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April 26, 2016

NCA ~ Agencies Expand Employee Protections: Is Your Club Prepared?

During the last few years, clubs have seen increased activity from federal agencies issuing rules and regulations protecting employee rights. The Department of Labor (DOL) announced groundbreaking proposed changes to its exempt employee tests in July 2015, the Equal Employment Opportunity Commission (EEOC) attempted to expand sex discrimination protections based on sexual orientation and transgender status, and the National Labor Relations Board (NLRB) continued to scrutinize employee handbook policies in all workplaces. This article highlights the trends emerging as a result of these agency efforts, and provides tips for clubs to address these emerging legal issues. Naturally, truly private clubs will not be impacted by some of these federal agency trends to the extent they involve the enforcement of the Civil Rights Act of 1964—a law from which truly private clubs are exempt. However, clubs must ensure that they are, in fact, truly private to avoid the possible penalties and liability before the EEOC. (See NCA’s “Privacy Checklist” on page 7.) more

April 28, 2015

Contractors Must Act Quickly to Comply with New Registration Requirements for Public Works

California public works contractors are undoubtedly familiar with the state’s prevailing wage law, under which all workers employed on a public work of improvement within the state must be paid the prevailing wage set by the Department of Industrial Relations (DIR). Until recently, the DIR’s costs of monitoring and enforcing compliance with the prevailing wage laws were paid by the awarding public agency as a cost of construction. However, in June 2014 the California Legislature enacted Senate Bill 854, which shifts this cost to public works contractors and requires all public works contractors to furnish electronic certified payroll records directly to the Labor Commissioner. These new requirements apply to all public works projects that are subject to prevailing wage laws. more

April 1, 2013

Why Can't We Contract Out Half Our Workforce?

In the wake of the economic recession that rocked the country over the past few years, cities and counties have searched for ways to trim their budgets. Because a significant proportion of a public entity’s funds are dedicated to personnel costs, solutions have ranged from layoffs to furloughs to changes in retirement benefits. In addition, an increasingly popular option has been to contract with another public or private entity to provide public services that are currently performed by an agency’s own civil service employees. more

March 31, 2012

Hauling at the Cross Roads

AB 514 radically expands the prevailing wage requirements on construction materials that are not considered covered by the Labor Code. Read the attached article in United Contractors Magazine, where Robert Fried and Tom Kovacich explain the implications of this bill. more

March 15, 2012

Thomas Lenz of the Orange County LERA Chapter one of four winners of the Chapter Star 2011 Awards

Thomas Lenz of the Orange County LERA Chapter one of four winners of the Chapter Star 2011 Awards awarded at the Annual Meeting. more

February 1, 2012

Early Warnings

The country has been struggling through a recession in the construction industry for several years now. Many economists have benchmarked 2006 as the peak of construction activity and construction employment. more

August 29, 2011

Does Concepcion Mean the Death of Gentry?

Some have argued that AT&T should not affect Gentry because it involved a consumer contract and not an employment agreement. However, the Supreme Court has clearly stated that arbitration agreements governing employment disputes are fully enforceable under the FAA, and the Court's analysis in AT&T focused heavily on the FAA and not the kind of agreement in issue. more

July 11, 2011

State to Lock in Building Workers

Local building owners and managers are fighting a proposed state law that would make it more difficult to fire security guards and other building-related workers.The bill, backed by service worker unions, would require building service contractors to keep existing workers for 90 days after a switch of contractors. more

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