UNDERSTANDING CONSTRUCTION LABOR LAWS

Is your construction complying with federal, state and local labor laws? The rigors of doing day-to-day business in order to meet client demand inevitably becomes the focus of any construction firm, regardless of how much they desire to maintain an "employee first" attitude. Thus, it's easy to slip on one or more of the 180 federal laws administered and enforced by the U.S. Department of Labor.

PAY ATTENTION TO THESE CONSTRUCTION LABOR LAWS AND STAY OUT OF TROUBLE
That's right, the U.S DOL has written 180 laws and your state and local municipalities may have a few of their own. It's almost impossible to keep track of all of them but the following laws are the ones that are most apt to get you in trouble if you aren't current in your Employee Handbooks and Safety Manuals or if you simply aren't paying attention.

The good news is that even the DOL realizes the average business owner doesn't have time to research and remain current on 108 separate laws. Thus, they have divided them into categories, highlighting and summarizing the most significant of these laws. Their summaries include the following:

Wages & Hours. Not only must your company comply with federal and state minimum wage regulations (Texas minimum wage is currently set at the federal minimum level of $7.25/hour), you must also pay careful attention to overtime and other regulations pertaining to wages and hours. In most instances, your employees must be paid one-and-a half times their current rate for anything over 40-hours per week. Thus, if you have an employee that works more than 40-hours per week at minimum wage, his or her wage would be $10.88 per hour.

While its understandable that employers overlook things like legal documentation and overtime pay in order to keep costs down, we recommend setting a higher bar for your company. Make sure all of your workers are legally documented, pay them a living wage and make this information known to prospective customers, clients and the public at large via your website, social media postings, contracts and paperwork, etc. The more transparent construction employers make their hiring practices to the public, the more apt the public is to ask potential contractors regarding their hiring and fair employment/workplace practices. This will put many of your competitors in the lurch and make you a shining star!

Workplace Safety & Health. It is your job to provide a safe and healthy workplace for your employees. To this cause, the government established the Occupational Safety and Health Administration (OSHA). Health and safety laws for the construction industry are overseen by OSHA and OSHA-approved state programs. Your job sites can be inspected by a certified OSHA safety inspector at any time, without warning or notice, and citations that are not dealt with in a timely manner can result in hefty fines and penalties.

If you haven't reviewed OSHA construction labor laws in a while, it's time to send a project manager and/or your designated OSHA safety manager for a free consultation with your local OSHA office. OSHA is happy to help you draft a company health and safety policy and to ensure you are abreast on current laws and provisions.

Worker's Compensation. The construction industry is rife with daily activities and job requirements that can result in workplace injuries. Unfortunately for employers, cumulative injuries from repeat work activities - like lower back or neck injuries - can also qualify for worker compensation. Make sure your company is up-to-date on current workers compensation policies.

Create an open-door and-open communication policy, requiring workers to report injuries immediately so proper attention and follow-thru are possible. Your aforementioned health and safety program should include information regarding workplace ergonomics and best practices for lifting, digging, climbing, carrying heavy loads, etc. Managers should be encouraged to cite instances where employees have been warned about their unhealthy actions, i.e. lifting a heavy load without proper form or a brace, to show that workers have been informed. Ultimately, if an employees is injured on your watch, the company is responsible for his or her healthcare costs, rehabilitation and potentially their disability - temporary or permanent in nature.

Family Medical Leave Act. Does your construction company have more than 50 employees within a 75-mile radius of your worksite? If so, you are probably beholden to the Family Medical Leave Act, which allows an employee to take up to 12-weeks of unpaid leave without jeopardizing his or her employment. Leave can be taken after the birth of a new baby or the acquisition of a child placed for adoption or foster care, to care for the employee's spouse or parent or to tend to a serious medical condition that affects the employees ability to work.


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