From the desk of:
gerard burdi
While we are nearing the end of another New Jersey winter, a lucky few of us are still trying to hold on to the tan they acquired during UTCA’s recent Executive Seminar in the Dominican Republic.
This year’s Seminar attendees learned about the impact of tariffs on construction materials, federal compliance programs, and avoiding liquidated damages, all while enjoying the amenities offered by the luxurious Casa de Campo Resort on the southeastern coast of the Caribbean nation.
The highlight of the trip was the White Party hosted by Roly Acosta’s family at their beautiful home within the resort. Thanks to our Executive Seminar Committee and Lauren Hagan for organizing another amazing trip.
Far from the shores of the Dominican, UTCA has remained active here in New Jersey advocating for the infrastructure industry. In November, the newly reconstituted Utility Committee held its first meeting, with a focus on bolstering relationships among the many entities with an interest in the utility sector. Thank you to Lisa Ballerini of Montana Construction for agreeing to chair the committee and please let Kyle England from UTCA know if you are interested in serving on this committee.
thorizing the Transportation Trust Fund. Thanks to the Board members who attended and supported this event and to those who support our Industry PAC, Constructors For Good Government, which helps ensure the views of our industry are well-represented in Trenton.
UTCA’s NJ Transit Committee also continues to make progress in its quarterly meetings with agency officials. I also want to offer my best wishes to longtime NJ Transit President and CEO Kevin Corbett who recently left this role. I look forward to working with the new head of NJ Transit, Kris Kolluri, who is a former NJDOT Commissioner and recently directed the Gateway Development Corporation.
UTCA’s Legislative Committee also met and discussed the political climate under the new administration in Washington as well as the New Jersey Governor’s race which is already in full swing. The committee also tackled a host of issues that could impact the industry, including gender and racial disparities in state construction contracts, retainage by state agencies, clean energy policies and a proposed workplace heat standard.
Speaking of the Legislature, UTCA hosted a cocktail reception for Senator Paul Sarlo who chairs the Senate Budget Committee and who played a critical role in the passage of legislation reau-
We also had a huge crowd for our January General Membership Meeting where attendees heard from Steve Plate of the Port Authority of NY & NJ who detailed some of their major capital projects including construction of the Gateway Tunnel, replacement of the Midtown Bus Terminal and upgrading the PATH system.
Make sure to mark your calendars for the upcoming Northern Membership Meeting which will take place in March and planning is already underway for the Spring Clay Shoot and the UTCA Golf Outing.
Finally, I would like to congratulate Chis Vollers and his colleagues at Vollers who are celebrating their 75th Anniversary. In addition, congratulations to Pat DiCerbo of Northwestern Mutal who is marking his 35th year in business.
Gerard L. Burdi
constructing better benefits: benchmark your 401(k) service providers for long term success
by: mike meyers, mountain hill investment partners
Benchmarking your 401(k) service providers is a critical practice for business owners to ensure their retirement plans remain competitive, compliant, and cost-effective. As you enter the new year, it’s a perfect time to review your plan and make sure your employees receive the best possible retirement benefits while you fulfill your fiduciary responsibilities under the Employee Retirement Income Security Act (ERISA).
This concise guide will walk you through why and how to benchmark your 401(k) service providers and steps to take to improve your plan for the year ahead.
Why Benchmarking Your 401(k) Providers Matters
401(k) benchmarking involves assessing the quality, cost, and overall effectiveness of your service providers, including recordkeepers, third-party administrators (TPAs), and investment advisors. Key reasons to benchmark include:
• Fiduciary Compliance: ERISA requires plan sponsors to ensure plan fees are reasonable and services meet participants' best interests. Regular benchmarking demonstrates due diligence.
• Cost Management: Unchecked fees can erode participant retirement savings over time. Benchmarking helps ensure fees remain competitive.
• Service Quality: Ensuring participants have access to quality service, educational resources, and responsive support enhances your offering.
• Performance Optimization: Identifying opportunities to improve plan design, investment options, and participant outcomes shows you’re invested in employee success.
• Regulatory Readiness: With changes like SECURE 2.0, ensuring your service providers are up to date with compliance requirements is critical.
When Should You Benchmark Your 401(k) Service Providers?
While we recommend a full benchmarking process every 1-3 years, there are specific triggers that may require immediate review:
• Beginning of the Year: Ideal time for a comprehensive review as part of annual planning.
• Plan Changes: If you've recently modified plan features, investment lineups, eligibility, and/or vesting criteria.
• Service Complaints: If employees experience issues with plan access, education, or support.
• Fee Increases: If service providers have raised administrative or investment management fees.
• Legislative Changes: With SECURE 2.0 updates, it’s essential to ensure compliance and make appropriate plan document updates.
Step 1: Identify All Service Providers Involved
Start by listing all the service providers associated with your 401(k) plan. This typically includes:
• Recordkeeper: Tracks participant accounts, contributions, provides online access and statement reporting.
• Third-Party Administrator (TPA): Ensures compliance with regulatory requirements and testing.
• Investment Advisor: Assists with plan design, fund selection, fiduciary guidance, and educational support.
Tip: Clarify who handles which aspects of your plan and hold them accountable!
Step 2: Check Fiduciary Support and Risk Management
Fiduciary support is essential for minimizing liability as a plan sponsor. Assess:
• Co-Fiduciary Services: Does the advisor share fiduciary responsibility?
• Investment Policy Statement (IPS): Did the advisor help draft and maintain an IPS?
• Ongoing Monitoring: Does the advisor proactively engage you for regular plan health reviews, assessing all aspects, including participation rates, savings rates, and fund lineup benchmarking?
Tip: Ensure the advisor is acting as a 3(21) co-fiduciary.
Step 3: Review Fee Structures
401(k) fees can significantly impact long-term participant returns, so it’s essential to scrutinize costs carefully. Break down fees into the following categories:
• Administrative Fees: Costs for recordkeeping, compliance testing, and plan reporting.
• Investment Management Fees: Expense ratios associated with the funds offered in your plan.
• Advisory Fees: Fees for fiduciary guidance, plan health reviews, and participant education.
Tip: Request a 408(b)(2) disclosure from your recordkeeper and engage a competent advisor to review and make recommendations. This disclosure outlines what plan fees are paid to service providers, and if those fees are paid directly or indirectly. Indirect fees come with glaring negatives, for example, such as unfair fee allocation, lack of transparency, and conflicts of interest.
Step 4: Assess Fund Performance and Selection
Your recordkeeper should offer a platform with a diverse range of investment options suitable for different risk profiles. Your advisor should be engaging you throughout the year to evaluate:
• Fund Lineup: Are there enough options, including lowcost index funds and target-date funds (TDFs)? Are there too many?
• Fund Performance: How do the selected funds compare against relevant benchmarks?
• Fees and Expense Ratios: Are fund costs aligned with industry averages?
Tip: More is not always better; too many investment options can be overwhelming for employees and lead to choice paralysis. A well-designed plan gives participants access to all major asset classes including domestic equities, international equities, fixed income, cash or a cash alternative, and target date funds, while avoiding duplication.
Step 5: Compare Service Quality and Features
Beyond costs, service quality plays a pivotal role in participant satisfaction and plan effectiveness. Evaluate:
• Ease of Use: Is the recordkeeping platform user-friendly for both employers and participants?
• Compliance Support: Proactive updates on regulatory changes like SECURE 2.0.
• Educational Resources: Quality of participant resources, such as retirement calculators and financial wellness tools, as well as advisor supported group and individual education.
Tip: Low participation and savings rates may indicate a lack of quality educational support by the advisor, particularly if your plan offers matching contributions.
Step 6: Document Your Findings and Make Adjustments if Needed
After completing your benchmarking review:
• Document Results: Keep a record for compliance purposes.
• Address Gaps: If any of your current providers fall short, discuss improvements or consider switching.
• Communicate with Employees: Inform employees of any positive changes made to the plan.
Tip: Maintain a file documenting your regular plan reviews with your advisor as well as your benchmarking process for ERISA audit protection.
As a business owner, benchmarking your 401(k) service providers is essential to maintaining a competitive, cost-effective retirement plan that meets regulatory standards. By evaluating fees, service quality, investment performance, and fiduciary support, you can protect your business while helping your employees build a secure financial future.
Start the new year on the right foot by committing to a thorough review of your 401(k) plan, ensuring both compliance and long-term success. A proactive approach not only strengthens your benefits offering but also enhances employee retention and satisfaction.
My firm works as an advisor and co-fiduciary to corporate 401(k) plans, specializing in the construction industry. We work with many firms to enhance their 401(k) offering and build education programs designed to engage employees. We appreciate that each company is unique, and we take the time to understand how you operate before creating a customized plan that is suitable, low cost, high value, and ERISA compliant.
Contact me, Mike Meyers, at (732) 291-3338 or for more information.
potential permitting changes could impact the national environmental policy act and megaprojects
By: nicholas a. sullivan, esq.
LThe National Environmental Policy Act (“NEPA”) makes a “broad national commitment to protecting and promoting environmental quality.” In order to fulfill this commitment, NEPA requires federal agencies to prepare a report, either an environmental assessment or an environmental impact statement, that significantly reviews the environmental consequences of the agency’s actions. However, NEPA does not necessarily mandate particular results but only mandates the process required for considering the environmental effects of an agency’s actions. Since its enactment, NEPA has been applied to all major projects, whether federal or state, that involve federal funding, work performed by the federal government, and/or federal permits.
In 2020, the Trump administration took certain measures to cut the number of construction projects requiring federal review under NEPA and exclude certain effects of a construction project from being considered significant under NEPA. For a construction project to trigger NEPA review, the project must pose “significant” impacts to environmental quality or be federally funded. However, under the revised NEPA standards under the first Trump administration, projects were exempt if they received “minimal federal funding” or “involvement” from the government.
Upon entering office, the Biden administration took steps to roll back the Trump administration’s weakening of NEPA. The Biden administration focused on creating categorical exclusions and agency capacity to build and to help speed up the permitting process for certain federal construction projects.
In Eagle County, Colorado v. Surface Transportation Board, et al., 92 F.4th 1152 (D.C. Cir. 2023) the U.S. Court of Appeals faced the issue of whether NEPA requires an agency to study environmental impacts beyond the proximate effects of the project over which the agency has regulatory authority. The Surface Transportation Board authorized the construction and operation of a new rail line in the Uinta Basin in Utah. The Surface Transportation Board granted an exemption to the rail line from the Board’s more extensive application requirements due to the benefits of the rail line and the project’s environmental impacts. The Surface Transportation Board granted conditional approval, subject to the results of the environmental impact statement, and subsequently, approved the project.
Accordingly, various environmental organizations and a Colorado County initiated litigation to block the project and alleged they will be impacted by the rail line even though each is located “downline” from the proposed rail line’s construction area. The petitioners alleged the environmental impact statement failed to analyze certain environmental impacts, such as downline effects of additional accidents and oil spills, impacts on vegetation, and special status species. The Court of Appeals held that the Surface Transportation Board could not ignore its requirements under NEPA to identify and describe environmental effects of the project and remanded the matter back to the Surface Transportation Board.
Subsequently, the Seven County Infrastructure Coalition and others filed a petition with the United States Supreme Court seeking a ruling on whether NEPA “requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority.” The Petitioners argue the scope of NEPA review is limited to only decisions that the agency has the authority to make.
On December 10, 2024, the Supreme Court heard oral arguments from all parties. If the Supreme Court limits the scope of NEPA review to effects that are only within the regulatory space of the agency at issue, it will significantly narrow considerations by federal agencies under NEPA. Additionally, a limited scope of considerations by a federal agency, some would argue, would permit projects impacted by NEPA to move more quickly through the permitting process due to less environmental restraints.
Contractors working on projects that are federally funded or projects that require federal permits should be aware of the potential Executive Branch changes and judicial decisions that may be forthcoming in 2025 regarding NEPA. These changes are likely to have significant impacts on all federal projects moving forward.
About the Author . . . Nicholas A. Sullivan, Esq., is an Associate in the Cherry Hill office of Florio, Perrucci, Steinhardt, Cappelli, & Tipton, LLC. He may be contacted at nsullivan@floriolaw.com
By: william c. mcnamara, cpa, ccifp, woolston, jensen & mcnamara llc
“Ooh, look out, you rock and rollers, Ch-ch-ch-ch-changes. Turn and face the strange Ch-ch-changes” – David Bowie, 1971.
These words could never be more relevant than the atmosphere surrounding the next President of the United States. President-elect Trump’s core is based on challenging the norm. His return to the office of President will impact everything in the business world. Without sounding dramatic, the rotation of the global economy, good or bad, is about to spin, faster and faster. Our business operations in New Jersey will not be sheltered; some may excel, and others may wither. But change is coming, and it will be felt in almost every area of our daily business calendar.
Accounting Corner changes
There is little doubt the economy will be impacted by new policy directives implemented. Everything from our workforce (immigration), environment (repeal of clean energy initiatives), social security benefits (100 % non-taxable), employee compensation (no tax on overtime pay or tips), consumer goods (tariffs), and of course income taxes are all on the table for change. I think some of these changes will happen at a breakneck speed. We will not see implementation buffers but rather large surgical incisions. Historically, the first 100 days in office sets the tone and eventually the legacy of a President. I am of the belief it will not take that long; I think it will be measured by days not weeks.
In July, we talked about the sunsetting of many of the Tax Cuts and Job Act (TCJA) provisions. Well, the votes are in, and I expect to see many of those provisions re-instated, expanded, and permanently included in the tax code. If the executive branch
and legislative branch stay in sync, then we may see a second supersized version of the TCJA. Of course, that’s good for business, but can we afford them? What work will be done on the national debt front? How will inflation remain in check, interest rates managed, and our balance of value maintained outside of our own borders? The impact of some of these initiatives may not even be determined during President-elect Trump’s tenure, but rather surface long after and become the chores of the next generation.
New Jersey will see changes in the state in 2025. We begin a race for a new Governor. Governor Phil Murphy will be leaving the office after eight years and there will be no hand-picked successor, no guarantee of the political party status quo. New Jersey’s direction will be impacted by the strongest candidate emerging from the field. A field of six to eight, maybe even ten serious candidates of which the public today might be able to name two. It will take the spring of 2025 to thin this herd and the summer to shape a contest.
Exactly where these changes will come, and their depth, are speculative at the time of this writing. But let’s look at one big ticket item that will impact all of us. Tariffs on the imports of goods and materials. Stumping on the campaign trail, President-elect Trump identified several tariff related targets. He spoke about imposing a 10-20% tariff on most goods being imported; specifically, identifying China as a country that could face a 60% tariff burden. During Trump’s first term some tariffs were placed on imported steel and lumber. That move sent the pricing of those items on a moonshot trajectory. It forced our industry to look more seriously at material escalation clauses and other terms of our contracts. Eventually pricing stabilized but it created a long period of anxiety and uncertainty.
In December of 2024, China banned the export to America of two precious metals, gallium and germanium. Both metals are critical in the production of solar panels, radar equipment, and semiconductors. Tariffs have long been considered supply chain warfare and China is flexing its position in response. On a separate supply chain front, the Biden administration has blocked the sale of US Steel to the Japanese Company, Nippon Steel. He cited the impact it could have on the security of vital US economic sectors like energy, transportation, and the defense industry, to name just a few.
Besides some of the key tax incentives that were put in place under TCJA, the need for some corrections to the tax code is also imperative. Research & Development costs saw a significant change when those expenses identified were required to be capitalized and then amortized over a five-year period. The change of having a current year expense to a 5-year amortizable asset reduces the tax deductibility of the R&D costs incurred. The slowing of the deduction of the expense became a barrier to some R&D efforts and made them less advantageous. R&D is a high-risk area that needs incentives for it to be embraced by the entrepreneur. If you pull back the incentive, the risk outweighs your benefit and reduces the likelihood of implementation and advancement in many settings.
Business interest deduction under Section 163(j) has also come under scrutiny for limiting financing in projects by capping the amount that can be deducted. Again, this creates an impediment to growth and expansion needs for many contractors. The current law limits the deduction of interest expense to 30% of a company’s taxable income. Since the interest expense is a true out of pocket cost, the delayed timing of the deduction hurts a project’s cash flow and leaves the business owner exposed to more risk and less reward. Efforts to correct this and R&D have
been ongoing but other factors like the federal debt ceiling and continued funding of operations of the government have derailed the efforts.
Recently, we have seen the impact of acquisitions inside the industry. The publicly traded company Arcosa, based in Dallas, TX, acquired a rather substantial family-owned contractor based here in Central New Jersey for $1.2 billion dollars. The valuation done by Arcosa represented a 14 times multiple of earnings. Using that multiplier, a very substantial sales price was obtained. With such a pro-business environment on the horizon, additional Merger & Acquisition deals will be born. This also represents an environment for entrepreneurs to strike out with expansion plans or new business segments.
Let’s keep that beat and be ready for CH-ch-ch-ch-Changes!
About the Author . . .William C. McNamara, CPA, CCIFP is a founding partner at Woolston, Jensen & McNamara, LLC. For thirty-five years, Bill’s focus has centered on the dynamics of the family-owned business in the construction industry.
Questions? You can reach Bill at bmcnamara@wjmcpas.com or 732-542-0444.
constructors for good government 2025 contributors
President’s Club
D’Annunzio & Sons
George Harms Construction
Union Paving & Construction
Governor’s Level
Schifano Construction
Skoda Contracting
Ambassador Level
Leadership Level
Bayshore Recycling
Carbro Constructors
Orchard Holdings
Underground Utilities
Platinum Level
B. Anthony Construction
First Montgomery Management
H&K Group
New Prince Concrete Construc- tion
Pioneer Pipe Contractors
Smith Sondy Asphalt Construction
United Communities
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Grade Construction
Green Construction
HBC Company
PSI Process
Trenchtech Inc.
Silver Level
B&W Construction
Brent Material
CATS Sweeping
Caterina Supply
Cooper Plumbing & Mechanical
Metra Industries
Perna Finnigan
Renda Roads
Riverview Paving
Scafar Contracting
VA Spatz & Sons
TKT Construction
V&S Capital Steel LLC
Zack Painting
race for governor heats up as state budget takes center stage
By: ryan sharpe, director of government affairs and communications
After seven years in office, Phil Murphy is now in his final year as New Jersey Governor and the race to succeed him has begun in earnest. In fact, there are now more than 12 announced candidates in the race, including Congressmembers Josh Gottheimer and Mikie Sherrill, who have joined former Senate President Steve Sweeney, Jersey City Mayor Steve Fulop, Newark Mayor Ras Baraka and NJEA President Sean Spiller in seeking the Democratic nomination.
On the Republican side, former gubernatorial candidate Jack Ciattarelli, and radio host Bill Spadea have already started attacking one another as each seeks to portray himself as the standard bearer in a Republican Party dominated by President Trump. On the other side, never-Trumper Jon Bramnick, who currently serves in the State Senate, contends that his moderate politics and opposition to Trump make him the only Republican that can win a general election in Democrat-controlled New Jersey. Former State Senator Ed Durr, who famously defeated Senate President Sweeney before losing his own re-election bid, has also thrown his hat into the ring.
While the candidates for each party won’t be determined until June, the shadow of this race will hang over the Legislative agenda throughout the year in which the entire State Assembly will also stand for election.
It is also important to note that a court ruling has eliminated New Jersey’s practice of awarding the “party line” in primary elections which gave preferential treatment to establishment-backed candidates. Securing the “line” in a primary almost guaranteed the success of the candidate backed by the County party organization. Now, many lawmakers could face potentially competitive primary challenges that could reshape which candidates are representing their respective parties in November.
Despite the political intrigue of an election year, there is still nearly a full year remaining for Murphy and the current Legislature which will continue to impact the infrastructure construction industry. In fact, in February, Governor Murphy will unveil his final State Budget which governs state spending for the upcoming year.
After years of dramatic increases in spending, projected budget deficits have led Murphy to call for a hiring freeze and order state departments to identify cuts to reduce expenses by five percent. Addressing these deficits while achieving a balanced budget will
likely dominate the political discourse over the next few months. Moreover, budget discussions bear close watching as any changes to state spending can affect the construction industry.
While the Legislature will soon take up the budget, lawmakers continue to act on a variety of other issues critical to the industry.
UTCA has continued its efforts to delay the “Advanced Clean Truck” Rule which requires a percentage of trucks sold in the state to be zero emission vehicles. UTCA and industry partners sought to delay the effective date of this rule, noting that the state is not prepared for this mandate which could limit the ability to secure vehicles. These efforts led to the introduction of a bi-partisan bill that would push back the implementation of this rule until 2027. While the bill cleared a Committee in December, it has not yet received any additional hearings.
UTCA also engaged in legislation that would require licensure of contractors. Under A-1457, contractors who don’t fall under certain NJ Treasury construction codes or have at least 10 years of experience would be required to complete a college-level construction program or an apprenticeship program, have certain experience, and pass an examination.
UTCA testified in opposition to the bill and is working with the bill sponsor to ensure contractors, including those with Public Works Certificates, are not forced to comply with more bureaucratic red tape to obtain a new license.
Another bill expected to garner legislative attention is a measure that would create an automated system to enforce vehicle weight restrictions near poorly rated bridges. Under S-745, the New Jersey Department of Transportation would establish a weighin motion monitoring program while the Division of Law and Public Safety would be in charge of enforcement, including the issuance of fines. The bill was scheduled for a committee vote before being pulled from consideration; however, it is expected to be on an upcoming Committee agenda.
Another measure was approved by a legislative committee that would require state funded construction projects to utilize plastic construction materials that consist of 10% recycled content. The requirement would apply to materials that contain over 50% plastic but allow an exemption if the material is not available or if the requirement would increase the project cost by 25%. While
UTCA opposed this bill, it cleared the Senate Environment Committee in a vote along partisan lines.
Other bills UTCA is monitoring include legislation requiring contractors to take certain actions during periods of high heat, measures aimed at addressing racial and gender disparities in state contracting and a host of other initiatives that would impose additional requirements on contractors and those who work on public works projects.
While UTCA will continue to oppose bills that would harm the industry, it is also seeking to enact policies that would support the infrastructure construction industry. In fact, legislation was introduced at UTCA’s request that would standardize the amount of retainage that can be withheld by state agencies. Under the bill, which was sponsored by Senator Paul Sarlo, retainage would be limited to two percent for all state agencies. Currently, retainage amounts are determined by each government entity, with some requiring retainage of up to 10 percent.
Another UTCA-backed bill that could soon see legislative action is a measure that would allow Joint Ventures to bid on a public works project as long as each contractor possesses a valid Public
Works Certificate. This measure was also introduced at UTCA’s request after a court held that Joint Ventures must secure a Public Works Certificate to bid on public works contracts.
While UTCA has been busy in Trenton, staff has also been engaging with various industry partners and policymakers beyond the State House. In fact, UTCA’s annual Cocktail Reception during the New Jersey League of Municipalities Convention attracted a host of government officials, including several state lawmakers and even some candidates for Governor.
UTCA staff also provided an industry update to the New Jersey Society of Municipal Engineers, met with the Governor’s Office and the New Jersey Department of Environmental Protection Commissioner to advocate for water funding and participated in a panel discussion at the Jersey Water Works Conference which focused on making investing in water infrastructure a priority for policymakers.
While it has been a busy few months in the political arena, the upcoming state elections and the new leadership in Washington ensure there will be no shortage of issues for UTCA to take on for the next few months and throughout the year.
a new administration and what changes employers can expect
By: Othiamba (“O.T.”) Lovelace, Esq. and Jamie Gold, Esq. | Tobia and Lovelace Esqs., LLC
Employers can expect to see a shift in the National Labor Relations Board’s (NLRB’s) process and enforcement of unfair labor practices under Donald J. Trump’s incoming administration. Most analysts predict that the Trump administration will be more employer-friendly than the Biden administration’s prior pro-union and pro-worker regime. These new developments have a real likelihood of reducing employer’s exposure in pending unfair labor charges and other areas of employment law. This article will highlight some of the significant developments that are likely to occur.
• Appointment of a new NLRB General Counsel
One anticipated change is that Trump, like previous Presidents, will appoint a new Board General Counsel (“GC”) to replace Jennifer Abruzzo. Such a change could be consequential, because the GC, through memoranda, sets forth policies regarding how regional offices should analyze and enforce unfair labor charges against employers.
After his 2020 election, President Joe Biden removed Board General Counsel Peter Robb and appointed Abruzzo in his place. During Abruzzo’s tenure, she issued more than twenty memorandums. Broadly speaking, Abruzzo’s memoranda called for an expansion of damages and remedies that could be sought against employers, and recommended aggressive enforcement actions as well as other pro-worker measures.
For example, Abruzzo issued memorandums that called for the:
1. Expansion of damages that regional offices could seek against employers in unfair labor charges and called for “full make-whole remedies” in cases where employers have maintained overly broad polices or contract terms (such as reinstatement) (GC Memo 24-04);
2. Reiterated her “intention to aggressively seek Section 10(j) injunctions,” explaining why the Supreme Court’s decision in Starbucks Corp. v. McKinney, 144 S. Ct. 1570 (2024), did not change her position (GC Memo 24-05)
3. Supported the Board’s implementation of a “new framework” to protect workers from employee monitoring (GC Memo 23-02); and
4. Set forth her position that non-compete agreements, “stay-or-pay” provisions and employee non-solicit agreements are unlawful under the NLRA (GC Memos 23-08 and 25-01).
A newly-appointed GC by a Trump administration is expected to rescind Abruzzo’s memos and immediately signal a shift from the expansive pro-employee/union approach and interpretation articulated in them and taken during the Biden administration. Employers can then expect the NLRB to return to seeking more limited and traditional damages and remedies such as backpay awards and the use of 10(j) injunctions for only select cases. Employers could also expect that the new GC would not pursue any “new framework” concerning employee monitoring, or advocate for a blanket rule concerning the legality of certain provisions in settlement agreements. The new GC could also potentially withdraw any current and pending NLRB enforcement actions that attempt to carry out the policies set forth in Abruzzo’s memos.
• Changes to the Board composition and decisions
While the GC sets the agenda for how unfair labor charges should be interpreted and enforced, it is the Board that implements the rules and decisions. The Board is made up of five board members, along with the GC. The Board members are appointed by the President, and the Senate must approve the appointments. The Board members are traditionally split with three members from the President’s party and two from the opposing party. As of December 31, 2024 there were three sitting members, comprised of two Democratic appointments (Gwynne Wilcox [Chair], David Prouty) and one Republican appointment (Marvin E. Kaplan).
Under a Trump administration and depending on whether (and when) the Board becomes comprised of a Republican majority, there are a number of Biden Board decisions that may be reversed, including those that are pro-union and employee.
• Potential reversals of Biden’s NLRB’s Pro-Union Decisions
Upon taking office, Biden “promised to be the most pro-union, pro-worker President in history,” and on October 15, 2024, stated that he had “kept that promise.” He proceeded to state:
“Today’s data from the National Labor Relations Board shows the number of workers filing for union representation has doubled since the start of my Administration—the first administration in five decades to have an increase in union petitions. I am proud to have secured the NLRB’s first budget increase in almost a decade.”
The NLRB, under Biden, has indeed made many pro-union decisions. One area concerned union elections. In the NLRB’s 2023 decision in Cemex Construction Materials Pacific LLC and International Brotherhood of Teamsters, the Board changed precedent, and created a new standard for establishing when employers must bargain with unions without a representation election. Under the new standard, after a union requests recognition on the grounds of majority status, the employer has two options. The first is to recognize the union. The second is to file its own petition requesting an election with the NLRB within two weeks. Previously, under the former framework, the employer could either decline or agree to recognize the union. If not recognized, the responsibility was on the union to file a petition with the NLRB requesting an election. Trump’s NLRB will likely reject Cemex and restore the prior standard.
Another area involved captive audience meetings. Historically, the NLRB allowed employers to hold mandatory meetings during union organizing campaigns to express their opinion on unionization. On November 13, 2024, NLRB issued a decision in Amazon.com Services LLC, which overturned that established
precedent, and ruled that captive audience meetings violate the NLRA. Trump’s NLRB will likely reject NLRB’s decision and restore the prior standards.
Biden’s NLRB also reversed standards that had been established by the NLRB under Trump’s first administration. These involved, among other things, when solo protects can be considered protected “concerted activity,” and whether neutral employment rules violate the NLRA. Trump’s NLRB under his second administration will likely restore the prior decisions, which were more management and employer friendly.
How Should Employers Prepare?
Employers must be extremely attentive to changes that Trump’s administration will make to the policies articulated and the decisions set forth by the NLRB during Biden’s tenure. The changes may be immediate, as with the appointment of a new GC, and the rescission of the prior GC’s memos. Or the changes may take place over time as new Board members arrive and various cases become ripe for adjudication. Employers should retain counsel to help them navigate the changing landscape, which could help reduce their exposure with respect to unfair labor charges and other areas of employment law.
For further details, please contact the lawyers at Tobia & Lovelace Esq., LLC at 973-389-6940.
VOLLERSbuilding a future together through employee ownership
At VOLLERS, the idea of legacy has always been a guiding principle. For over 75 years, the company has been defined not only by the projects it delivers but by the people who make it possible. From job sites and demolition to the executive boardroom, a sense of pride and purpose has been the foundation of VOLLERS’ success. And now, in a move that reflects both bold leadership and deep care for its people, the company has transitioned to become 100% employee-owned.
The decision to establish an Employee Stock Ownership Plan (ESOP) wasn’t made lightly. For the last five years, the leadership team has considered the future of the family-run company and the best way to honor its commitment to employees, clients, and the Vollers family legacy. Executive leadership carefully laid the groundwork for this moment, making deliberate investments in the people, systems, and structures that would ensure the ESOP’s success. Employees were offered opportunities to deepen their financial understanding of the business, leadership development
programs were expanded, and processes were streamlined to create a more collaborative and efficient work environment.
“We’ve always been about building something bigger than ourselves,” said Brendan Murray, CEO of VOLLERS. “The ESOP offered us a path forward that prioritizes our employees, enriches the company’s culture, and ensures the VOLLERS name continues to stand for excellence long into the future.”
At its core, this shift means that every employee at VOLLERS is now more than a team member—they are an owner. The impact of this transformation is expected to ripple across the company in powerful ways. Collectively, this will translate to a higher quality of day-to-day execution and faster adoption of innovative processes and technology. The new financial stake also sets up VOLLERS to become a sought-after workplace for top-tier talent.
“When you own something, you approach it differently,” says Chris Vollers, who recently assumed the role of President. “We’re giving our team a direct stake in the success of this company. That’s going to elevate the way we work, the pride we take in what we do, and the results we deliver for our clients. It’s about unlocking potential—individually and collectively.”
Over the years, VOLLERS has maintained steady growth, becoming a reputable leader in the civil construction industry. The umbrella company now consists of Vollers Excavating & Construction Inc., HVI Services, LLC, Layout Inc., as well as a strategic partnership with Assuncao Brothers, Inc. The business is headquartered at the site of the original Vollers family farm in North Branch. The company operates over 200 pieces of equipment, three mechanic shops, a paint shop, material and equipment storage, and two class B recycling facilities. As VOLLERS evolved into a company of companies, the leadership strategical-
Herb Vollers and Grandson
Campus Expansion Project at TCNJ
ly took on a shared-services model for departments like Human Resources, Accounting, Marketing and IT, which allows better resource utilization across all entities.
Diversifying its services has helped the firm thrive for 75 years, even as the competitive landscape has shifted. For instance, the market for corporate office parks that dominated the 1980s transitioned to more life science centers, hospitals, and educational facilities in recent years. Today, there has been a shift toward construction of warehouses and data centers.
“Through our diverse service offerings, we are able to serve the market where the market is,” says Murray. “By offering these comprehensive services under one roof, VOLLERS is uniquely qualified to deliver challenging projects of various sizes for owners and general contractors.”
For instance, when a pharmaceutical company was preparing to sell its headquarters, VOLLERS demolished 500,000 square feet of existing structures, crushed the material, then immediately graded and prepared the site for a new logistics center—all on deadline.
Herb’s four children eventually joined him at the company where they spent summers taking shifts in different departments, from washing windows to working in the mechanic’s shop. Herb’s son, Tom, said this experience gave them an understanding of the full-scale business and taught them the value of hard work.
Throughout his 45 years at VOLLERS, Tom served as President, CEO and currently serves as Chairman of the Board of Directors while his son, Chris, is President.
“Our employees are our biggest asset, and we treat them like our own family,” says Tom. “We are proud that a father would tell his son or daughter that this is a good place to work.”
“This transition to employee ownership honors the legacy of my grandparents, Herb and Nancy Vollers, who built this company on the foundation of family, hard work, and dedication,” says Chris Vollers. “We are excited to empower our employees as stewards of the company’s future, ensuring that their hard work directly contributes to their financial and professional growth.”
On another recent project, they had to move over 150,000 cubic yards of material within an urban setting, noting that the hole they dug was nearly as deep as the building itself. Very few contractors can perform these services at that scale.
Notably, VOLLERS has little turnover among their 100% union labor. The staff of around 300 swells to approximately 400 seasonally. This is an incredible accomplishment when one remembers the firm started with just two employees: a husband and wife and their one dump truck.
Humble Beginnings—A Hopeful Future
Although his family had been farming for generations, Herb Vollers didn’t see farming in his future. Instead, he began installing drainage in local farms and digging basements for farmhouses and barns. He soon found work in commercial construction and residential developments, and together with his wife Nancy they founded VOLLERS.
As VOLLERS adapts and grows, it will continue to adhere to the family values and commitment to integrity that helped the brand earn its prestigious reputation. The leadership plans to expand the company’s brand identity and geographic footprint in coming years, beyond New York, New Jersey and Pennsylvania where most of its current work is located.
After three quarters of a century in the construction business, VOLLERS is not slowing down. What’s clear is that the transition to employee ownership isn’t just a change in structure—it’s a reaffirmation of what the company stands for. It’s a promise to employees that their contributions matter and that their stake is significant. It’s a signal to clients that their projects will be handled with even greater care and dedication. And it’s a commitment to the legacy of the Vollers family, whose name will continue to represent excellence for generations to come.
Cover Story
The door from an early Vollers Mason Dump
Celebrating Vollers' 75th Anniversary
governor seeks to make clean energy goals permanent in 2025
By: kyle england, director of environmental and utility operations
Once a year, the Governor of New Jersey stands before members of the Legislature and residents tuned-in at home to deliver his or her annual “State of the State” address. Much like the State of the Union, this moment affords the Governor the opportunity to tout past accomplishments, highlight the status of current initiatives and lay out major priorities the Administration wishes to tackle for the next twelve months. It is a time to set the tone. On January 14, 2025, Phil Murphy gave an impassioned speech with a tone conveying, “I’m not done yet”.
I’ll let you decide on your own if those four words instill a sense of pride or dread. For the UTCA, one of the most notable of the Administrations’ priorities was Murphy’s call to the Legislature to take action to codify, or formally cement, the climate goals he has previously set for the state into law.
These goals could be enacted in existing legislation known as the “New Jersey Clean Energy Act of 2024,” which would require all electricity sold in our state to be from clean energy sources by the year 2035. You may have heard this item as part of the broader set of standards known as the New Jersey Energy Master Plan (EMP). The EMP lays out several goals including:
• Reducing energy consumption and emissions in transportation
• Accelerating deployment of renewable energy and distributed energy resources
• Achieving energy efficiency and conservation to reduce peak demand
• Reducing building energy use
• Decarbonizing and modernizing New Jesey’s energy system
• Community energy planning and action in underserved communities
• Expanding the clean energy innovation economy
The Energy Master Plan outlined a timeline for clean energy by 2050; that is until the Governor signed an executive order expediting the mark to the 2035. Without legislation, the standard can very easily be dismantled by the next Governor to step into office.
UTCA’s POSITION
UTCA does not oppose goals related to increasing the portfolio on renewable energy, in particular. UTCA members build utility scale renewable energy projects and want to build more of them, including offshore wind projects. They also build natural gas pipelines, energy plants and the transmission networks that bring the energy produced to where it’s needed. As such, UTCA supports a diverse portfolio of energy resources and investments in associated infrastructure.
However, UTCA believes that implementation of clean energy goals should be staged incrementally. Progress should not be measured in a binary, “clean vs. dirty” metric. Progress should be viewed as a transition to energy sources that will make a measurable improvement to public health along the way to the stated goal of a 100% renewable energy future.
UTCA opposes these transitions should they come in the form of mandates on transportation infrastructure particularly when the industry is not yet prepared to meet them. Setting a goal is good business practice, but implementing a timeline for the purpose of speeding to the end point can negatively impact the industry.
We’ve just begun to see the consequences of this policy with the NJDEP’s Advanced Clean Trucks rule. Effective January 1, 2025, the regulations require a certain percentage of sales of new trucks to be zero-emission vehicles, with that percentage increasing every year through model year 2035. This regulation essentially copied rules set forth on the opposite end of the country by the California Air Resources Board (CARB) and was expected to automatically fit the mold in New Jersey. The UTCA and several stakeholder groups strongly urged the NJDEP to delay these rules until the industry can catch up, but the Administration chose to advance their agenda regardless.
We can expect the next year to be somewhat tumultuous as Governor Murphy seeks to cement his legacy as the “Greenest Governor” by imposing these clean energy policies. The UTCA will remain engaged to make sure the concerns of the infrastructure construction industry are front and center. Please reach out to me at Kyle@utcanj.org if you are interested in learning more about these efforts.
The
patrick dicerbo celebrates 35 years in business
By: missy beckwith
Patrick DiCerbo’s clients are building the backbone of America—from roads, tunnels and bridges to buildings and other infrastructure. “My clients are creative thinkers and risk takers. They’re solving seemingly unsolvable problems.”
As a wealth management advisor with Northwestern Mutual, DiCerbo creates financial plans that protect these risk takers, their business, and their families, keeping them afloat during the tough times and helping their businesses flourish from one generation to the next.
DiCerbo got his start as a cultural anthropology major, inspiring his passion for helping people. Since 1988, DiCerbo has been helping clients reach their financial goals. The CERTIFIED FINANCIAL PLANNER® professional has a Master of Science in Financial Services along with a long list of professional designations. DiCerbo primarily serves clients in the construction industry.
“I’ve been working with building and construction company owners and senior managers for over 30 years. I understand the legal and accounting challenges and the banking and surety issues they face. That in-depth understanding of the industry’s challenges helps me better serve my clients.”
DiCerbo, headquartered in Albany, New York, along with a nationwide network of colleagues, serves clients in 26 states and
has ready access to products from a highly rated company. The team provides both insurance funding and investment funding products, including life, disability and long-term care insurances, as well as individual stocks and bonds, mutual funds and related products. DiCerbo works closely with Joseph Burdi, wealth management advisor, and his Legacy Wealth Planning team located in Bedminster, NJ.
Family History Rooted in Construction Business
DiCerbo has a deep and abiding respect and love for those in the construction industry which is rooted in his family’s history. His wife, Jennifer, and late father-in-law, Ernie, both have civil engineering experience. Ernie and his brothers worked for Thalle Construction Company, which was founded by their father and uncle. When they sold their ownership stake in the company, Ernie’s brother, Ronnie, formed Briar Construction Corporation in Peekskill, New York, while Ernie went into real estate development.
According to DiCerbo, Ronnie’s business was fabulously successful—until a tragic event put the company in jeopardy. “Ronnie died in a plane crash in 1989. My father-in-law stepped in to help run the company, but the business was eventually liquidated,” he says. During that time, DiCerbo was providing insurance solutions primarily for bank executives. After the merger of several banks, DiCerbo’s clients were getting moved or forced into retirement.
“I remember talking to my father-in-law about the challenges I was having with my work,” DiCerbo says. “He recommended I start serving middle market companies in building and construction. He told me that Ronnie could have used someone like me to make the transition easier for the business and for Ronnie’s family.”
DiCerbo took the advice to heart and began providing financial services to the construction industry. He explains that for most business owners, their greatest asset is their operating company. When tragedy strikes, solid financial and estate plans can help mit-
Patrick DiCerbo
Northwestern Mutual Albany Network Office
igate disaster for the company and for the owner’s family. When an owner dies, there are several things that can impact the business negatively, from potential talent voids due to employees leaving, to cash calls - when the bank calls to demand repayment on a line of credit or suppliers demand to be paid before finishing a job. There is also the bonding company, which may step in and begin dictating what a business can or cannot spend money on. Suddenly, the decision-making is under the microscope.
Caring for Clients with Active Listening and Intentional Planning
DiCerbo cites a recent meeting with a business owner in his 60s. “The client and his wife were needing help with retirement and succession planning. Though the client’s dream was that his daughter take over the company and take the business into its third generation of ownership, that dream also represented his biggest fear, since he worried she might fail and jeopardize the business,” he says. “During our two-hour meeting, I spoke very little, just let the client pour out his life story. Through active listening, I was able to understand his philosophy on running his business, the challenges he faces, and his greatest fears. From that meeting, I brought in a partner, and we customized a financial plan and a succession plan for those who have existing ownership in the company.”
DiCerbo admits that some clients don’t have the time to go through the financial planning process. “For those who take the time to go through the process, we can design a plan that is very intentional. We don’t get caught up in the funnel of product solutions. We’re focused on the human being. Sometimes, the financial plan isn’t at all what I thought it would be initially. We prescribe a solution that fits the client and a plan they’re comfortable with.”
DiCerbo understands that some clients come to the table wary of the process. “It can be hard to disrobe emotionally, to confide in someone about your hopes and dreams and about the things you’re most worried about. I’m an active listener. I’m not here to judge. I want to hear all about your life and what challenges you face.”
Outside of his professional life, DiCerbo cherishes his time with his wife Jennifer and their two daughters, finding joy in family activities, working out, and competing in triathlons. Through his podcast, "The Most Fascinating Podcast in the World," he continues to explore the compelling stories of human beings, showcasing
his ongoing passion for connecting with and understanding people.
With a career spanning over three decades, Patrick DiCerbo remains committed to helping his clients secure prosperous futures, one thoughtful conversation at a time.
Northwestern Mutual is the marketing name for The Northwestern Mutual Life Insurance Company (NM) (life and disability Insurance, annuities, and life insurance with long-term care benefits) and its subsidiaries, including Northwestern Long Term Care Insurance Company (NLTC) (long-term care insurance), Northwestern Mutual Investment Services, LLC (NMIS) (investment brokerage services), a registered investment adviser, broker-dealer, and member of FINRA and SIPC, and Northwestern Mutual Wealth Management Company® (NMWMC) (investment advisory and trust services), a federal savings bank. NM and its subsidiaries are in Milwaukee, WI.
Patrick A Di Cerbo is an Insurance Agent of NM. Patrick A Di Cerbo is an Agent of NLTC. Investment brokerage services provided by Patrick A Di Cerbo as a Registered Representative of NMIS. Investment advisory services provided by Patrick A Di Cerbo as an Advisor of NMWMC.
Patrick DiCerbo and Joseph Burdi maintain separate financial representative practices, but frequently collaborate as Northwestern Mutual colleagues.
Certified Financial Planner Board of Standards, Inc. (CFP Board) owns the CFP® certification mark, the CERTIFIED FINANCIAL PLANNER™ certification mark, and the CFP® certification mark (with plaque design) logo in the United States, which it authorizes use of by individuals who successfully complete CFP Board's initial and ongoing certification requirements.
2025 employee benefits market outlook
By: karen walsh, senior sales consultant - benefits division, insurance office of america
The Rising Costs of Employer Health Benefits
Health care costs are projected to increase substantially in 2025. According to industry surveys and reports, employers anticipate health care costs to increase between 7%-8% in 2025. As a result, employer-sponsored health care plans will continue to cost more per employee, impacting employers and employees alike.
Current factors leading to increased costs reflect inflationary pressures that have impacted health care since 2022. Medical inflation, rising pharmacy spending, and increased demand for behavioral health care services are likely to continue the rising trajectory of health care spending.
Keeping up with rising health care costs is one of the most difficult challenges for employers. Zywave’s 2024 Broker Services Survey found that employers ranked mitigating health care costs as their top challenge related to employee benefits. Ongoing education about the state of health insurance can help employers understand the drivers of these cost increases and the impact on employer-sponsored health care.
Key Drivers of Cost Increases
As 2025 begins, employers remain curious about what factors are driving these increases. Here are some key factors impacting rising health care costs in 2025:
GLP-1 Drugs
Although initially approved as Type 2 diabetes treatments, glucagon-like peptide-1 (GLP-1) drugs have been found to be effective for weight loss when paired with diet and exercise. GLP-1 drug use for weight loss is already widespread but is expected to increase in popularity. GLP-1 medications typically cost around $1,000 per month. These costly medications are intended to be taken in perpetuity to achieve their benefits. This means that GLP-1 users must use these high-cost treatments on an ongoing basis to experience health benefits.
Specialty Medications
Drugs that fall under categories such as immunosuppressants, cell and gene therapies (CGT), biologics and antivirals are responsible for a significant portion of overall health care spending. For example, biological drugs are one of the fastest-growing categories of pharmacy spending. According to a report published in the medical journal JAMA, biologics make up only
2% of prescriptions but account for 37% of net drug spending. Other specialty treatments, such as CGT, can carry an even greater cost. Some treatments may cost thousands of dollars per week; others can cost between $250,000 and $4.25 million for a single dose. By 2025, it’s estimated that nearly 100,000 patients in the United States will be eligible for CGT, which could cost $25 billion.
Total Prescription Drug Spending
Employers consider prescription drug spending the fastest growing component of total health care spending. Many common prescriptions are likely to increase by 4%-10%, while the growing number of patients using high-cost drugs is expected to directly impact total health care spending. Plan participants are expected to use more prescription drugs due to specific treatments gaining popularity, an increase in chronic diseases, an aging population and more patients qualifying for new treatments entering the market.
Chronic Health Conditions
Around 90% of U.S. health care spending is on people with chronic and mental health conditions. Chronic conditions include heart disease, stroke, cancer, diabetes, arthritis, and obesity. Chronic disease is increasing in prevalence in the United States and is projected to continue to do so in 2025 and the upcoming decades.
Aging Population
Due to increasing life expectancy and decreasing birth rates, the percentage of the U.S. population that is 65 or older continues to rise. Per-person personal health care spending for this population is around five times higher than spending per child and almost 2.5 times the spending per working-age person.
Health Care Cost Mitigation Strategies
Health care costs will likely rise significantly in 2025, but employers can take action to lower costs. Whether it’s standard cost mitigation strategies, such as cost sharing, or new initiatives to lower pharmacy costs, employers can consider which strategies can have a tangible impact on their health care spending.
GLP-1 Cost Management
To mitigate exposure to GLP-1 costs, many health plans and employers strictly cover these drugs for Type 2 diabetes. Plans
that do cover GLP-1s may be able to mitigate total spending by ensuring they are taking full advantage of rebates and coupons.
Cost Sharing
Rising health care costs will likely be passed on to employees and employers alike. Shifting costs to employees is rarely the first option for an organization, but as cost increases continue, it becomes increasingly difficult for many employers to shoulder the burden solely. To manage rising costs, many employers may be forced to raise employee contributions, resulting in higher out-of-pocket costs for plan members when they seek care.
Preventive Care Education
With chronic diseases rising each year, proactive employers will focus on prevention. Chronic diseases are costly, yet many of them are preventable. Through screenings, annual checkups, immunizations and counseling, preventive care can help detect or prevent diseases and medical problems before they become more serious. Employers can focus on providing an overview of preventive care, demonstrating its value, outlining what preventive care services their health care plan offers, and offering suggestions on when to use preventive services or screenings.
Prescription Drug Savings Programs
While pharmacy spending is a key factor in increasing costs, employers have several strategies available to reduce prescription drug costs. These include alternative drug channels and pricing, such as promoting drug discount cards and allowing members to buy medications from retail or “cost plus” outlets. Direct-to-consumer prescription delivery programs may also be able to lower costs for common drugs.
Voluntary Benefits
As healthcare costs continue to rise, so does the demand for voluntary benefits. Since many employers find it increasingly difficult to provide employees with a complete benefits package, voluntary benefits have become an ideal solution to round off their offerings. Voluntary benefits supplement traditional benefits like health insurance and are available to employees for elective purchase. Voluntary benefits are offered through an
employer but paid fully or partially by employees through automatic payroll deductions. They allow employers to offer attractive employee benefits without added cost to the company.
Accident, critical illness, and hospital indemnity insurance stand out as more employees become interested in ways to help offset unexpected deductibles, copays, coinsurance, and other expenses when faced with an accident, serious illness, or hospital stay. Student loan repayment assistance, Cybersecurity, and Identify theft protection are also trending in popularity. Disability and life insurance products also continue to be a needed benefit in order to help employees protect their income in case of an illness or injury that limits their ability to work, or in case of an unexpected death.
Voluntary benefits are helpful add-ons that can round out any benefits package. They help provide value to employees without raising employers’ costs, making them powerful tools for attraction and retention. These extra perks also allow for more personalization to help satisfy each worker’s unique needs.
Conclusion
The employee benefits market is expected to undergo significant shifts in 2025. For employers, there will be a continued need to offer competitive compensation and benefits packages not only to attract new employees, but help current employees offset the pressures of rising health care costs as well. A strategic focus on voluntary benefits can also be a great way to bolster your benefits offerings, add value for your employees, and potentially improve retention in a hard labor market.
Beyond these financial incentives, it is equally important that employers continue to take a holistic approach to employee well-being, prioritizing their worker’s physical and mental health. Doing so can help foster a resilient and engaged workforce.
Ultimately, 2025 will require employers to be strategic and adaptable as they navigate imminent challenges. As always, Insurance Office of America is here to help as a trusted advisor, providing up-to-date information on the latest developments and supplemental resources employers can use to educate themselves and their employees. Reach out to learn more.
collaborative effort to repair route 80 sinkhole over holiday break
Over the holiday break an unexpected collapse of a mine shaft beneath Route 80 in northern New Jersey caused a massive sinkhole, forcing the closure of a critical section of highway. This incident posed significant safety risks and disrupted travel on one of the state’s busiest transportation corridors.
In response, the New Jersey Department of Transportation (NJDOT) called on IEW Construction Group to help address the emergency. Recognized for their expertise in heavy highway construction and emergency response, IEW quickly mobilized to lead the restoration efforts. Working alongside HNTB, which was engaged by NJDOT to assess the structural implications and develop an effective repair plan, the team initiated a collaborative effort to restore normalcy.
This effort was a testament to the power of teamwork, technical expertise, and a shared commitment to public safety and infrastructure.
IEW Construction Group swiftly deployed its team of managers, field leaders, equipment operators, and laborers. Within an hour, they were on-site, ready to stabilize the roadway. Meanwhile, HNTB’s geotechnical and structural engineering expertise provided essential guidance to address the damage caused by the collapsed mine shaft.
Safety remained the top priority throughout the operation. IEW crews quickly closed the roadway, stabilized the sinkhole perimeter, and deployed specialized equipment to secure the surrounding ground and prevent further collapse.
Once a plan was finalized, IEW moved swiftly to execute the solution. Using a combination of reinforced fabric, various grades
of stone backfill, reinforced concrete, and controlled backfilling techniques, the team stabilized the void left by the collapsed mine shaft.
“It’s incredible to see how everyone came together,” said Joe Accurso, IEW’s Executive Vice President. “This kind of collaboration doesn’t just happen—it’s the result of years of trust and partnership within the NJDOT and construction community.”
This emergency response was particularly remarkable because it occurred during the holiday season. Many team members gave up their holiday break plans to work tirelessly around the clock in challenging conditions. Their dedication demonstrated a collective commitment to serving the community.
In less than 96 hours, Route 80 was fully reopened, allowing traffic to resume safely. This achievement highlighted the construction industry’s ability to rise to the occasion during times of crisis and underscored the importance of collaboration and preparedness.
IEW Construction Group extends its gratitude to its labor partners, vendors and subcontractors who played a vital role in this effort by quickly furnishing materials and services: Heavy Highway Laborers 472/172, Local 825 Operating Engineers, Ironworkers Local 11, Tilcon, Sparta Redi Mix, Ameritech Slope, Extech, Precision Concrete Pumping, Keytech, Road Safety Systems, Braen Stone, Jefferson Recycling, Komatsu NJ, and JESCO.
The successful repair of the Route 80 sinkhole stands as more than just an engineering accomplishment—it is a powerful example of what can be achieved when owners, engineers, and contractors work together to protect and serve their communities.
View of the Sinkhole on I-80 Eastbound in Morris County during the morning hours on December 26, 2024.
IEW Crew places concrete for the reinforced relief slab as part of the sinkhole repair.
oxon technologies cracks the code for combustion and emissions
By: tracy barrett, director of marketing, oxon technologies
In 2023, New Jersey Governor Phil Murphy announced his state’s commitment to combat climate change by declaring an “unequivocal commitment to swift and concrete climate action today”.1
As New Jersey strives to reduce emissions and protect the environment, public transit authorities and private companies throughout the state are looking for alternative technologies. But what technologies are available? How can fleets meet state sustainability goals? Can reducing carbon intensity be achieved without compromising productivity and without significantly increasing operating budgets?
The answer is yes, by using the “further, cleaner, greener” product OxonTM Build. Developed by Oxon Technologies of Henderson, NV, OxonTM Build is a groundbreaking fuel solution used in the construction sector. When added to fuel in very small amounts, this patented solution optimizes combustion conditions enabling “a faster flame.” With a faster flame, or earlier fuel ignition during the combustion process, a reduced amount of fuel delivers the same amount of power. Additionally, OxonTM Build significantly lowers carbon dioxide equivalent (CO2e), nitrogen oxide (Nox) and soot emissions, improving vehicle maintenance and reducing wear and tear on after-treatment systems.
Pride and Purpose, Petillo Companies
Among New Jersey fleets using OxonTM Build is Petillo Companies, owned by Sterling Construction Company, Inc. Petillo Companies is headquartered in Flanders, New Jersey, and has added OxonTM Build to its sustainability and efficiency program. Petillo began treating its ULSD (diesel blend) with OxonTM Build in June of 2022. Initially, 77 pieces of medium and heavy-duty Caterpillar equipment used the treated fuel, and data was
tracked by the Caterpillar VisionLink telematics software. After strong results, OxonTM Build fuel was expanded to include 300 pieces of equipment. To date, under real world conditions, OxonTM Build has delivered a 10.02% average annual fuel efficiency improvement and a reduction of 762.58 tons of CO2e emissions.
With these strong results, Petillo continues to use OxonTM Build, even recently noting that their DPF (Diesel Particulate Filter) service intervals are being extended by an additional 1,000 –
1,500 hours. Ultimately the entire fleet could reduce their CO2e emissions by 3,000+ tons per year.
“From significant fuel and emissions savings, to reduced DPF regens, to maintenance savings, the results from using OxonTM Build are substantial. We look forward to continued savings from OxonTM Build.” Michael Petillo, CEO.
Another company using OxonTM Build is Weldon Materials Inc. of Westfield, New Jersey, which supplies assorted materials to the construction industry. In June of 2024, Weldon began using OxonTM Build fuel in 32 pieces of Caterpillar and Komatsu machines at their Watchung, NJ facility. This medium and heavy duty equipment continues using OxonTM Build fuel and results are positive. Data from VisionLink continues to be monitored and will be released at the end of the pilot program.
Just over the border in Pennsylvania is customer York Building Products, a Stewart company. York products include cement, concrete, masonry, hardscape supplies, and the company maintains quarry and asphalt operations. The York pilot ran for seven months and included a variety of Caterpillar, Komatsu, and John
Plateau Excavation at work
Deere equipment, totaling 13 pieces. At the pilot’s conclusion, York had increased their average fuel efficiency by 13.35% and reduced their carbon emissions by 133.07 tons.
Petillo’s sister company, Plateau, is one of the largest and most technologically advanced site infrastructure contractors in the Southeast. Plateau tested OxonTM Build for five months in 2023 on 51 pieces of Caterpillar equipment and based on their success, expanded their use. To date, Plateau has increased their average fuel efficiency by 10.34% and reduced their estimated carbon emissions by 12,804 tons, which is the amount of carbon it would take 486,550 trees to store in a year.2
Oxon Technologies is proud to be working with Petillo Companies, Weldon Materials, York Building Products and Plateau. As innovators in the construction/infrastructure space, these forward thinking, environmentally conscious companies are committed to reducing carbon intensity throughout their fleets.
With OxonTM Build easily integrated into their equipment, these North and Southeast fleets are strategically positioned to combat climate change, while benefiting from reduced fleet maintenance and increased fuel efficiency.
For more information visit www.oxon-tech.com, or to improve your fleet’s performance, call (785) 328-4200.
1 https://www.nj.gov/governor/news/news/562023/20230215b.shtml
2 https://onetreeplanted.org/
Weldon Materials
