manufactured stone countertops.

Read more here…

OSHA: Preventing cold stress, slips on snow and ice:

Snow and ice create slips, trips and falls hazards for workers. Employers should clear snow and ice from walking surfaces and spread deicer as quickly as possible after a storm. When walking on snow or ice is unavoidable, employers should ensure that workers are equipped with footwear with good traction and insulation. Employers should also instruct workers to take short steps and walk at a slower pace so they can react quickly to a change in traction. See OSHA's Winter Weather Web page for more information on staying safe in cold weather.

Read more here…

OSHA will host second-annual Construction Fall Safety Stand-Down, May 4-15, 2015:

Every day in this country, construction workers fall. One wrong step and they're tumbling down a steeply pitched roof, sliding or dropping off an unstable ladder, or left hanging from a scaffold. The difference between an unexpected stumble and tragedy is simple: fall protection.

Read more here…

OSHA publishes directive for compliance officers for inspecting cranes and derricks:

Last month OSHA issued a directive (PDF*) for OSHA compliance officers on enforcing requirements of the Cranes and Derricks in Construction standard. The new directive provides OSHA compliance personnel with direction on performing inspections where power-operated equipment, covered by Subpart CC - Cranes and Derricks in Construction, is present on a construction worksite.

Read more here…

New web resource for residential construction employers to protect workers from falls:

To assist employers in selecting effective fall protection methods to protect workers in residential construction, a new website provides details about equipment highlighted in OSHA's Guidance Document for Residential Construction (PDF*).

Read more here…

OSHA reminds employers to post OSHA 300A injury/illness summary February through April:

OSHA is reminding covered employers to post OSHA's Form 300A, which summarizes the total number of job-related injuries and illnesses that occurred during 2014 and were logged on OSHA's Form 300, the log of work-related injuries and illnesses. The summary must be posted between Feb. 1 and April 30, 2015, and should be displayed in a common area where notices to employees are usually posted.

Read more here…

OSHA publications accessible on smartphones and tablets; Safety and Health Information Bulletins available:

If you use a smartphone or a tablet on the job, important worker safety and health information is a click away. Dozens of electronic publications can be downloaded at no cost from OSHA's Publications Web page. To order publications, contact OSHA's Publications Office at 202-693-1888.

Read more here…

New reporting requirements: Employers required to report fatalities and severe injuries and illnesses:

As of Jan. 1, 2015, employers covered by federal OSHA are now required to report work-related fatalities within 8 hours and work-related in-patient hospitalizations, amputations and losses of an eye within 24 hours of finding out about the incident.

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 urges Employers to prevent texting while driving:

OSHA reminds employers that they have a responsibility to protect their workers by prohibiting texting while driving. It is a violation of the OSH Act if employers require workers to text while driving, create incentives that encourage or condone it, or structure work so that texting is a practical necessity for workers to carry out their job.

Read more here…

OSHA National fall Prevention Program:

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:

Milliman analysis: January 2015 interest rates reach a record low of 3.38% with abysmal effect on pension funding:

The funded status of the 100 largest corporate defined benefit pension plans dropped by $90 billion during January as measured by the Milliman 100 Pension Funding Index (PFI). The $90 billion funded status decline was the eighth largest monthly drop in the 15-year history of the Milliman 100 PFI. The funded status deficit ballooned to $382 billion from $292 billion at the end of December 2014 due to the 42 basis point decline in the benchmark corporate bond interest rates used to value pension liabilities. Pension assets had a monthly above-expected return due to strong fixed income asset return and this helped to counter liability losses. As of January 31, the funded ratio decreased to 79.6%, down from 83.5% at the end of December 2014. The previous sub-80% PFI funded ratio was in December 2012.

Read more here…

Milliman US: Pension Funding Index February 2015

The funded status of the 100 largest corporate defined pension plans fell by $90 billion during January as measured by the Milliman 100 Pension Funding Index (PFI). This decline was the eighth largest monthly drop in the 15-year history of the Milliman 100 PFI. The funded status deficit ballooned to $382 billion from $292 billion at the end of December 2014. Pension assets, however, had a monthly above-expected return. As of January 31, the funded ratio decreased to 79.6%, down from 83.5% at the end of December 2014.

Read more here…

Feds place 150 union pension funds in 'critical' status:

The Labor Department says 150 union multi-employer pension funds are in "critical status," meaning that they lack enough assets to meet at least 65 percent of their future obligations.

Another 85 funds are listed as being "endangered," meaning they lack the assets to meet at least 80 percent of their future obligations.

Read more here…

Corporate pensions suffer sharp declines:

The funded status of U.S. corporate pension plans saw a sharp downturn in January, though by just how much depends on whom you ask.

Read more here…


DB plan sponsors actively look at risk management options:

Close to one-quarter (22%) of plan sponsors say they are very likely to offer terminated vested participants a lump sum window in the coming year, according to recently released data from Aon Hewitt. In addition, 19% of employers plan to increase cash contributions to reduce PBGC premiums in 2015, and 21% say they will consider purchasing annuities for a portion of their plan participants.

Read more here…

Kimberly-Clark offloading $2.5 billion in pension liabilities:

Consumer products giant Kimberly-Clark is the latest defined benefit pension sponsor to transition significant pension liabilities to the insurance industry. That trend may accelerate due to the prospect of higher pension costs attributable to increasing life expectancy reflected in the Society of Actuaries’ new mortality tables, and rising PBGC premiums.

On Monday the company announced it is offloading about $2.5 billion in liabilities for 21,000 retirees to Prudential and MassMutual in a transaction that takes effect June 1.

Read more here…

HUMAN RESOURCES:

HR: Pennsylvania Poster Update: Workers’ Compensation:

Pennsylvania has revised their Workers’ Comp Insurance notice. In addition to numerous formatting changes, they have added a statement advising that misleading or incomplete information may violate insurance fraud laws as well as a number of new claims contact information (including hearing impaired and email).

Read more here…

Nutter signs paid sick leave legislation:

By mid-May, paid sick leave will be law in Philadelphia. Mayor Michael Nutter signed legislation Thursday requiring companies with 10 or more employees to provide one hour of paid sick leave for every 40 hours worked.

Read more here…

The One Question Top Talent Wants Companies to Answer:

This is one of our first questions that we ask potential clients when taking on an executive recruiting role with their organization and a question that is answered when we take a new client in under our Employer Branding Services product. ”Why do employee candidates want to work for you?” In most cases, many hiring managers, many executives too, do not have a clear answer to this question. 

Read more here…

NLRB rulings have far-reaching impact on employers and policies:

In December 2014, the National Labor Relations Board (NLRB) delivered two major edicts that affect all employers. The first speeds up the union election process so employers will have less time to respond to a petition. The second allows employees to use employers’ e-mail systems for union organizing and other protected concerted activity, such as complaining about working conditions.

Read more here…

Anti-Harassment Policies, Training and Prompt Remedial Action Can Insulate Companies From Liability:

The recent verdict in favor of the plaintiff in the Marchuk v. Faruqi & Faruqi case reminds us that employers must take their obligation seriously to provide a harassment-free work environment. Employers, particularly in New Jersey, are often counseled that failure to implement an effective anti-harassment policy can subject the company to independent liability for illegal harassment in the workplace. Employers are also aware that they can be held vicariously liable for illegal harassment committed by their supervisors. However, many employers are not aware that maintaining effective anti-harassment policies, having adequate complaint procedures and taking prompt remedial action in response to complaints can avoid litigation and provide a safe haven from vicarious liability for alleged supervisory harassment. This protection should serve as motivation for employers to regularly publish an effective anti-harassment policy and complaint procedure and conduct regular anti-harassment training. 

Read more here…

DOJ Says Title VII's Sex Discrimination Prohibition Includes Gender Identity – Employers Should Consider Policy Revision:

U.S. Attorney General Eric Holder has announced that the Department of Justice (DOJ) now takes the position that Title VII's prohibition against sex discrimination includes discrimination based on gender identity, including transgender status. In a press release issued December 18, 2014, the Attorney General stated that he has informed all DOJ component heads and U.S. attorneys in a memo that the department will no longer assert that Title VII's prohibition against discrimination based on sex excludes discrimination based on gender identity per se, including transgender discrimination.

Read more here…

To dock or not to dock? That is the question:

One of the most common questions I hear from employers involves when they can or can’t dock employees’ paychecks. It’s very tempting to use an employee’s paycheck as a way to recoup losses you’ve incurred because of her actions, especially when, as a practical matter, there will never be any other way to collect the debt from her. However, you should exercise caution when docking an employee’s paycheck because  federal and state laws limit the deductions that can legally be made. 
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 2015.

Sincerely,
Gregory Management & Consulting Services
Audubon, PA 19403
On the web: www.gregorymcs.com

The information contained within this e-mail is provided free of charge to you as a service to the industry.  Any information or advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon by you or any other person, for the purpose of (i) avoiding penalties, or (ii) promoting, marketing or recommending to another party any advice addressed herein. This e-mail contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the Individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or copying of this e-mail is strictly prohibited.

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