My colleague, Greg Wright, Director of Nevada Operations, and I attended the luncheon hosted by ABC – Associated Builders and Contractors – on July 25th. The venue was Carmine’s Restaurant at Forum Shops at Caesars Palace, Las Vegas, and the presenters were Warren B. Hardy II, former Nevada State Senator, and Matt Cecil, Holland & Hart, labor attorney. The luncheon was entitled “Changes in Construction Law and How They Will Affect You.” The topic was a great attention grabber for us, because the more we keep abreast of the law and any changes, the better equipped each of us at Giroux Glass is to help guide our partners and business units. The main lectures focused on changes specific to Nevada labor law and new legislation that affects non-union contractors and subcontractors.
Former NV State Senator, Warren B. Hardy II, was extremely insightful and entertained everyone as he discussed several interesting aspects of this topic, but I have to say that Matt Cecil, of Holland & Hart truly captivated me with his passionate desire to support and protect the construction industry in general, and his clients, in particular. My main take-away was that ABC is providing apprenticeship training to certain trades, and plans to expand this program. This is a different approach and the Nevada construction industry will be following this development closely.
The bills we discussed included:
SB 207: Requires a contractor or subcontractor to comply with certain requirements relating to the use of apprentices on public works.
AB 190: Under existing law, a contractor may discharge his or her obligation to pay prevailing wage by providing “bona fide fringe benefits.” AB 190: defines exactly what bona fide fringe benefits should entail, and how they should be paid. AB 190 also requires prevailing wage to be paid on certain public private partnerships, limits the freezing of prevailing wage to 36 months, rather than the length of the project, and prohibits a public body from using a reverse auction bidding process. Finally, AB 190 eliminates the prohibitions on a public body from requiring or prohibiting project labor agreements.
AB 132: AB 132 would prohibit employers from refusing to hire an employee based on a positive drug test for marijuana. However, the bill does not apply to jobs that in the employer’s sole determination impacts the safety of others, and does not apply if it conflicts with existing employment contracts.
AB 136: Decreases the prevailing wage threshold from $250,000 to $100,000.
SB 312: Requires an employer in private employment to provide paid leave to each employee of the employer under certain circumstances.