June 2024 OnSite

June 2024

METROPOLITAN BUILDERS & CONTRACTORS ASSOCIATION OF NJ MAGAZINE

NAHB SPRING LEADERSHIP MEETING IN WASHINGTON, DC METRO MEMBERS (& FRIENDS) MEET WITH NJ LAWMAKERS: FOCUS ON HOUSING AFFORDABILITY SEE PAGE 31

ASSOCIATE MEMBER SPOTLIGHT: ANDREW SCHENKEL

SEE PAGE 16 ASSOCIATE

MEMBER SPOTLIGHT: CYNTHIA ALCIVAR SEE PAGE 10 SAIBER LAW COLUMN: NJ RECREATIONAL MARIJUANA LAWS SEE PAGE 20

May was another month of success and we have a spectacular issue of OnSite filled with the best of the best! Our General Membership meeting this month was Lobsterfest! It was a great evening at Pub 199. Lobsterfest is always well attended and enjoyed. This has been an annual Metro event for many years and will continue to be a staple event on the calendar. We all look forward to our annual Pub 199 visit, the delicious Lobster Tails, Snow Crab Legs, Clams, and the great company! Make sure you join us next year if you missed it this year. Our Professional Women in Building Council (PWB) hosted “The House She Built” with Girl Scout Troop #97890. Linda Garvey of Coppola Brothers read “The House She Built” book by Mollie Elkman & Georgia Castellano to the girls and supplied snacks, Tammy Murray of Anderson Windows purchased the books and patches for all the girls, and Mike Black of Blue Ridge Lumber provided the custom cut wooden blocks, nails and Blue Ridge Lumber hats. It was beyond wonderful to see the girls listen with interest to the story and enjoy the prepared craft. Our afternoon was filled with hammers, nails, wood, and sharing our love and stories of the construction trade. Sharing my love of construction, to girls, women and especially my daughter, is a true passion of mine. Check out the additional photos on social media of the event. Our Education Committee is in full swing and we are currently offering additional NAHB classes. The classes are virtual and vary in topic and time frame. Check out our online calendar to get the details and register. Look forward to seeing you in class! Thank you Robert Nussbaum of Saiber for the informative article concerning legalized marijuana on the jobsite and charts of housing permit trends. Always a great read and valuable content. Thank you Robert for your contributions to Onsite and Metro! Take a minute to check it out and read it. This month, we had the pleasure of interviewing Andrew Schenkal of Double Play. Andrew also prepared and presented a presentation on LinkedIn for the Sales and Marketing May breakfast at 1776 in Morristown. The presentation was phenomenal, the event was well attended and it also attracted many potential Metro members to attend. Enjoy the write up and look for him at our next event, Andrew is a great connection! Introduce yourself and share your contact information with him, he is a new member looking to share knowledge and work with other members. Thank you all for your continued support. I look forward to seeing everyone at all the upcoming Metro events. Don’t keep us a secret, bring a guest! President’s Message June 2024

Metropolitan Builders & Contractors Association of NJ 39 East Hanover Avenue • Suite B4 Morris Plains, NJ 07950 Phone: 973-887-2888 Fax: 973-887-2926 Website: www.MetroBCA.org

OnSite / June 2024 Editor: Rose Ann Haberman Layout: Gregory J. Del Deo

Mission Statement: Metro is a professional organization that shall serve to protect and advance the rights and interests of builders, remodelers and associates in all matters affecting the building and remodeling industries. Metro shall support the business interests of all its member firms, support safe and affordable shelter, and foster the American dream of home ownership. Vision Statement: Metro is the leading trade association for the construction industry. Metro inspires active membership through professional development and advocacy. We embrace free markets to promote cost effective housing in NJ.

Platinum Hammer Sponsor

Gold Hammer Sponsors

Silver Hammer Sponsors

Kristie Veri 2024 Metro President

ANNUAL LOBSTERFEST GENERAL MEMBERSHIP MEETING • MAY 16, 2024 • PUB 199, MT. ARLINGTON HOSTED BY METRO MEMBERSHIP COMMITTEE

ROBERT NUSSBAUM SAIBER ATTORNEYS AT LAW METRO MEMBER ‘21 MEMBERSHIP COMMITTEE CHAIR

MICHELE’S EO PERSPECTIVE June is such an exciting month for us at Metro. The Awards of Excellence (AOE), which will be held on Wednesday, June 19th, at the Hanover Manor, is finally here! This year will mark Metro’s 40th year hosting the Awards of Excellence. I would like to give a big shout-out to Franz Laki of SESI Consulting Engineers, the Chair of this year’s event, and the committee, who have been working around the clock to make this the perfect evening. Over the last few months, we have dedicated many hours into workforce development. Within 10 years, 40% of our generation will be retiring out of the industry, which means we have large gaps to fill for the future. The time is now, to not only educate our youth, but help them grow a passion for all facets of the industry. As part of this initiative, Metro, alongside many of our members has attended Career Fairs at Voorhees, North Hunterdon, Union Catholic, Morris County VoTech, Morris Hills Regional High School, Somerset County VoTech and Bergen Commuity College. We have also been approved for a $2500 grant from the National Housing Endowment for the 3rd year in a row because of our workforce development initiatives. In May, we had a well-attended annual Lobsterfest at Pub 199, hosted by our Membership Committee, chaired by Robert Nussbaum of Saiber Law. We also had our largest showing of NJ members for the NAHB Spring Legislative Conference on Capitol Hill in Washington DC. NJ definitely showed up this year, as we spoke with our NJ congressmen and Senator Corey Booker’s office. We met with the offices of Rep. Josh Gottheimer, Rep. Robert Menendez, Rep. Bill Pascrell, Rep. Thomas Kean, Rep. Norcross and Senator Corey Booker. We shared the key issues affecting NJ home builders today. Did you know? Roughly 4.5 million Americans work in the residential construction industry, and millions more are engaged in businesses directly related to home building.

Michele Leppard, EO , mleppard@metrobca.org Office: (973) 887-2888 x 1, Cell (201) 463-5543

Platinum Hammer Sponsor

EXPLORING CAREERS THAT BUILD AMERICA: CONSTRUCTION

Metro and BANNJ joined forces with Bergen County Workforce Development on Thursday, May 30th for a wonderful presentation on “Exploring Careers that Build America: Construction.” The event was held at Bergen Community College’s Lyndhurst Campus. Attendees heard from a great lineup of speakers in the homebuilding industry, who were inspirational, motivational and helped our next generation of students understand the true value of the trades. Immediately afterwards, the students visited the partner tables that included Bergen Community College, Hohokus School, Associated Builders and Contractors, Coppola Brothers, LLC., Metro and BANNJ. Reporters from CNBC were in attendance and interviewed several students.

Panelists:

Ashley Brito - Entrepreneur & a board member of the BANNJ Derek Weissman - Partner & Head of Asset Management of Procida Funding & Advisors Michael Kurpiel - Builder and Construction industry Supply Expert; NAHB Senor Life Director; NJBA Life Director Frank Belgiovine - CEO Belmont Construction & Properties; CEO FAB Companies, Immediate Past President NJBA Kristie Veri - Co-founder Cleanscape Construction; Metropolitan Builders and Contractors Association, 2024 President

Moderator:

Tammy Molinelli - Chari, North Jersey Parters and Executive Director of the Bergen County Workforce Development Board

Presenters:

Michele Leppard - Metropolitan Builders and Contractors Association, Executive Officer Kathleen Kurpiel - Builders Association of Northern New Jersey, Executive Officer Christian Bliss - Diversity Outreach/Sourcing Strategist – PSEG Suzanne Wetzel - VP of External Affairs, Bergen Community College

Project Manager of Event:

Joann Mitchell

Gold Hammer Sponsor

ASSOCIATE MEMBER SPOTLIGHT CYNTHIA ALCIVAR PARK UNION LUMBER COMPANY www.parkunionlumber.com

problem solving. It highlighted the importance of adaptability on site. What differentiates you from others in your industry? I would say what

243 S. Salem Street Randolph, NJ O: 973.366.0345 / C: 201.491.6916 Cynthia@parkunionlumber.com

sets me apart from others is my dedication, determination, and passion to stay updated on the latest construction techniques, materials and regulations and pricing, servicing the customer throughout the project. I value clear communication with clients to ensure their visions are being met. Best Advice you have received? One of the best pieces of advice I have received in the building industry has been to communicate clearly with clients to prioritize their visions. Therefore, I always practice clear communication to make sure my client’s visions are being realized as best as possible. Worst advice you were given? One of the worst pieces

How did you get into this business? I have been in the Construction Industry for over 11 years. My journey began after moving from the transportation industry into the building industry. While working in the Transportation sector, I encountered a sales opportunity specializing in concrete for the

Salomone Brothers out of Wayne, NJ. I was always inspired by memories from my childhood, observing my father’s craftsmanship as a mason. What products and services does your company

of advice I was given was to cut corners to get a sale. Building trust and maintaining a good reputation will ultimately lead to more sustainable success in business. Also, cutting corners on safety measures to appear more professional is dangerous. Prioritizing safety not only protects employees and customers, but also preserves the integrity and reputation of your business. I am OSHA 10 & 30 certified. therefore I am fully aware of how important

provide? Park Union provides a full line of lumber and plywood, moulding, decking, windows, doors insulation, drywall, ceiling tiles, hardware and much more. Just about anything you need to build a house or Multifamily Commercial unit - we can supply. What is the story

safety should be on every jobsite. Best/Favorite Mentor? My favorite Mentors in the industry: Tim Eck from Allied Building Supply was an incredibly insightful mentor training me on windows. May his soul Rest in Eternal Peace. John Lynch from Salomone Brothers. A man of integrity which provided me with the opportunity to sell concrete, allowing me to put my skills to the test in the industry and building strong relationships with clients to whom I still service now. What do you see/believe are the most important issues in the building/construction/your industry today? Safety regulations stand as a paramount concern

behind your business? Park Union Lumber Company has been in business since 1864. We are the oldest lumber yard in the state of NJ starting out selling just lumber and coal. Most challenging problem and how did you solve it? The most challenging problem of the business I find is the competition, considering the presence of other great lumber yards and skilled professionals in the industry. However, I believe that everyone has their own unique qualities, and we thrive on our service we provide each customer. Funniest or most surprising customer interaction? A client demonstrated ingenuity by fabricating wooden shoots to fabricate a concrete pour in hard-to-reach areas. This was a simplified and proactive approach to the

within the contemporary building construction industry, ensuring the well-being of workers, the public, and the integrity of structures. I see a lot of people in the field not taking these

measures seriously and as I mentioned before, I take safety very seriously. I always remind my colleagues and other workers that safety should be a priority. What advice do you have about marketing/social media to build business and reach customers? I build my business and reach customers, by advertising and maintaining consistency in marketing and social media efforts, ensuring a regular posting schedule. Have you/your company performed any community service or charitable efforts within the last year? Please describe. Park Union Lumber actively contributes to The Habitat for Humanity in Randolph, NJ. I would like to also mention that last year Todd Sawyer, one of the owners at Park Union Lumber was honored as Ambassador of Light for the Chabad Center of Northwest, NJ. Todd received this award for his tireless efforts and leadership growing the Chabad Center’s educational and charitable activities in Morris and Sussex Counties. Years in the Metropolitan Builders and Contractors Association: 1

How did you get involved with Metro initially? The recommendation of my colleague at Park Union, who told me how great Metro is and I was interested from that day on. Are you a part of any Metro Committees? If so, which ones and how did you become involved with them? I am planning on becoming a part of the Professional Woman in Building this month. What are you looking forward to at the 2024 AOEs? Recognition of more Woman in the industry. Getting to know you: What are you listening to? I enjoy listening to podcasts and anything that has to do with knowledge especially in the products I provide. I also enjoy listening to positive affirmations daily which is also part of my growth. What are you reading? I like to read self-motivational books and reading up on anything that has to do with knowledge in the building industry. How do you relax and disconnect? In my personal life I find relaxation and disconnection in nature, taking long walks in the park or on the track. Favorite Color : Orange Favorite Food: Fish Favorite Band : Fleetwood Mac Favorite Trip/Vacation : Ecuador & Aruba My Favorite Project: A large Berkley Heights project, where I am supplying all the doors for a multifamily project for the Built Companies

housing affordability crisis by discouraging new development, which is key to bringing down rising prices. • Promote careers in the skilled trades. In any given month, there is a shortage of roughly 400,000 construction workers, and home builders will need to add 2.2 million new workers over the next three years just to keep up with demand. • Fix building material supply chains and ease costs. The cost of building materials has surged 38% since the pandemic, with the four-fold lumber price spike in 2021 adding more than $30,000 to the price of an average new single-family home. The price of distribution transformers is up 72% since February 2020, and the severe shortage of transformers is delaying housing projects across the nation. • Pass federal tax legislation to expand the production of affordable and attainable housing. The Low-Income Housing Tax Credit finances the production of affordable rental housing, but demand for this housing greatly exceeds available resources. • Overturn inefficient local zoning rules. Many local and state governments have adopted zoning laws that inhibit home construction and drive up costs. Inefficient land use policies make it harder and more expensive to build. Localities need to rework their zoning plans to increase density and allow more flexibility for developers. NAHB supports ideas such as reducing minimum lot sizes, allowing more accessory dwelling units, minimizing parking requirements and promoting missing middle housing (townhomes and duplexes). • Alleviate permitting roadblocks. Permitting delays at all levels of government delay housing projects and raise construction costs. Obtaining a CWA Section 404 permit takes upwards of one year, and completing a required ESA consultation can take years. At the state level, the Building Industry Association of Washington estimates that the average permitting delay in the state is 6.5 months and costs home buyers more than $31,000. One easy solution is a time limit on how long the government has to either deny or approve a permit. If the time limit ends without action, the permit is deemed approved. • Adopt reasonable and cost-effective building codes. New homes are resilient and energy efficient, yet there continues to be a push to mandate the use of restrictive, costly energy codes that raise housing costs while providing little energy savings to consumers. A study by the Home Builders Association of Greater Kansas City found that building to the 2021 IECC can add as much as

NAHB ANNOUNCES A 10-POINT PLAN TO TAME SHELTER INFLATION, EASE THE HOUSING AFFORDABILITY CRISIS NAHB Remodelers, Published 5/1/2024 With a nationwide shortage of roughly 1.5 million housing units that is making it increasingly difficult for American families to afford to purchase or rent a home, the National Association of Home Builders (NAHB) today unveiled a 10-point housing plan designed to tame shelter inflation and ease the housing affordability crisis by removing barriers that hinder the construction of new homes and apartments. “The lack of homes is the primary cause of growing housing affordability challenges,” said NAHB Chairman Carl Harris, a custom home builder from Wichita, Kan. “Any policy that seeks to improve affordability without addressing the need to increase the supply of single- family and multifamily for-sale and for-rent housing is doomed to fail.” Shelter inflation – rent and homeownership costs – is still rising well above a 5% rate, and for the past year, more than half of overall inflation in the economy has been due to rising housing costs. The only way to effectively tame shelter inflation – particularly with elevated interest rates for both mortgages and development/construction loans – is to build more attainable, affordable housing. With policymakers at all levels of government looking for ways to provide more affordable homeownership and rental housing opportunities for all Americans, NAHB is offering a plan that outlines initiatives that can be taken at the local, state and federal levels to address the root of the problem – the impediments to increasing the nation’s housing supply. • Eliminate excessive regulations. On average, regulations account for nearly 25% of the cost of a single-family home and more than 40% of the cost of a typical apartment development. Agencies and officials at all levels of government must thoughtfully consider the true effect regulations have on small businesses by requiring a more thorough analysis, including indirect costs associated with a proposed rule. Federal efforts to further regulate the housing industry must be subject to greater congressional oversight, allow for increased public participation in the process, be based on sound data, and should only be undertaken after a careful consideration of the costs and benefits as well as the potential effects on small businesses. At the local level, policies like rent control actually worsen the nation’s

$31,000 to the price of a new home while only minimally increasing the energy efficiency of the home. Meanwhile, a Home Innovation Research Labs study revealed that it would require up to 90 years for a home buyer to realize a payback on the added upfront cost of the home. That’s not a reasonable trade-off for a new home buyer and clearly would do very little to provide meaningful energy savings for residential homes and apartments. • Reduce local impact fees and other upfront taxes associated with housing construction. While some impact fees may be necessary to cover the costs of increased public services for new home developments, those fees must be imposed fairly with the cost to the home buyer in mind. • Make it easier for developers to finance new housing. Like home buyers seeking a mortgage, home builders and developers rely on banks for financing to build new homes and housing developments. • Update employment policies to promote flexibility and opportunity. Building a typical single-family home requires the skills and commitment of 11 to 30 independent specialty trade contractor firms. Subcontracting out large portions

of work has consistently proven to keep housing production costs low and provide opportunities for small businesses. But a builder’s ability to compete efficiently and optimally price a home depends on the degree to which overall costs are certain and predictable. The current patchwork approach for determining worker status (i.e., employee or independent contractor), calculating overtime pay and prevailing wages, and documenting employment status not only creates additional and unforeseen burdens, but also disincentivizes housing production. Employment policies and requirements must both recognize the common practices among regulated industries and be simple and economical enough for all-sized businesses to comply. The nation’s home builders are committed to doing their part to boost housing production to meet the needs of a growing population, make homeownership and renting more affordable, and elevate housing as a national priority. But we cannot do it alone. By implementing these practical solutions and reaffirming their commitment to housing, policymakers at all levels of government can help fulfill the promise of the Housing Act of 1949, which set a goal of “a decent home and a suitable living environment for every American family.”

Learn more about each element of the plan at nahb.org/plan.

Gold Hammer Sponsor

Silver Hammer Sponsor

Gold Hammer Sponsor

ASSOCIATE MEMBER SPOTLIGHT ANDREW SCHENKEL FOUNDER/CEO, DOUBLE PLAY AGENCY www.doubleplayagency.com Instagram: @DoublePlayAgency

on traditional advertising methods and could benefit from a fresh approach. Many of these companies don’t have their own in- house marketing, either due to lack of time or resources, so I believe it’s important to offer them support from people who

know the industry. To expand on these efforts, I joined Metro’s Sales and Marketing Committee. I was thrilled when they invited me to speak about “Building Your Brand on LinkedIn” to industry professionals. What advice would you give construction companies looking to enhance their digital marketing and sales strategies? From the start, I’d say that strategy and cadence is key — having a plan in place and establishing something that is repeatable for providing results. When you’re trying to nurture prospective clients, you need to stay at the forefront in as many ways as possible. Whether it’s through email campaigns, video, social media, or website content, there are many ways to put yourself in front of prospects and set yourself up for success. You can’t just throw money at something and hope it works — it’s crucial to start with a strategy and maintain consistent efforts to grow it.

Years in the business: 4 Having already established a career in construction sales, what led you to start Double Play Agency? It began as a side project during the pandemic, operating more like a consulting business back when everything

was shut down. We started working with different clients and what I discovered was the opportunity to fill a special niche in the industry for companies that didn’t have marketing and sales support in-house. That’s where Double Play would come in, building on a client’s strong word-of-mouth reputation and expanding their brand and business, whether through their own website, email outreach, or social channels. There are a lot of digital marketing agencies out there. What sets yours apart? I believe our organic, grassroots strategy sets us apart. Many agencies rely heavily on advertising; we focus on what gives a client the best return on investment while aligning with their goals. Our happiest clients are those who previously spent lots of money on paid media methods like Google Ads — and now no longer need to. When you rely on paid strategies for your marketing, you’re essentially competing against other big-name brands in your industry without much of an advantage. We come in with a strategic, personalized campaign geared toward clients’ target markets to help them grow. Why is it important for construction companies to embrace digital marketing and sales in today’s market? It’s the new reality now, even in a traditionally word-of-mouth industry like construction, where a prospective client is highly likely to look you up online. If you don’t have a digital presence, primarily a website and social media channels, you’re already behind the 8-ball. It’s crucial for companies in today’s rapidly evolving online world to highlight productivity, showcase their exquisite work, provide a peak into company culture, and take other measures that enhance their business persona throughout the digital realm. Why do you think it’s important to get involved with organizations like Metro? We’ve established Double Play through building and maintaining relationships within the industry. Initially, I didn’t have a huge stronghold in the market, so I became involved in several networking groups and associations. Organizations like Metro have helped us connect with similar businesses that may still rely

What do you envision for the future of our industry, from a marketing and sales perspective? There are a few things, starting with the growing importance of video. We’re currently in a highly visual era where video content possesses great significance as a form of engagement. It’s important to cultivate your brand through behind-the- scenes footage, project walkthroughs, and other engaging content that effectively depicts your company’s work and story. We like to think of ourselves as storytellers, and video is arguably the best way to humanize our clients while still showcasing their skills and unique value propositions. Next, I’d say, is an emphasis on personalization. Many contractors and subcontractors do similar types of work. Visually highlighting what makes a business unique, through

content that goes outside of the box or depicts company culture, is what separates you from the competition. We want all of our clients to stand out from the pack, and the entirety of our marketing efforts is rooted in that and conveyed to audiences. Is Double Play open to incorporating new-age technology, like AI and automated processes, into its strategy? Yes. One of our core values is adaptability and flexibility. Being able to incorporate evolving tech and marketing trends allows us to be agile for our clients, in order to get them exposed to their target markets through all

creating, and it’s important that every member embodies them. What are you currently reading? Any notable mentions? I’m currently reading What Got You Here Won’t Get You There . My favorite business book is 10X is Easier than 2X , and I recently re-read Atomic Habits . Most of the books I read are about creating the right organizational mindset and improving as a leader. Where do you live and what do you like about it? I live in West Caldwell, New

Jersey. I grew up in a neighboring town, so being back in the area I grew up is great. It’s a very family-oriented environment and there’s a lot of community here, which I love. Do you have any mentors who inspired you? My number one mentor is my grandfather. He was an entrepreneur who, after coming home from World War II, started his own plastic distribution company, created an amazing life for his family (coincidentally also in West Caldwell), and retired comfortably. He was always my business hero. Another mentor and close friend of mine is the owner of the electrical contracting company I worked for before I started Double Play. When I first told him I was going the entrepreneurship route, he said, “Andrew, I’d be a hypocrite if

available channels, strategies, and mediums — quickly and seamlessly. We are willing to embrace whatever strategy or technology it takes to accomplish this, and are always assessing our tools and software platforms to ensure our services are at the forefront. Has your company engaged in any charitable or community service activities in the past year? It’s important for us to give back and be involved in charitable work whether it’s donating time or money. We also try to support our clients in their endeavors as well. We co-host a 1-Club Golf Outing every year, where we pick a different charity each year to partner with. We’ve worked with organizations like the Long Island Alzheimer’s and

Dementia Center, Back on My Feet, Catholic Charities, and Repertory Company High School for Theatre Arts. It’s very rewarding to give back and pay it forward. What’s something you’d like to highlight about your company? I’d love to highlight our team. We’re a growing agency, and with that, our team has expanded. Having been

I was upset with you. I did the same thing when I was your age, except your business is supplemental to my business.” He’s still a client today and one of our biggest supporters. What’s most important to you outside of work? What are your hobbies? The most important thing to me is my family, which is a call back to our top core value at Double

in business for over three years, we now have an incredible team of around 15 people who deliver exceptional work, managing and executing on close to 40 accounts. One of the most important aspects of our team is our shared core values: family first, the data tells the story, accountability, trust, and flexibility. These values are integral to the culture we are

Play of being “family first.” I have an amazing 18-month-old daughter, a beautiful and loving wife, and our little puppy (who’s not much of a puppy anymore). In my spare time, I’m a big sports guy. I still play basketball, golf, and softball, and I was a baseball player through college. I also enjoy grilling in the summertime.

Silver Hammer Sponsor

when determining the appropriate employment action concerning the employee, “including, but not limited to dismissal, suspension, demotion, or other disciplinary action.” The legalization of the recreational use of marijuana by states is going to pose many challenges, particularly to employers. It therefore behooves both employers and employees to familiarize themselves with their state’s statutes so each will know their respective rights. * * * * * * * * Each issue’s Saiber Construction Law Column will discuss a recent decision by New Jersey courts or, like here, courts from other states which may be of interest to people in the construction industry. The information in each article is not intended to be legal advice and may not be used as legal advice. Legal advice must be tailored to the specific circumstances of each case. Every effort has been made to ensure this information is up-to-date. The article is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel. For any question relating to this article, please contact Robert B. Nussbaum, Esq. at Saiber LLC at rnussbaum@ saiber.com.

NJ RECREATIONAL MARIJUANA LAWS: TAKE TIME TO WEED IT OUT

By Robert B. Nussbaum, Esq. rnussbaum@saiber.com

Robert Nussbaum, Esq. LI

With 24 states, including New Jersey, having legalized the recreational use of marijuana, it is not surprising that marijuana consumption poses significant challenges for all employers, particularly construction companies and builders concerned with job place safety and the use of heavy machinery and other equipment by employees. Employees working while under the influence marijuana could affect an employee’s performance and also lead to potential liability for the construction company. Very few cases have been reported which discuss the challenges recreational use of marijuana poses to employers, but the issue was discussed in Ceballos v. NP Palace, LLC, a case decided by the Supreme Court of Nevada in 2022. In Ceballos , which involved a casino and not a construction company, the court considered whether adult recreational marijuana use was protected under a Nevada statute that allowed employees to sue if they were discharged from employment for engaging in “the lawful use in this state of any product outside the premises of the employer during nonworking hours.” The court ruled against the employee, finding that although recreational marijuana was decriminalized under state law, its possession is still a criminal offense under federal law. The court ruled that “because federal law criminalizes the possession of marijuana use in Nevada, plaintiff’s use of the drug was not lawful in the state.” No New Jersey court has as yet addressed the issue considered by the court in Ceballos , but New Jersey has enacted a statute similar to that of Nevada. The New Jersey statute provides, in part, that “an employee shall not be subject to any adverse action by an employer solely due to the presence of cannabinoid metabolites in the employee’s bodily fluid.” However, the New Jersey statute further provides: However, an employer may require an employee to undergo a drug test upon reasonable suspicion of an employee’s usage of a cannabis item while engaged in the performance of the employee’s work responsibilities, or upon finding any observable signs of intoxication related to usage of a cannabis item, or following a work-related accident subject to investigation by the employer. The employer may use the results of the drug test

Silver Hammer Sponsor

Gold Hammer Sponsor

BUILDING PERMITS MARCH 2024