Jaime Huckeba’s Post

It seems likely that the ban on non-competes will be delayed because of litigation challenging the rule. However, construction contractors and other business owners should discuss their situation with an attorney for guidance on what to do to protect their business in case the ban does go into effect. https://buff.ly/4bsb68S #noncompete #construction #employmentlaw #employers

It seems likely that the ban on non-competes will be delayed because of litigation challenging the rule. However, construction contractors and other business owners should discuss their situation with an attorney for guidance on what to do to protect their business in case the ban does go into effect. https://buff.ly/4bsb68S #noncompete #construction #employmentlaw #employers

I'm very surprised this falls under the purview of the FTC. I anticipate legal challenges. But overall, the vast majority of non-competes are wielded horribly and have a punitive impact on employees. In many instances, what businesses really need are good Non-Disclosure agreements that their proprietary processes/products cannot be shared with other companies - which is perfectly legitimate. But telling an employee they can't work for any kind of competitor for years after they separate, or in some cases, do freelance work on the side during employment is very hurtful to career advancement. It's really just a way to suppress wages while keeping employees scared of losing their job. It's an old HR tactic leftover from the industrial era that needs to go away.

Solid overview of positive effects in banning noncompete clauses.

#BuildingAct #ResourceManagmentAct Imposing fines and taking legal action is crucial for those who jeopardize public safety. I fully support the councils in this initiative. More resources should be dedicated to this cause. If people conduct business without the required approvals for profit, the councils must create a strong deterrent. I've heard individuals say that tough times justify skipping resource or building consent. There should be no justification for failing to obtain approval/s. The Building Act and Resource Management Act are vital and must be enforced.

🚧 News for the Construction Industry! 🚧 👷♂️ Attention all contractors and construction enthusiasts! A new independent contractor rule has officially taken effect this past March 11, and we're here to keep you in the loop. 🔍 This rule clarifies the distinction between employees and independent contractors, bringing clarity and direction to our industry. It's a game-changer, providing valuable insights into how businesses operate and how workers are classified. 💼 What does this mean for you? Stay informed to ensure compliance with these regulations. Understanding the changes empowers us to adapt and thrive in this dynamic industry. Check the article on Construction Dive for further information and knowledge: https://lnkd.in/einSTFPY Share your thoughts and opinions in the comments below! #ConstructionNews #IndependentContractors #BuildingTogether #ConstructionArticles #Contractors #ConstructionWorkers #CommercialConstruction #CarraBuilders

Releasing its submission to the Albanese Government’s review of the Secure Jobs, Better Pay and Closing Loopholes legislation, Master Builders Australia has highlighted the cumulative impact of certain changes on the building and construction industry. The abolition of the Australian Building and Construction Commission (ABCC) and the repeal of the Building and Construction Industry (Improving Productivity) Act have caused significant adverse outcomes for the industry. The submission also focused on changes to enterprise bargaining and union right of entry provisions. The first 18 months following these changes have seen a rapid re-emergence of a range of industry-specific practices, unlawful conduct and unproductive workplace restrictions. The building and construction industry has a long history of being plagued by a range of illegal and unlawful behaviour by certain people and organisations which, as one Royal Commission found, has created a “culture of systematic corruption and unlawful conduct, including corrupt payments, physical and verbal violence, threats and intimidation”. To address this, Master Builders has produced a document entitled Breaking ‘Building Bad’ which outlines a range of proposals for law reform to ensure positive industry cultural change is achieved and remains lasting. Quotes attributable to Master Builders Australia’s CEO Denita Wawn: “You only need to look at the multitude of media reports focusing on the building and construction industry, in particular the CFMEU, to know the Albanese Government has made a mistake. “We have a housing crisis in Australia and some of these laws undermine industry efforts to build the homes and supporting infrastructure communities are crying out for. “Despite pleas and warnings from the industry, regulatory agencies did not tackle these problems given the limitations in their remit and resources. “It was only after media broke stories around the CFMEU that the Government sought to act, including placing the union into administration, but there’s still a long way to go to have lasting, positive and tangible change. “We have seen the union right of entry provision exploited for industry purposes while undermining the importance of safety on worksites. “Master Builders remains highly critical of these aspects of the legislation and calls for industry-specific laws, rules and oversight that are fit for purpose and help achieve the desired outcome of more productive and safe workplaces. “This review should give the Government an opportunity to reflect and hit the reset button on legislative overreach with severe unintended consequences.”

The Pitfalls of Out-of-State Workers’ Compensation Coverage for Contractors https://loom.ly/O9ba2wk #construction #building #architecture #contractor #constructionmanagement #constructionindustry #constructioncompany #constructionproject #constructionlife #constructionworker #constructionsite #constructiontechnology #constructionmaterials #constructiondesign #constructionjobs #constructionbusiness #constructionnews #constructiontrends #constructiontips #constructioninsights #constructionupdates #constructioninnovation #constructionleadership #constructionstrategy #constructionplanning #constructionprocess #constructionefficiency #constructionsuccess #constructiongrowth #constructiongoals #constructionchallenges

The Andrews and Allan governments have spent a decade passing the buck about complaints about taxpayer-funded sites. It says industrial relations is a matter for the project builders, and that even if it wanted to investigate IR issues those powers were ceded to the Commonwealth in the 1990s. Some global construction giants had resisted the CFMEU’s bid for more control before the pandemic, but those battles have gone quiet. Those companies now appear content to shrug shoulders and pass costs down the chain, figuring it would be better to deal with the devil than have jobs delayed and budgets torpedoed by union delegates expert at shutting down sites. https://lnkd.in/gi-h7SeN

A few years ago I was dealing with some challenging issues that had the potential to cause significant havoc for the construction industry and I reached out to a former senior leader for counsel. He provided me with his thoughts and suggestions but then he also lamented "I am the old man out". In May this year I was contacted by a PHD student undertaking a research project on the topic of safety culture in the construction industry. I was recommended as a point of contact even though I had been out of the industry (i.e. I left Master Builders) for five years. My involvement in the industry in the last five years limited to occassionally helping builders with OHS right of entry issues. My description of the safety culture was that there is no culture. I suggested that the CFMEU were in such a position of power and had so much control over builders, with safety abused by union officials (ARREO) and HSR's (stop works). Those issues, combined with grossly inflated labour costs borne out of the industry agreement that was put in place by two tier one contractors and the Master Builders Association of Victoria, had created an environment in which the costs of undertaking construction in Victoria had elevated to such an extent that private sector investors would seriously question whether they would build in this State. I also explained how the takeover of the industry had been facilitated by a corrupt Labor Government and WorkSafe. I explained that the same situation existed in Queensland and also explained how the cost implications flow downstream to the housing sector. The words bikies, or criminals, never entered the discussion once. That came out through 'Building Bad' about one month later. It is hard to differentiate a group of muscle bound figues coming onto a building site behind a CFMEU Official with a Notice of Suspected Contravention in his hand from being CFMEU respresentatives, or other. I don't think anyone would have imagined the events of today taking place so quickly. In some ways it is a sad day as the CFMEU actually did do some exceptional things for their members, particularly supporting workers and families following injuries or through poor health. I hope this can continue. The appointment of the administrator won't undo the EBA. It won't undo the grossly inflated wages or the multitude of extremely dodgy inclusions that were agreed to. It won't address industry bargaining practices or the question of whether the participants conducted themselves properly as 'bargaining agents'. It won't enable builders and subcontractors to walk away from the agreements that they were coerced into and it won't repay the subcontractors that lost thousands when they were replaced by the CFMEU's 'preferred' contractors. I remain the 'old man out'. https://lnkd.in/gRMJzdsD