Market Recap: RISI Crow’s Construction Materials Cost Index
A price index of lumber and panels used in actual construction for Dec. 7, 2012
*Western – regional species perimeter foundation; Southern – regional species slab construction.
Crow’s Market Recap — A condensed recap of the market conditions for the major North American softwood lumber and panel products as reported in Crow’s Weekly Market Report.
Lumber: Upward market momentum influenced prices early in SPF lumber. Already sold out for much of December, mills increased prices and continued to fill in the month. Order files for some items, certainly 2×6 #2&Btr, stretched into early January. Despite lackluster sales, Southern Pine lumber producers were in no hurry to lower prices. Likewise, buyers were in no rush to pay current prices. This left what several traders described as a "standoff." Sales activity remained strong in the Coastal species lumber market, driving prices higher. Order files out two to three weeks at some mills are keeping dry availability constricted. Spotty discounts of green Doug Fir appeared. The Inland species lumber market remained strong, in spite of slower sales volumes. Buyers looked to alternate sources for coverage, as mill order files moved into or past the upcoming holiday week. Market activity for Radiata Pine improved, as buyers began to look at covering first quarter needs. Sales activity for Ponderosa Pine Mldg&Btr was light, as buyers made selective purchases for immediate needs. In spite of the slow sales pace, prices were firm. The overall market for Ponderosa Pine boards was unchanged, with only a few prices adjusting down while a couple improved. Eastern White Pine producers reported a firm market. Light inventories at mills kept the Idaho White Pine market on firm ground. Although a few producers reported a slightly slower pace to the Western Red Cedar market, sales overall were still solid and mills continued to fill in the first quarter of next year with orders.
Panels: The tone of OSB markets was one of quiet firmness. Shipment time rather than price was often the determining factor in whether a buyer issued a purchase order or not. Buyers were uncomfortable with extended lead times. After a sluggish beginning, Southern Pine plywood sales increased significantly on Wednesday. Producers discounted some items to attract sales, and buyers reacted by purchasing enough volume to push mill order files well into the latter half of December. Western Fir plywood producers experienced a good week of sales, limiting availability of product for the remainder of the year. Distributors purchased steady replacement volumes, experiencing cooperative weather throughout much of the U.S. Canadian plywood buyers seeking quicker shipment times than those offered by producers turned to distributers to cover their immediate needs. Not everyone is in agreement on the strength of the market. Particleboard and MDF producers reported a good week of sales. A few noted they had their best sales week in particleboard in months, while others sold more than they have in several weeks.
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12 tips to comply with FMLA
Family and Medical Leave Act (FMLA) compliance is difficult and annoying, said Mark Oberti, an attorney with Oberti Sullivan LLP in Houston, at the National Employment Law Institute’s Annual Employment Law Conference in Arlington, Va., Nov. 16, 2012.
The U.S. Department of Labor’s FMLA regulations often aren’t much help, as they rarely make it clear when an employer may fire someone, he added.
Oberti outlined 12 compliance strategies for employers:
• When in doubt, send the employee the notice of eligibility and rights.
• Provide written notice of approval or disapproval of FMLA leave to the employee.
• Have a specific, formal policy to request leave, and adopt and enforce a call-in policy. Be reasonable about enforcing the policy, he cautioned. For example, cut employees some slack if they call in to their supervisors, instead of HR, even if the policy provides that they call HR.
• Be extremely cautious about terminating employees on FMLA leave.
• Train managers on FMLA basics. Uninformed managers may complain that they don’t want to return a difficult employee to his or her job or an equivalent position.
• Don’t even bother with the option to reinstate a returning employee to an “equivalent position.” Return an employee to the same job if it still exists, Oberti suggested.
• Invoke the employer’s rights in intermittent leave situations with caution. An employer can’t ask for certification of fitness to return to duty for each absence on an intermittent schedule. It can request fitness-for-duty certifications up to once every 30 days if reasonable safety concerns exist about the worker’s ability to perform duties, based on the serious health condition for which leave was taken. Be careful, as the job safety provision is very narrow, Oberti emphasized.
• Select your 12-month FMLA period in writing. If an employer doesn’t designate in written materials available to employees which leave-year option it has selected, the employer can’t later pick the method most advantageous to it. Instead, courts will apply the most advantageous method for the plaintiff, as required by FMLA regulations (see 29 CFR § 825.200(e) and Thom v. American Standard Inc., 666 F.3d 968 (6th Cir. 2012)).
• Do not fire workers employed just shy of a year to try to avoid giving them FMLA leave. Oberti cited an 11th Circuit decision that a pre-eligible FMLA request for post-eligible maternity leave is protected activity (Pereda v. Brookdale Senior Living Communities Inc., 666 F.3d 1269 (11th Cir. 2012)).
• Do a thorough “FMLA scrub” before each termination. Check attendance records and confirm with the manager whether the person up for termination is on FMLA leave currently or has been on it recently. Review recent performance evaluations or warnings to see if any absence that might be FMLA leave is mentioned as a reason for termination or discipline. Ensure the termination is not in retaliation for the employee’s exercise of FMLA rights.
• Don’t forget about the FMLA’s prohibition on retaliating against those exercising their rights under the law.
• Finally, appoint an FMLA leave “czar” — someone tasked with doing an FMLA scrub for every termination to make sure the employer is compliant. Because the FMLA has individual liability — where supervisors can be held personally liable for violations — “Pick someone you don’t like” to be the “czar,” Oberti joked.
Allen Smith, J.D., is manager, workplace law content, for SHRM.
©2012 SHRM. All rights reserved.
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Merillat Cabinetry responds to white trend
Ann Arbor, Mich.-based Merillat Cabinetry launched a Merillat Classic line, described as new solutions to meet the hottest must-haves — white kitchens, universal design and the need for budget-conscious options.
“Merillat works closely with consumers and professionals to provide beautiful options that meet the most sought-after design and functionality needs,” said Sarah Reep, director of designer relations and education for Merillat. “This launch reflects trends that are here to stay — an important factor in any kitchen and bath remodel.”
White kitchens continue to grow in popularity. Merillat’s new Cotton paint finish is an on-trend, bright white paint that serves as the perfect backdrop to colorful accents and a complement to a wide range of appliance finishes, floor treatments and countertop materials. The new Cotton finish is available on select Maple door styles.
“Today’s families are looking for fresh, bright and inviting spaces,” said Reep. “After years of economic hardship, a trend toward clean white lines speaks to a feeling of optimism.”