Construction

Littler has become the employment and labor law firm of choice for some of the nation’s most recognizable names in the construction industry. With clients that include both national and local construction industry trade associations and employers in every sector of this diverse industry, our attorneys understand the particular legal issues confronting today’s construction workplace. We represent and counsel construction contractors, subcontractors, suppliers, developers, and owners in all aspects of labor and employment law. Littler’s role as general counsel to the Associated Builders and Contractors national trade association has placed our firm at the forefront of national labor policy counseling and litigation challenges.

The construction industry faces many workforce challenges including union organizing campaigns, collective bargaining and arbitrations, strikes and picketing. Construction industry employers need equal employment advice, representation in wage and hour class actions and wrongful discharge litigation, and employee handbook review and drafting. Our many government contractor construction clients call upon us for compliance and defense help in dealing with the Davis-Bacon Act and state prevailing wage laws, the Office of Federal Contract and Compliance Programs (OFCCP) affirmative action requirements, apprenticeship mandates and government-mandated project labor agreements. Littler attorneys also assist many construction employers in the compliance with the Occupational Safety and Health Administration's (OSHA) unique safety requirements for the industry.

Our Experience

• Littler represents coalitions of contractors and associations challenging government rules impacting the construction industry at the federal and local levels
• Littler attorneys regularly train construction managers on hot topics in labor law, including the latest rule changes at the National Labor Relations Board (NLRB), immigration enforcement, union picketing and organizing, wage and hour class actions, and employee harassment claims
• Littler shareholders have won precedent-setting court victories affecting construction industry employers, up to and including the Supreme Court
• Littler appears regularly before the NLRB in defending contractors in union organizing campaigns and unfair labor practice charges
• Littler attorneys defend contractors' compliance with both state and federal prevailing wage laws (Davis-Bacon Act)
• Littler advises construction apprenticeship training programs on regulatory compliance, with appearances before federal regulators and state apprenticeship councils
• Littler attorneys audit contractors' I-9 (employment authorization) forms and train managers in how to reduce the risk of fines and penalties under the immigration laws
• Littler lawyers regularly counsel construction contractors regarding discipline and termination issues including how to minimize the risk of litigation
• Littler attorneys engage in collective bargaining with numerous construction unions and defend contractors in matters relating to such bargaining
• Littler counsels employers and trust funds on the Employee Retirement Income Security Act (ERISA) compliance and withdrawal liability
• Littler lawyers defend OSHA citations and litigation on behalf of numerous construction contractors
• Littler provides harassment prevention training and defense of discrimination claims against contractors
• Littler provides wage and hour counseling and defense of individual and class action suits for claims of underpayment of wages in the construction industry
• Littler helps construction contractors comply with government contract affirmative action requirements and defends OFCCP investigations
• Littler drafts and litigates the enforceability of employee non-compete and trade secret agreements
• Littler was lead counsel in the successful effort to block the NLRB’s nationwide Notice Poster Rule in the D.C. Circuit Court of Appeals on behalf of the construction industry, and is currently leading the construction industry’s legal challenge against the NLRB’s so-called “quickie” election rules