Labored Thoughts

In this episode of Labored Thoughts, host Ryan Courtney and guest James “Jef” Fagan delve into the complexities of the hiring process, focusing on the critical distinction between applicants and employees. They explore the legal ramifications and best practices for employers, particularly in the construction industry, where consistent and well-documented procedures are crucial. Jef emphasizes the importance of having clear, written policies and maintaining consistency throughout the recruitment process to avoid potential legal liabilities. The conversation covers key topics such as fitness for duty tests, background checks, and the necessity of a well-crafted employee handbook that aligns with both the law and collective bargaining agreements. The episode concludes with practical advice for employers, underscoring the need for consistency and careful documentation in hiring practices to protect both the company and its employees.

Welcome back to the Labored Thoughts podcast! We're excited to introduce the NECA Labor Relations Team. Join us to learn how this dynamic team collaborates to tackle challenges, create engaging content, and drive positive change in the industry!

Today I am joined by Kevin Tighe and Larry Bradley to discuss how the NEBF and NEAP consider per diems. Because no road trip is complete without a few detours, we find our way into discussing much more about the NEBF and NEAP than we planned for. Don't miss this one!

In this episode, we are joined by James Fagan, NECA General Counsel and VP of Risk Management, as we attempt to wrap our heads around the complex issue of per diems, overtime, and the employees' regular rate of pay. Grab a pen and calculator. This is going to be fun!

DOL Per Diems - https://www.dol.gov/agencies/eta/foreign-labor/wages/meals-travel-subsistence  

DOL Regular Rate of Pay - https://www.dol.gov/sites/dolgov/files/WHD/fact-sheets/56a-regular-rate.pdf  

DOL Bonuses - https://www.dol.gov/agencies/whd/fact-sheets/56c-bonuses  

eCFR Overtime Exclusions - https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=10f50877082f08568d40dbfeaf119853&mc=true&r=PART&n=pt29.3.778#sg29.3.778_1200.sg3  

This episode runs a little longer than most, but what can I say? Chuck and I got stuck in traffic a few times on our road trip. Listen to find out if we can actually be compensated for all that time sitting in the car! 

eCFR: https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.2.45&idno=29#se29.3.785_133  

Come listen as Chuck provides invaluable advice and insight to one of our industry’s newcomers. Who knows? You might learn something too!

Come take a journey with us as we explore the origins and application of the Letters of Assent for our industry. We even throw in some tips for traveling contractors at no additional charge! 

Ever wondered where the referral practices we have originated? Spoiler! Chuck invented them...OK, maybe that isn't true, but we can answer that question and more in this episode!  

Right to work states - https://en.wikipedia.org/wiki/Right-to-work_law  

In this episode, Chuck and I discuss the in’s and out’s of Portability. Come listen to its history and practical application.

Tune in for Part II of the Data Driven Negotiations Topic. In this episode we discuss how to use and legitimize local data. BONUS: We tackle a very common argument faced at CIR at the end so stick around.