Age Discrimination in Employment Act

1

• Age Discrimination in Employment Act 1967
• Protects people 40 65 from being fired
• 25 or more employees
• Americans with Disabilities Act 1990
• Firms with 15 employees
• Cannot discriminate against a qualified
  individual

2
Wage and Hour Laws

• Davis Bacon Act (1931)
• Determines the minimum wage and fringe benefits
  that a person must be paid on a federally
  assisted job
• Applies to all projects over 2000
• Federal minimum wage rates published every Friday
  in the Federal Register
• Copeland Act (1934)
• Anti-kickback law
• In effect wherever Davis - Bacon is in effect

3

• Fair Labor Standards Act (1938)
• Wage and Hour Law
• Governs
• Minimum wage
• Maximum hours
• Overtime pay
• Equal pay
• Child labor standards
• Employers who violate law are liable for 2x
  unpaid wages and overtime costs legal fees

4

• Equal Pay Act (1963)
• Amended Fair Labor Standard Act
• Cannot pay one sex more than the other for equal
  work
• Minimum age 16
• Contract Work Hours and Safety Standards Act
  (1962)
• Says workers must be paid at least 1x the basic
  rate for hours over 8 per day or 40 per week

5

• States also have wage rate laws
• State rates are used on jobs in state using state
  
• If project uses both federal and state then
  higher rate applies

6

• National Apprenticeship Act ( 1937)
• Promote cooperation between management and labor
  in developing apprenticeship programs
• 1971 Bureau of Apprenticeship and Training
  approved national apprenticeship standards
• Open shops could now have apprentices

7

• Ethnic Minorities and Women in Construction
• Public Works Employment Act (1977)
• 4B in subsides for construction projects
• But had to be at least 10 minority companies,
  subs, subcraftman, suppliers
• Minority Business Enterprise (MBE)
• Woman or minority owned
• Sprang up as a result of Act
• Many woman owned businesses today

8

• Labor Relations
• RPR is not involved in labor-management problems
  on construction site
• Collective Bargaining in Labor relations
• Under National Labor Relations Act both
  management and Labor must bargain in good faith
• Usually Associations of GC will negotiate with
  Unions
• Master Labor agreements result

9
Construction Safety

• Congress passed OSHA in 1970
• Imposed national standards on construction
  industry
• States could each pass their own version of OSHA
  but had top be at least equal to Federal
• Imposes strict safety and health standards

10

• OSHA prepared a 1 volume reference Part 1926 to
  deal with construction rules and regulations
• Pg 226 list

11

• General Responsibility for Construction Safety
• Management supported accident prevention program
• GC is held liable by OSHA for project
• Subs must also have safety programs which the GC
  must monitor
• Sub is also liable to OSHA

12

• Owner Participation in Safety Program
• 2 views
• Stay away from safety program
• Local public agencies and private firms
• Limits liability
• Do not review or participate in development of
  safety program
• Do not review contractors safety performance
• If you encounter a safety hazard take appropriate
  action

13

• Get involved
• Federal, state projects and utilities
• Agency or utility shares responsibility for the
  hazards on a construction site
• Reduce risk by participating in prevention
• Party in control is liable