OFCCP Issues FAQs on Employer-Employee Relationships

On August 5, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued new Frequently Asked Questions (FAQs) addressing how federal contractors should assess their employment relationships to distinguish “employees” from “independent contractors” or other non-employee workers. The FAQs describe what are commonly referred to as the “Darden” factors, derived from the 1992 Supreme Court decision in Nationwide Mutual Insurance Co. v. Darden, and provide examples illustrating their application in determining which workers are employees.

Industry Relations

The Master Builders of Iowa’s Articles of Incorporation state in part that the purpose of the Association is “to promote and establish fair dealings and equitable relations between contractors engaged in building construction and between owners, engineers, architects, subcontractors, labor and the general public”.  For many years the Industry relations activities of the Association were facilitated through an Industry Relations Committee comprised of Regular and Associate members.  In 2004, the Industry Relations Committee gave way two new and distinct groups that carry on much of the industry relations activities for the Association.  

The Iowa Construction Industry Forum (ICIF) was born from the Strategic Plan and is comprised of representatives of the Master Builders of Iowa, the American Institute of Architects, Iowa Chapter and the Consulting Engineers Council of Iowa.  The group meets three to four times a year with an ongoing agenda devoted to items of common interest among the parties.  The responsibility to schedule and develop the meeting agendas rotate on an annual basis.  The group has sponsored educational programs, created policies on risk allocation and taken positions on legislative issues very effectively since its inception.  It also serves as a forum for the parties to promote their respective points of view and to discuss issues important to the construction industry. 

The 2nd offspring of the former Industry Relations Committee is the Regents Liaison Committee.  The Regents Liaison Committee is comprised of representatives from the Master Builders of Iowa and facilities representatives from the University of Iowa, Iowa State University and the University of Northern Iowa.  Topics range from project delivery systems, relationships between the regents institutions and the local contracting industry and a host of other subjects of mutual interest.  Occasionally the group is called upon to trouble shoot or address issues proactively and provide solutions before problems develop.  The Liaison group also serves as a tool to educate members and representatives of the committee have served on industry panels to address trends and provide the owner / contractor perspective on issues of relevance to the construction industry. 

Industry relations continue to be a top priority of the Association and the Association is always looking for new and different ways to work with a variety of industry groups to advance the vision and mission of the Association.  MBI representatives do an excellent of representing the contractor’s point of view on issues that can have an impact on profitability and fair dealings between MBI members, owners and design professionals.

Links of Interest:

Scott Norvell

President / CEO
(515) 657-4381