Trent Cotney, partner and construction team co-leader at Adams and Reese LLP, will explore the top legal issues regarding subcontractors. Topics will include subcontractor safety and the Occupational Safety and Health Administration multiemployer site doctrine; subcontracts and key provisions; subcontractor insurance requirements; and subcontractor quality control.
Philip Siegel, partner and shareholder at Hendrick Phillips Salzman & Siegel, will provide an update regarding the recent developments coming out of the Occupational Safety and Health Administration, which have a particular effect on the roofing industry. Siegel will discuss OSHA’s new instance-by-instance enforcement policy; its revised policy regarding grouping violations; the status of its heat illness standard; the status of its proposed rule regarding improving tracking of workplace injuries and illnesses; and its severe violator enforcement program. Also, considering the increased frequency of OSHA inspections in the construction industry, Siegel will revisit the elements of a strong unforeseeable employee misconduct defense.
Ben Briggs, partner at Adams and Reese LLP, will explore the top employment issues facing contractors, including onboarding procedures (background checks, drug screens, job interviews, etc.); work authorization (Form I-9, E-Verify, etc.); protecting your workforce from poaching and resignations; wage and hour compliance; and off-boarding procedures (compliance requirements and best practices for terminations, final paychecks, post-employment notices, etc.).
What Do We Do Next? An Update from the National Labor Relations Board under the Biden Administration
The National Labor Relations Board is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions. Under the Biden administration, NLRB has been busy revisiting and reinterpreting previous board decisions. Consequently, employers are left confused about the current state of the law regarding issues such as union organizing and when a worker is properly classified as an independent contractor, among other issues. During this session, Philip Siegel, partner and shareholder at Hendrick Phillips Salzman & Siegel, will discuss the NLRB’s latest developments and how these developments affect roofing contractors, including the board’s recent decision regarding the independent contractor vs. employee misclassification issue.
Doug Duncan, president of Nations Roof of Illinois, will provide a brief update about various NRCA initiatives.
Risk management strategies for roofing contractors involve proactive measures to prevent accidents and incidents, while reactive measures mitigate the effects of unforeseen events. A strong safety culture promotes a proactive approach to risk identification and mitigation, ensuring workers' well-being and successful project completion. Cheryl Ambrose, NRCA’s vice president of enterprise risk management, will discuss how to combine these strategies with proactive measures and human and organizational performance principles to enhance your company’s risk profile and improve overall safety and performance.
The National Environmental Policy Act of 1969 committed the U.S. to sustainability, declaring it a national policy “to create and maintain conditions under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic and other requirements of present and future generations.” During the years since NEPA was enacted, the public’s interest in sustainability has broadened, and the topic of sustainability has entered the building construction and roofing industries. Mark Graham, NRCA’s vice president of technical services, will provide an overview regarding sustainability and discuss how roofing contractors can handle sustainability requirements on roofing projects.
Overtime law is a compliance landmine field. During this session, Ben Briggs, partner at Adams and Reese LLP, will examine the common overtime landmines—who is entitled to overtime; what time counts as compensable work time (travel time? lunch breaks? wait time?); and how to handle piece rate employees, commissions and bonuses without violating overtime law—and provide practical guidance for how to navigate those landmines.
Stephen Phillips, senior partner at Hendrick Phillips Salzman & Siegel, and Leanne Prybylski, associate at Hendrick Phillips Salzman & Siegel, will discuss what they learned from the supply chain crisis and why it is important to continue to protect yourself, even though materials appear to be available and pricing seems to have stabilized. Topics will include terms roofing contractors should avoid/negotiate and manufacturers’ reliance upon certain terms to increase prices; relationships and effective communication; provisions roofing contractors should include in proposals and contracts; provisions to avoid; an explanation of force majeure; the importance of early communication and timely material order submission; material substitutions; and preserving your rights to claims.
Mark Graham, NRCA’s vice president of technical services, will address continuing concerns regarding FM Global’s field uplift test method and a new ASTM interlaboratory study showing variability in the test method; wind-speed concerns with manufacturer warranties; vapor permeability of synthetic roof underlayment; and increased emphasis on fire code compliance in roofing projects.
Trent Cotney, partner and construction team co-leader at Adams and Reese LLP, will moderate a panel discussion that includes contractors who have worked with private equity, sold their businesses or are transitioning to the next generation. The session will provide valuable insights and guidance for entrepreneurs who are planning to sell their businesses. Attendees will learn effective strategies for maximizing the value of their business, key tips for navigating the selling process and important legal considerations to ensure a smooth transaction. The session will aim to empower business owners with the knowledge and tools they need to successfully sell their businesses while minimizing potential risks and maximizing financial outcomes.
Stephen Phillips, senior partner at Hendrick Phillips Salzman & Siegel, has been providing legal representation for commercial roofing contractors for more than 40 years, including 37 years as general counsel for NRCA and the National Roofing Legal Resource Center, which he helped establish to assist roofing contractors facing legal suits. Based on his experience, Phillips will provide recommendations to help roofing contractors avoid becoming entangled in legal disputes and to place roofing contractors in a better legal position when legal claims—including Occupational Safety and Health Administration citations—arise. He also will share insights regarding the attributes of roofing contractors who have successfully met legal challenges and why roofing contractors have stumbled.