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March 1, 2016

"ABC - The Construction Association of Choice"   

DOL Releases Guidance Defining Joint Employment

On Jan. 20, the U.S. Department of Labor (DOL), Wage and Hour Division Administrator David Weil released a detailed Administrator's Interpretation (AI) and related guidance on the definition of joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).  The new DOL guidance comes on the heels of recent, controversial expansion of the joint employer definition by the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA). According to the new DOL guidance, joint employment occurs "when an employee is employed by two (or more) employers such that the employers are responsible, both individually and jointly, to the employee for compliance with a statute."  In keeping with this broad definition, the AI provides multifactor tests to assist with the identification of horizontal and vertical joint employment, its two most common forms. The AI also gives examples of several industries, including construction, in which joint employment is likely to arise (e.g., workers who work for a sub-contractor and possibly a general contractor). 

To read more, click here.

NRLB Extends Ban on Captive-Audience Meetings Prior to Mail Ballot Elections

In its Jan. 29 decision in Guardsmark, LLC, the National Labor Relations Board (NLRB) extended its restriction on captive-audience meetings in the run up to a mail ballot union election by an additional 24 hours. Captive-audience meetings occur when an employer holds a group campaign meeting with employee voters during work hours to oppose union representation. The NLRB prohibits these meetings in the 24 hours leading up to the "scheduled time for conducting" a manual election; however, the NLRB had not imposed a similar preliminary ban in mail ballot elections until the Guardsmark decision.

To read more, click here.

ABC Urges House Appropriators to Roll Back Job-Killing Regulations

On Feb. 17, ABC sent a letter to the U.S. House of Representatives Committee on Appropriations Subcommittee on Health and Human Services, Education, and Related Agencies Chairman Tom Cole (R-Okla.) and Ranking Member Rosa DeLauro (D-Conn.) expressing concern over several regulations issued by the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). 

To read more, click here.

Edifice Unveils Plans for New Headquarters

Eric Laster, President/CEO of Edifice shared, "For the past 20 years Edifice has called the old Coca-Cola Bottling plant on West Morehead Street home. While we are saddened to be leaving this historic building, we are excited about our growth and look forward to the future of the Scaleybark neighborhood and the revitalization that will happen there". Edifice will manage the construction and anticipates a November 2016 move-in.

To read more, click here.

New ABC Members February 2016
  1. Siemens
  2. Alpha Insulation & Waterproofing Co.
  3. All Carolina Crane Rental of Wilmington, LLC
  4. HJ Foundation
Executive Club Member of the Month: 
Brasfield & Gorrie

For more information regarding Brasfield & Gorrie, 



ABC Calendar of Events


March Events


2 - SC Hard Hat Day-Columbia


9 - Triangle Breakfast


17 - Triad Social


22 - Coastal Luncheon


24 - Charlotte "Pime Time"


29 - Fayetteville FireAntz Social



ABC Calendar of Training


March Training


10- CQM - New Bern


18 - First Aid/CPR - Coastal


 ABC of the Carolinas 

2016 STEP Application Deadline 6/17/2016

For more information regarding STEP application submissions, click here.

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 Contact Laura Riley

(704) 367-1331


Contact Information 

Charlotte Office & Carolinas Construction Institute:
610 Minuet Lane
Charlotte, NC 28217
p: 704.367.1331
f: 704.367.1380
Triangle Office:
821 Perry Road
Apex, NC 27502
p: 919.267.6428
f: 919.267.6546
Low Country Office:
1276 Royal Troon Ct.
Mt. Pleasant, SC 29466 
p: 843.860.3634
f: 888.664.6172


Government Affairs:
821 Perry Road
Apex, NC 27502
p: 919.267.6428
f: 919.267.6546