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Age Discrimination in Employment Act – 1967 Protects people 40 – 65 from being fired

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. Wage and Hour Laws. Davis – Bacon Act (1931)

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Age Discrimination in Employment Act – 1967 Protects people 40 – 65 from being fired

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  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 contractor’s 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

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