Featured in the September 2023 Issue

  • Partner's Perspective: Navigating the Skilled Construction Labor Shortage
  • Jimerson Birr Welcomes Three New Attorneys to the Team
  • Blog Highlights
  • Curiosities, Ruminations and Various Eccentricities of Firm Biz
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PARTNER'S PERSPECTIVE

Austin B. Calhoun - Navigating the Skilled Construction Labor Shortage

In an ever-evolving landscape of business challenges, few issues have gripped the construction industry as tightly as the shortage of skilled labor. The headlines are dominated by statistics that tell a sobering tale of the struggle faced by construction businesses across the nation. For instance, the Associated General Contractors of America (AGC), in partnership with Autodesk Inc., recently released a report revealing that a staggering 88% of construction companies are grappling with the dilemma of finding skilled workers to hire. And according to the Associated Builders and Contractors (ABC), the construction workforce shortage is estimated to be 546,000 workers for year 2023, and the problem is predicted to get worse as nearly 1 in 4 construction workers are older than 55 years old.  As a Partner at Jimerson Birr, I am acutely aware of the gravity of this issue, and I'm actively collaborating with our clients to explore creative solutions.


Having myself come from the construction industry, and holding a certified general contractor's license, I understand the intricate dynamics at play. My transition from the construction field to law equips me with a unique perspective, one that allows me to bridge the gap between legal expertise and practical industry insight. This background serves as the foundation for innovative strategies aimed at helping our clients deal with the skilled labor shortage.


In today's landscape, the shortage is worsening due to a generational skills gap, with the median age of construction workers hovering at 42, a year older than the typical U.S. labor force member. The root of the problem is that, as a whole, over the last couple of decades, our nation’s youth have shied away from careers in construction trades.  Urgent measures are needed to attract and retain younger talent in the industry.


My approach to this multifaceted problem is not limited to legal counsel; I am actively engaged in helping clients devise innovative solutions. I work with them to create employee contracts, including non-competes, and design competitive compensation packages that appeal to the changing motivations of younger workers. Understanding that many of these individuals prioritize free time over overtime, I encourage my clients to adjust their approach accordingly.


I have two teenage children, and over the past few years I have been (in an unconventional direction, different from most of my peers) pushing my children and their friends to consider careers in the construction trades. I emphasize the immense potential for smart, young individuals who embark on such a path right after high school. I even point out that, by the age of 25, one could potentially be earning a six-figure income; compared to a college graduate at that age making half that income, on average, and loaded with student loan debt. Yet, despite this sage advice, it appears my efforts have been in vain. It seems that “careers” as a social media "influencer" are too enticing.


In the face of the ongoing labor shortage, I remain committed to working alongside the construction industry to bring about transformative change in the labor force and company employment practices. By embracing innovative contracts, competitive compensation packages, and a deep understanding of the younger generation's motivations, we can navigate these challenging times. However, ultimately, the mindset of our next generation will need to change in order to solve the long-term problem (at least until AI and robots enter the construction trade workforce).  In the short term, hopefully, our younger workers can draw inspiration from the need to adapt and evolve, just as my own career journey has evolved from construction to law. If you take time to learn and crunch the numbers, you may find that a career in the construction trades can be much more lucrative than you expect, and provides a lot of free time to enjoy life as well. In closing, I urge you to push our youth to at least consider a career in the construction trades.

Very Truly Yours,

Austin B. Calhoun

Partner

Jimerson Birr Welcomes Three New Attorneys to the Team

Jimerson Birr proudly introduces our three new associates who recently joined the Florida Bar: Mateo C. Dayo, Natasha V. Fisher, and Maxwell A. Salain.

 

At Jimerson Birr, we're known for our exceptional people and achievements. We are an employee-oriented, ambitious firm that values respect, commitment, and trust. While we work hard, we also enjoy our work and the strong bonds we share. It's no surprise that we're consistently recognized as one of the best companies to work for.

 

As we welcome Mateo, Natasha, and Max to our team, we eagerly anticipate their contributions to our firm's growth and success. We believe they will accomplish great things here and look forward to witnessing their impact. Our mission is to be a leading business law firm in the Southeast U.S., and we are confident that their passion, aptitude, and dedication will be invaluable assets to achieve this vision.

A warm welcome to Mateo C. Dayo, IV, who joins us after a successful summer clerkship in May 2022. His legal expertise covers a wide range of areas, including business and contract disputes, real property litigation, creditors' rights, post-judgment collections, fraudulent transfers claims, and unfair trade practices claims. With a strong academic background, Mateo earned his Juris Doctor degree from Boston College Law School and distinguished himself with leadership roles during his studies. He has a passion for trial and appellate advocacy, backed by valuable judicial internships. Welcome, Mateo, to the Jimerson Birr team – we're excited to achieve success together!

Meet Natasha V. Fisher, an attorney at Jimerson Birr, who started as a summer associate in May 2022. She specializes in commercial litigation, with a focus on construction and bankruptcy cases. Natasha earned her Juris Doctor with honors from Emory University School of Law. She brings valuable experience from internships at the Texas Workforce Commission and Atlanta Legal Aid. We're thrilled to have Natasha on our team!

Introducing Maxwell A. Salain, an attorney at Jimerson Birr since 2021. He specializes in corporate law, real estate transactions, and zoning. With a background in entrepreneurship, he offers invaluable insights to clients. Mr. Salain holds a cum laude Juris Doctor from the University of Florida Levin College of Law and resides in Saint Johns with his wife, Sarah, and their dogs, Koa and Oakley. In his free time, he enjoys outdoor activities and sharing his passion for aviation.

LEARN MORE About Jimerson Birr
EXPLORE Industries & Services Resources
Jimerson Birr Legal Blogs
Are you keeping up with the latest information in business and law? Jimerson Birr publishes weekly blog posts covering topics from construction law, real estate development, sales and leasing law, banking and financial services law, community association law, and everything in between. Click here to subscribe today and stay up-to-date on the latest legal news from the industries we serve:

Insurance Industry Legal Blog

In December 2022, the Florida Legislature held a crucial special session to stabilize the state’s struggling insurance market. The outcome was Senate Bill 2A, a comprehensive piece of legislation that significantly impacted property insurance lawsuits. Notably, the bill repealed the long-standing one-way attorneys’ fee provision, which had favored policyholders in legal disputes against insurers. Although other provisions in the bill also brought substantial changes, the focus this blog is to shed light on the effects of the elimination of one-way attorneys’ fees on Florida homeowners, exploring both the challenges and opportunities that lie ahead.


Click here to read the full blog post.

On March 24, 2023, Florida Governor Ron DeSantis signed HB 837 into law. HB 837 is one of the most significant tort reform bills to make its way through the Florida Legislature to date, which caused significant changes to Florida’s bad faith insurance framework and made additional changes to Florida’s one-way attorney fee provisions for insurance cases, among other significant changes. This blog discusses the changes to one-way attorneys’ fees in property insurance litigation caused by HB 837.


Click here to read the full blog post.

Professional Services Industry Legal Blog

The Fair Labor Standards Act (FLSA) provides important protections for American workers, ensuring they receive fair compensation for their labor. However, not all employees are covered by the minimum wage and overtime pay provisions of the FLSA. Enter the concept of “exempt employees,” a term referring to those who are exempt from these specific protections. One common category of exempt employees is the “executive” employee, which encompasses certain managerial roles and responsibilities.



In this blog post, we’ll delve into the details of the executive exemption, exploring the criteria set forth by the Department of Labor (DOL) and a notable court case, Calvo v. B&R Supermarket, Inc., 63 F. Supp. 3d 1369 (S.D. Fla. 2014), that exemplifies the application of these criteria in determining exemption status. Understanding the executive exemption is crucial for employers and employees alike, as it impacts the legal rights and responsibilities in the workplace.


Click here to read the full blog post.

Community Association Industry Legal Blog

In Florida, homeowners’ associations (“HOA”) are governed by Florida Statute Chapter 720. That chapter is known as the “Homeowner’s Association Act” (the “Act”). The Act governs issues ranging from member assessments to arbitration to conducting meetings. The Act is constantly evolving, and HOA board members, HOA property owners, and HOA property managers should review the Act periodically.


The Florida legislature made some changes to the Act, with those changes taking effect on October 1, 2023 see BILL: CS/CS/SB 1114.  


Click here to read the full blog post.

Firm News
Curiosities, Ruminations and Various Eccentricities of Firm Biz

We stirred up the excitement on Trail Mix Day! Our employees embarked on a flavor-filled journey, exploring the perfect balance between sweet and salty delights. At Jimerson Birr, we take pride in crafting the ideal mix – be it in our snacks or our work environment.

Waffle Day was our secret recipe for a fabulous JB morning! As we savored homemade Belgian waffles, we didn't just devour delicious bites; we dished out delightful conversations, revealing more about the amazing folks that fuel our team. It was a morning sprinkled with sweet connections and meaningful moments, a reminder that in our JB world, we're experts at "building bridges, one waffle at a time" with our sensational colleagues!

It's the most wonderful time of the year—football season is here! Every home game, we unleash our inner Jaguars and proudly display our Jaguars Pride for all to see. We're absolutely pumped for this year's football season, particularly as we rally behind our returning AFC South Champions.

Click here to learn about our award-winning Firm Culture.
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