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House Committee Reports Tax Reform Legislation - Senate Outline Released
Senate Maintains Private Activity Bonds
Last week, the House Ways and Means Committee yesterday completed action on H.R. 1, the Tax Cuts and Jobs Act. The full House must now take up the measure. AGC applauded the action on the long-awaited legislation, but noted specific concerns about the treatment of pass-through businesses (S-corporations, LLC's, Partnerships, etc.) and the lack of infrastructure funding in the plan. AGC is asking you to contact your members of Congress and urge them to treat S-corps fairly as compared to C-corps and maintain incentives for public and private construction in tax reform. Also late last week, the Senate Finance Committee released an outline of its version of tax reform, which the committee will begin to consider on Monday, November 13.
The House legislation would make sweeping changes in the tax code, eliminating dozens of deductions and credits in exchange for lower rates and a much larger "standard deduction." The Senate version handles many of these changes differently, including treatment of pass-through businesses and the timing for the corporate tax reduction. AGC has prepared an initial draft comparison of the two bills which can beviewed along with the entire article byclicking here.
ODOT Posts Notice to Contractors – Discontinuing of Plans Orders:
Beginning with the January 11th, 2018 letting, ODOT’s Office of Contract Sales will no longer process orders for printed sets of plans for projects where the plan set consists of fewer than 200 pages. Orders for projects with plans of 200 pages or more may still be placed by calling their Customer Service Section at 614-466-3778. Contractors may find ordering plans of this size convenient because they are pinned rather than stapled. Plan sets for all projects will continue to be available to download from the Digital Paper site at http://contracts.dot.state.oh.us
Awarded Contractor – Conformed Sets
Conformed sets for all projects will continue to be printed and mailed to the awarded contractor.
Plan Holders Lists
Coming soon, a website will be created on the Office of Contracts website allowing the contractor to add themselves to the Plan Holders lists. Another notice will be sent when that is ready.
This change will be discussed at the upcoming Heavy/Highway Specification Committee meeting to be held at 10:00 a.m. on November 17th at OCA. In the meantime, contact Dan Stacy, Construction Letting Manager, Office of Contract Sales at 614-466-8691 or [email protected]if you have any questions.
Prizes during the Reception at Winter Conference
Are You Giving Away a Prize? At the conclusion of the winter conference casino and reception (7:00 pm on Monday, Dec. 4), four winning tickets will be drawn. Each winner will receive $500! You must be present to win. If you are an exhibitor and are giving away a gift or prize, please see Rachel Sirca at the conference if you would like to announce your winner at the same time.
OCA Winter Conference Sponsorships Available
Take this opportunity to sponsor the reception and casino night as well as the awards banquet during this year’s winter conference – our most attended event of the year! We will have large screens throughout the exhibit / reception area, displaying the names of all sponsors. We also list all sponsors in our newsletter. While the sponsorship for the reception on Monday is for associate members, all members are welcome to be a sponsor for the awards banquet on Tuesday. If you did not get the notice but wish to sponsor ($200 for each of the two events), please send Emily Pickens an e-mail at [email protected] and let her know. It’s that easy!
OCA Convention in Hawaii – Deadline Approaching!
The deadline to register for the OCA 97th Annual Convention in Kaua’i, Hawaii, is December 1. Please don’t delay as our resort needs this information! Contact Rachel Sirca with any questions.
Winter Conference Keynote Speaker’s Thoughts
We have sent you information about our keynote speaker, Matt Beaudreau, but here is some more interesting information about him, such as his thoughts on the biggest misconception that he thinks audiences have about generations. We really look forward to his contribution to our members! Information here.
2017 OCA Safety Awards!
OCA’s Jerry Keller memorial safety awards program is a great opportunity for our contractor members to showcase their safety programs and be recognized for their achievements. All OCA members are encouraged to participate!
Awards are presented in several size divisions, based on total hours worked. Recognition is also given to any contractors who achieve zero accidents and injuries during the year! This year’s winners will be announced during the Winter Conference Awards program on Tuesday, December 5th at the Hilton Easton in Columbus.
Please click here to access the application form. The deadline date for submission is Friday, November 24, 2017. Please return the completed form at your earliest convenience so that your company will be in the running for OCA’s coveted safety award! If you have any questions about the Safety Awards Program, please contact Emily Pickens or Mark Potnick in the OCA office.
Please continue the great work you do to make Ohio’s construction industry one of the safest in the country! We’ll be looking for your application, and good luck!
Sex in the Workplace
Just when employers thought that issues regarding sexual harassment were somewhat under control (dare I say “put to bed”), Hollywood reminded all of us that harassment remains an issue for employers to continue to address meaningfully. Even more concerning is that the Hollywood’s accusers are reaching back many years to recall incidents they believe were harassing. These widely publicized accusations have caused a heightened awareness by your employees of their rights and each employer’s responsibilities related to the topic. With all of this publicity, employers should anticipate facing an increase in complaints in the near term. So what is an employer to do?
Take the following actions now –
• Update, republish and reaffirm your harassment policy which must include all defined types of harassment – not just sex.
• Ensure you have a viable and accessible complaint procedure.
• Effectively train your supervisors, managers and employees on what harassment is, how to avoid it and how to deal with it.
• Have an investigation protocol, which will develop the evidence you need promptly and which will limit your liability.
• Take prompt, appropriate remedial action as warranted.
• If the claims are resolved through a written settlement agreement, retain employment law counsel to prepare a comprehensive agreement.
Your harassment policy should define unacceptable conduct, firmly state the company's position, describe the consequences of inappropriate actions, suggest informal resolution, require a written report in the handwriting of the employee immediately upon an incident being reported, inform of the investigation process but not promise that the process will take any special approach, promise no retaliation and caution against false accusations being made by employees. Does your policy do all of these things?
Training of your staff must include, among other things, information about employees recognizing that what is generally acceptable in society in a nonemployment setting may not be acceptable in the workplace. Employees must be taught that some individuals may be more sensitive than others and that it is a matter of individual perception. Ensure that your employees fully understand the policy and know the methods for reporting claims and the need for promptly reporting such. When training your employees, documentation of the training is a must.
Remember, harassment is unwelcome conduct that can be based not only on sex but also on race, religion, national origin, age, disability and other protected classifications. Harassment becomes unlawful where the conduct is severe or pervasive and unwelcome. Offensive conduct may include such things as offensive jokes, slurs, name calling, physical assault, unwelcome touching, intimidation, the display of offensive objects or pictures, email communications and other such things. Harassment can arise not only between employees but also can be caused by nonemployees who deal with your staff. Yes, you must even take action to prevent harassment of your employees by outsiders who are working alongside your employees or visiting your facilities and jobs.
Be sensitive to the fact that disgruntled employees, especially ex-employees, often strike back at employers through claims of harassment. While some employers have attempted to obtain insurance to cover these types of claims, many have found that coverage is less than what they expected. Also, the punitive damages which usually represent the largest component of any jury award generally are not covered by the insurance policy.
These claims can be expensive. So, spending a few dollars now on prevention is well justified. At no expense to you, feel free to contact OSBA Board Certified Labor and Employment Law Specialist Bob Dunlevey at Taft – [email protected] or (937) 641-1743 – for a suggested harassment policy, a checklist of items for training your employees and an investigation protocol. For more information about Taft/Law, visit www.taftlaw.com.
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