Construction Industry Labor and Employment Law, with 2018 Cumulative Supplement

This treatise provides construction contractors, property owners and managers, trade associations, and their counsel with tips, practical examples, and strategies to avoid legal pitfalls in the unique landscape of construction industry labor and employment law. It discusses issues including wage and hour laws, discrimination claims and affirmative action requirements, permanent hires versus project-by-project hiring, collective bargaining issues unique to the construction industry, and much more.



The construction business has always differed from other industries in its employment patterns and contracting relationships, and has even developed certain separate legal doctrines, many of which developed due to the short and occasional nature of construction work and the need for employers to know their labor costs before bidding. Construction Industry Labor and Employment Law discusses the many unique employment-related aspects of the industry, from general labor and employment law principles to a multitude of specific issues.

This book gives construction industry employers and contractors strategies to avoid legal pitfalls and navigate the unique legal circumstances that define the industry. Written by attorneys involved in some of the leading cases in the industry, the book features useful tips and practical examples. Perspectives highlighted in the book include those of attorneys representing construction contractors, property owners and managers, and trade associations. 

Major areas covered include:

  • Wage and Hour and Government Contract Laws
  • Equal Employment Opportunity in the Construction Industry
  • Safety and Workers' Compensation Laws
  • NLRA Concerns
  • Trust Fund and ERISA Issues

The treatise also includes 37 separate appendices providing practical guidance from the Management, Neutral, and Union perspectives.


  • Unique Employment and Legal Features of the Construction Industry
  • Wage and Hour Issues
  • The Davis-Bacon and Related Acts
  • Project Labor Agreements
  • Equal Employment Opportunity: Generally Applicable Laws
  • Equal Employment Opportunity Laws Applicable to Government Contractors, Subcontractors, and Federally Assisted Contracts
  • Special Equal Opportunity Issues Associated With Hiring Halls and Apprenticeship Programs
  • Safety and the Occupational Safety and Health Act
  • Workers' Compensation Issues
  • Statutory Background of Special National Labor Relations Act Rules
  • Common-Situs Picketing
  • Union Organizing
  • Bargaining Unit Determinations and Voter Eligibility Rules
  • Collective Bargaining
  • Grievance Handling in the Construction Industry and Grievance Arbitration
  • Union Economic Weapons and Their Limitations
  • Employer Responses to Union Job Actions, Particularly Common-Situs Picketing and Other Demonstrations
  • Dual Shop Operations
  • Special Issues in Construction Associated With Union Job Stewards and Company Foremen
  • Union Hiring Hall and Job Referral Procedures
  • Apprenticeship Programs
  • Job Targeting
  • Construction Labor Relations and the Antitrust Laws
  • Union Trust Fund Benefit Plans
  • Multiemployer Pension Withdrawal Liability
  • Appendices / Table of Cases / Index



The 2018 Cumulative Supplement updates the treatise with analysis of topics including:

  • Paid sick leave rules in government construction and service contracts
  • Retention of workforce when Section 8(f) construction agreements expire
  • Change in NLRB case law on appropriate bargaining unit in the construction industry
  • New joint employer cases compared to dual shop arrangements
  • Application of the non-statutory antitrust exemption to union activities
  • Whether illegal hot cargo contract clauses can exempt union activity from antitrust scrutiny


Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.

James W. Wimberly, Jr. is a senior principal at Wimberly, Lawson, Steckel, Schneider & Stine, Atlanta, GA.


Martin H. Steckel is a senior principal at Wimberly, Lawson, Steckel, Schneider & Stine, Atlanta, GA.


Les A. Schneider is a senior principal at Wimberly, Lawson, Steckel, Schneider & Stine, Atlanta, GA.