Mason Contractors: Know Your Business Risks
March 27, 2017
Shifting immigration policy and enforcement priorities are creating significant uncertainty for masonry companies that rely on a stable workforce to meet project demands. In this article, Bean, Kinney & Korman attorney Timothy Hughes explains how changing rules and unclear guidance can disrupt labor availability, making it harder for contracting companies to maintain staffing levels, meet deadlines, and fulfill contractual obligations. Even businesses that support broader economic policies are facing operational risk because workforce stability is directly tied to immigration enforcement trends. Hughes emphasizes that this is not just a policy issue—it is a core business concern that affects scheduling, costs, and long-term planning. In real-world terms, masonry companies must treat workforce compliance and labor planning as critical risk factors and stay informed about legal developments that could impact their ability to operate effectively. Upcoming changes to the Fair Labor Standards Act (FLSA) overtime regulations are prompting employers to reassess how they classify and compensate employees. The article explains that updates to the “white collar” exemption thresholds mean some salaried employees may no longer qualify as exempt, requiring employers to either raise salaries or begin paying overtime. It also emphasizes that employers can continue paying employees on a salary basis, but must ensure overtime is properly calculated and documented when applicable. The discussion focuses on practical decision-making—how businesses should evaluate current pay structures, review employee classifications, and prepare for compliance before the rules take effect. For employers asking how to respond to FLSA changes, the practical implication is that advance planning is essential to avoid disruption, manage labor costs, and ensure accurate payroll practices under the new standards. A Virginia Attorney General advisory opinion interpreting the Virginia Human Rights Act (VHRA) has significant implications for employers evaluating workplace discrimination policies. In this article, Bean, Kinney & Korman attorney R. Douglas Taylor Jr. explains that the Attorney General concluded Virginia law’s prohibition on discrimination based on “sex” also encompasses gender identity, and potentially extends to sexual orientation as well. The opinion draws on evolving federal interpretations—particularly Title VII and Title IX—to support a broader reading of “sex” discrimination, including claims tied to gender identity and sex stereotyping. However, Taylor notes that uncertainty remains, especially regarding whether sexual orientation is fully protected under Virginia law at the time of the opinion. What this means in practice is that employers cannot rely solely on narrow statutory language and should instead consider aligning policies with broader federal trends. As a result, businesses are encouraged to proactively update equal employment opportunity (EEO) policies to address gender identity and potentially sexual orientation, even where the law is still developing. Virginia continues to follow a strict interpretation of voluntary resignation versus termination, often summarized as “you’re fired or I quit.” The blog, written by Bean, Kinney & Korman attorney Doug Taylor, explains that when an employee resigns—even under pressure—the separation is generally treated as voluntary unless the employer’s actions rise to the level of legal coercion or “constructive discharge.” This distinction is critical because it affects eligibility for unemployment benefits and potential legal claims. The discussion emphasizes that employees who leave their jobs must demonstrate that working conditions were intolerable to argue they were effectively forced out, which is a high legal standard under Virginia law. For employers and employees alike, this means that the circumstances surrounding a resignation matter, but not all difficult workplace situations will convert a quit into a termination. In practical terms, understanding how Virginia law classifies separations is essential for evaluating risk, benefits eligibility, and potential disputes.
Workforce uncertainty tied to immigration policy can disrupt operations and project delivery. Bean, Kinney & Korman helps businesses assess employment-related risks and navigate regulatory changes affecting their workforce. Changes to overtime rules can significantly affect payroll, classification, and compliance obligations. Bean, Kinney & Korman helps employers evaluate these changes and implement compliant compensation strategies. Evolving interpretations of discrimination laws can create compliance gaps for employers. Bean, Kinney & Korman helps businesses adapt policies to align with changing legal standards and reduce risk. How a separation is classified can affect unemployment claims and legal exposure. Bean, Kinney & Korman helps employers navigate these distinctions and manage employee separation risks.