News Summary
The 2025 Construction Conference in Charlotte focused on equipping leaders with strategies to navigate legal changes and risks. Key issues included noncompete agreements, overtime rules, and insurance coverage. Experts emphasized proper compliance with labor laws and the importance of new regulations from agencies like OSHA. The conference also highlighted the necessity for collaboration among builders and regulatory bodies to ensure safe and affordable housing developments.
Charlotte, North Carolina – The 2025 Construction Conference focused on equipping construction business leaders with tools to mitigate risks while navigating ongoing legal changes and industry challenges. During the event, experts discussed essential topics such as noncompete agreements, changing overtime rules, and the importance of proper insurance coverage to protect businesses from potential liabilities.
Emily Massey, a specialist in employment law, reminded attendees that contrary to popular belief, noncompete agreements are still enforceable. She encouraged workforce attendance to regularly review these agreements alongside legal counsel to ensure compliance. The current minimum salary threshold for classifying an employee as exempt from overtime pay stands at $684 per week, or approximately $35,568 annually. As overtime exemption guidelines continue to evolve, companies are advised to consult with human resources experts regarding complicated regulations.
Adding to the ongoing conversation about labor laws, there are indications that the Trump administration may seek changes to overtime rules in the near future. Employers were also cautioned about the significant risks associated with misclassifying independent contractors, which primarily depend on the control employers exert over these contractors.
The National Labor Relations Board (NLRB) played a prominent role during the Biden administration, and recent predictions confirmed the removal of its General Counsel in the current administration’s approach. In another key discussion, the Occupational Safety and Health Administration (OSHA) is proposing new regulations to prevent heat-related hazards in the workplace. A public hearing is scheduled for June 16, 2025, to address these proposed measures, which include requirements for regular breaks and hydration when the heat index exceeds 80°F and specific monitoring for heat illness at or above 90°F.
As federal agencies and contractors adapt to new regulations, Executive Order 14173 issued on January 31, 2025, prohibits illegal diversity, equity, and inclusion (DEI) policies while still encouraging compliance with Title VII of the Civil Rights Act, thereby careful in its approach to regulate DEI initiatives.
Legal strategies were also a focal point at the conference, with commercial litigation attorney Luke Tompkins introducing the Notice of Contract as a crucial tool for general contractors to protect themselves against subcontractor liens. This Notice must be prominently displayed at job sites and filed within 30 days of obtaining a building permit to be valid. This filing effectively shifts the responsibility to subcontractors to maintain their right to file claims, thereby providing an added layer of security for general contractors.
The session delved into the distinctions and limitations of commercial general liability (CGL) insurance, as explained by insurance expert Jeff Stoddard. Notably, CGL insurance does not cover substandard work or repairs already accounted for in original contractor agreements. To enhance risk management, contractors were advised to include indemnification clauses in contracts and require themselves to be listed as additional insureds on subcontractors’ insurance policies. It was emphasized that miscommunication with insurers could result in coverage denials, thus the importance of managing representation in disputes and responses to licensing board complaints was highlighted.
Looking ahead, decisions made at the conference hinted at potential legislative changes impacting housing construction and safety standards, particularly within North Carolina. Legislators were cautioned about the emerging safety risks associated with proposals that aim to scale back construction regulations and inspections. The implications of such actions are deeply intertwined with both affordability and public safety considerations.
Finally, the importance of collaboration among builders, local governments, and regulatory bodies was underscored to ensure safe and affordable housing developments. The conference aimed to foster cooperative strategies to address the pressing challenges faced by the construction industry today.
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Additional Resources
- Ward and Smith: Construction Conversations Legal Update
- JD Supra: The Site Report on Construction Law
- WBTV: New North Carolina Laws Could Make Homes Less Safe
- National Law Review: House Bill 47 on Building Codes
- Mondaq: Building Momentum at the 2025 Construction Conference
- Wikipedia: Construction
- Google Search: Construction Law
- Google Scholar: Construction Safety Regulations
- Encyclopedia Britannica: Construction Industry
- Google News: North Carolina Construction Laws
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