Check Out the Latest in NAHB Legal Advocacy

Filed in Legal by on December 26, 2018 0 Comments

The NAHB Office of Legal Affairs has published the first in a quarterly series of legal updates for members to stay current on the issues the legal team in Washington is pursuing.

The Spotlight on NAHB Litigation for Winter 2018-19 features updates on active court cases in which NAHB has direct involvement.

The Fifth Circuit Court of Appeals recently ruled that the Department of Labor can cite general contractors for workplace safety violations that put subcontractors’ workers in danger. The case explored the legality of OSHA’s multi-employer citation policy NAHB has been challenging the multiemployer worksite doctrine for years, and filed an amicus brief, along with the Texas Association of Builders and other construction groups, in the case, Acosta v. Hensel Phelps Construction Co.

Other topics covered this quarter include:

  • Endangered Species Act
  • Land use
  • Americans with Disability Act
  • Regulatory procedures in a rulemaking agency

In other news from the Office of Legal Affairs:

  • On Dec. 13, NAHB Vice President, Construction Liability David Jaffe presented to the Builders and Remodelers Association of Greater Boston a webinar addressing the changing laws and legal concerns related to opioids and medical marijuana in the workplace. The webinar covered recent court decisions, the interaction between state law and potential conflicts with federal laws and other legal challenges for employers, and what NAHB is doing to address the opioid epidemic in the home building industry.
  • On Dec. 3, NAHB Senior Counsel Devala Janardan delivered a land use presentation at the Indiana Builders Association’s 2018 Leadership Conference and Board of Directors Meeting. The overview provided an update of the legal cases NAHB is currently involved and how members can tap into NAHB resources for legal action support.
  • NAHB recently filed comments on a Department of Homeland Security proposed rule that would limit legal immigration at a time when labor markets are exceedingly tight. Because the proposal also references federal housing programs, NAHB recommended that DHS remove federal housing programs, like Section 8 vouchers and project-based assistance, from the rule.

For more information on the activities of the Office of Legal Affairs, email or visit the Legal Issues page on

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