October 21, 2019 CONNECT WITH OCA 

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2019 OCA Winter Conference

There are still a few rooms left at the Hilton on both Sunday and Monday nights but they are filling fast. Room block closes November 8. You will want to stay over for the Tuesday sessions that include both Governor Mike DeWine and ARTBA CEO/President addressing the group. Timely topics on Monday include: Transportation of the Future, Workplace Violence, and Large Project Communication.

The exhibit hall is filling fast so if you want prime booth space now is the time to register. Only a few spots remain in the Easton Foyer. 

Click here for full registration details  - members need to login to register and non-members can create an account online for registration access.


View the latest edition of the OC magazine



The September-October issue of Ohio Contractor is now available online.
Please click here to view the electronic edition.

Can I Employ Retired Laborers?

OCA receives many queries regarding this issue. What are the Laborers’ Pension Fund rules for retired Laborers who may go back to work, especially in supervisory roles? Following is an outline from the Laborers Benefit Funds website, which should answer all your questions and concerns about employing retired Laborers. There are two sets of rules. One applies to those retired prior to the establishment of the “2018 Rules”, and a revised set of rules for those retired under the “2018 Pension rules”.

This is not a simple answer. It depends on where you work, what you do, how much you work, and how old you are.

You cannot work as a laborer or supervise laborers in this Fund’s jurisdiction and still receive your pension benefit until you are Regular Retirement age (60, 62, or 65 depending on when you last worked.)

• After Regular Retirement age, you can only work as laborer (or supervise laborers) up to 39½ hours per
   month and still receive your pension.

• After age 70½, you can work as many hours as you want as a laborer and still receive your pension

• You can do any other type of work (other than laboring or supervising laborers) without restrictions after you retire without it affecting your pension benefit.
• You can also work outside of the Fund’s jurisdiction without it affecting your pension benefit.  
• The Fund’s jurisdiction covers all of Ohio; Boone, Campbell, and Kenton counties in Kentucky; and Belmont, Brooke, and Hancock counties in West Virginia.

For members falling under the 2018 Rules (see page 6 of your Pension SPD for the “2018 Rules”), Working After Retirement Rules have been modified as follows:

Regardless of your age, your monthly pension benefit will be suspended for any month in which you work 40 hours or more in Disqualifying Employment. Disqualifying Employment means any employment:

• In an industry in which employees covered by the Pension Plan were employed and accrued benefits under the Pension Plan as a result of such employment at the time that the payment of benefits commenced or would have commenced if the employee had not remained in or returned to employment; and
• In a trade or craft in which the employee was employed at any time under the Pension Plan or any other trade or craft by the Pension Plan; and
• In the geographic area covered by the Pension Plan at the time the payment of benefits commenced or would have commenced if the employee had not remained in or returned to employment.

The foregoing definition of Disqualifying Employment includes employment or self-employment with any entity or person and is not limited to unionized employers or Employers. Any employee who supervised employees who perform Disqualifying Employment works in Disqualifying Employment.

Employers may access this information and more regarding the Laborers Pension Fund by going to the Laborers Benefit Funds website at: http://www.ohiolaborers.com/ If you have any additional questions about employment or hiring issues, please contact Mark Potnick in the OCA office.

 OCA members invited to attend Ohio Laborers’ Union Workforce Development Presentation to be held Nov. 7 in Vienna

Ohio Laborers' Union would like to extend an invitation to OCA members for an upcoming workforce development presentation they are hosting on Nov. 7. Discussion topics are relevant to workforce development, safety, and health programs such as:

     • Laborers' Health & Safety Fund
     • Fair Contracting staff • Apprenticeship standards and recruitment
     • Health and Pension benefits available

Please use this link to register https://mailchi.mp/d21757b20835/what-date-works-for-you-433943 .

The conference time is 10:30 a.m. to12:00 p.m. on Thursday, Nov. 7 and lunch will be provided. The session will be held at the Builders Association in Vienna, located at 1372 Youngstown-Kingsville Rd. SE Vienna, 44473.

Additional sessions will be held in the southwest and other parts of the state and be posted in the OCA newsletter soon.

If you have any questions about the session, please contact Laborers’ Statewide Apprenticeship Coordinator, Vincent Irvin at 740-504-2707 or VinceI@oltc.org .

10 locations around the state in October and November
Join the Conversation About Ohio's Future Transportation System

The Ohio Department of Transportation (ODOT) is hosting a series of 10 public meetings around the state to share with residents and other interested stakeholders details on ODOT’s update to Ohio's long-range transportation plan, called Access Ohio 2045.

The public and interested stakeholders are invited to attend. The meeting is an open house format with presentations at 4:30 and 6:00pm. Give feedback on proposed strategies and learn about how Ohio might look in 25 years.

Tuesday, October 15
Toledo Metropolitan Area Council of Governments (TMACOG), 300 Martin Luther King, Jr., #300, Toledo, OH 43604

Wednesday, October 16
Lima-Allen County Regional Planning Commission (LACRPC), 130 W North St, Lima, OH 45801

Thursday, October 17
Greater Lawrence County Area Chamber of Commerce, 216 Collins Ave., South Point, OH 45680

Monday, October 21
ODOT District 4 Offices, 2088 S. Arlington Road, Akron, Ohio 44306

Tuesday, October 22
Mid-Ohio Regional Planning Commission (MORPC), 111 Liberty St., # 100, Columbus, OH 43215

Wednesday, October 23
Paul Brown Epic Center at Zane State College, 9900 Brick Church Rd. Cambridge, OH 43725

Thursday, October 24
Miami Valley Regional Planning Commission (MVRPC), 10 N. Ludlow St., #700, Dayton, OH 45402

Wednesday, November 6
Ohio-Kentucky-Indiana Regional Council of Governments (OKI), 720 East Pete Rose Way, Suite 420 Cincinnati, OH 45202

Thursday, November 7
Buckeye Hills Hocking Valley Regional Development District (Buckeye Hills), 1400 Pike St., Marietta, OH 45750

Thursday, November 14
Northeast Ohio Areawide Coordinating Agency (NOACA), 1299 Superior Ave., Cleveland, OH 44114

This is ODOT’s second round of public outreach as part of the Access Ohio 2045 update. The strategies to be presented at the meeting were informed by feedback that ODOT received from residents in the spring of 2018.

For additional information about the Public Meetings, please visit: http://www.dot.state.oh.us/Divisions/Planning/SPR/StatewidePlanning/access.ohio/Pages/PublicMeetings.aspx

ODOT moves projects out of November 7th letting

ODOT’s November 7th letting will only have one major project ($15 million bridge preservation in Cleveland on IR 90), one or two sped-up projects and possibly some emergency slide repair projects. Projects delayed from October 24th may also be included.

The timing of the annual Federal shutdown around the beginning of October resulted in the projects originally set for that letting pushed up to October 24th or back to November 21st.

U.S. Department Of Labor Issues Final Overtime Rule 

On September 24, the U.S. Department of Labor (DOL) announced a final rule updating the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA's minimum wage and overtime pay requirements, and allowing employers to count a portion of certain bonuses (and commissions) towards meeting the salary level.

In the final rule, the Department is:

• raising the "standard salary level" from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker);
• raising the total annual compensation level for "highly compensated employees (HCE)" from the currently enforced level of $100,000 to $107,432 per year;
• allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are
  paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices; and
• revising the special salary levels for workers in U.S. territories and in the motion picture industry.

The final rule will be effective on January 1, 2020.

A 2016 final rule to change the overtime thresholds was enjoined by the U.S. District Court for the Eastern District of Texas on November 22, 2016 and was subsequently invalidated by that court. As of November 6, 2017, the U.S. Court of Appeals for the Fifth Circuit has held the appeal in abeyance pending further rulemaking regarding a revised salary threshold.

More information about the final rule is available here.

OCA / Laborers’ Apprenticeship Update!

Like many apprenticeship/educational programs, our Laborers’ Apprenticeship & Training program has had issues with attendance. The leadership of our Laborers Apprenticeship program is seeking assistance from contractors in enforcing the mandatory attendance policies required of apprentices.

Apprentices who are not present due to unexcused absences may be terminated from the program with no exceptions upon the very first no call or no show. The Apprenticeship program relies upon contractors/employers to stress the importance of attendance to apprentices they may employ.

On October 1, 2019, Vince Irwin, Laborers’ Statewide Apprenticeship Coordinator issued a clarification letter to OCA for distribution to our members. The letter covers additional details about the importance of attendance, and the program’s new communication system that allows contractors access to the apprentice’s schedules. The letter includes instruction on how to log onto the Apprenticeship Program’s website in order to access the “Apprentice Member Class Transcript Login”. Please click on the following link to access the letter and learn more about these latest and important developments by the Ohio Laborers Apprenticeship & Training Program.

New Communication System and Apprentice Attendance Policy Letter

I.U.O.E. Local 18 Offers Heavy Equipment Mechanic Program

In response to an immediate industry demand, I.U.O.E. Local 18, in cooperation and coordination with the apprenticeship fund trustees, have created a program specifically for those individuals wishing to pursue a construction career track in heavy equipment maintenance and repair. This program is a salary-tiered, four-year apprentice-to-journey person curriculum that is provided through the Ohio Operating Engineers Training Program. It is fully funded by the Program at no cost to the apprentice. To learn more about this program, please click here to review the course of study and get more information.

Quick Links to On-line OCA Resources

•   Current Ohio Contractor Magazine
•   Safety Resources
•   Labor & Employment Information
•   OCA President's Commentary

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