The key to a successful construction project often lies in how much work you do long before the first shovel of dirt is turned. But where should an owner or developer focus their time and resources for the best possible result?

The Federal Trade Commission (FTC) issued a much-debated “Final Rule” earlier this year that banned most noncompete agreement nationwide. On July 3, 2024, a federal judge in Texas issued a preliminary injunction that delays enforcement of the Final Rule against certain plaintiffs, who are seeking to block the rule permanently.

A federal judge in Texas granted a preliminary injunction on June 28, 2024, barring the July 1, 2024, effect of a new U.S. Department of Labor (DOL) overtime regulation that would have increased the salary threshold for automatic overtime eligibility under the Fair Labor Standards Act (FLSA).

In a 9-0 decision, the U.S. Supreme Court recently sided with Starbucks Corp. over the National Labor Relations Board (NLRB) in a decision that would severely delay the process for the NLRB to obtain preliminary injunctions for employees discharged during labor disputes.

The U.S. Supreme Court recently ruled that a mandatory job transfer might be considered an “adverse employment action” under federal anti-discrimination law. Following this decision, which creates a lesser standard for employees bringing discrimination claims, employers can expect more HR and legal involvement in job transfers so as to not run afoul of Title VII of the Civil Rights Act of 1964.

In an expected but still potentially paradigm-shifting move for employers, the Federal Trade Commission (FTC) has issued a “Final Rule” banning most noncompete agreements nationwide.

The U.S. Department of Energy recently released the first federal blueprint to decarbonize the building sector, which accounts for over a third of the nation’s planet-warming greenhouse gas emissions.

On March 11, 2024, Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois granted plaintiffs’ motion for a preliminary injunction prohibiting the Illinois Department of Labor (DOL) from enforcing the “equivalent benefits” portion of Section 42 of the Illinois Day and Temporary Labor Services Act (DTLSA).

Gould & Ratner presents the next installment of our Construction Interview Series. As a continued effort to keep our clients informed of current trends in the construction industry, we will continue to periodically sit down with leaders at influential companies to discuss their insights.

Throughout the past few years, the construction industry has been plagued with myriad issues, including supply chain constraints, labor shortages and material procurement problems, among others.