Tuesday, February 2, 2021
MARK YOUR CALENDARS!

February 10: AIACOC Board Meeting
February 11: AIACOC Virtual Luncheon
February 16: AIACOC COTE Committee Meeting
February 16-19: Virtual AIA National Grassroots Conference
February 26: AIA Sporting Clays Tournament
April 8: AIACOC Luncheon
April 22: Architecture after 5 hosted by Manhattan Construction
April 24: Pella Windows & AIA Corn Hole Tournament
May 3: AIACOC Golf Tournament
May 13: Architecture after 5 hosted by FSB
June 10: AIACOC Luncheon
June 17: Architecture after 5 hosted by ZFI Engineering
AIA Central Oklahoma February Virtual Luncheon Next Week!
Join us on Thursday, February 11th at 11:45 a.m. for the AIA Central Oklahoma February Luncheon! This program will be held virtually via Zoom. We're excited to announce that our guest speakers will be Wardell Ross, Jr., AIA and Drew Deering, AIA of the AIA National Architecture Firm Award Winner, Moody Nolan. 
Wardell Ross Jr., AIA, NOMA, NCARB
SENIOR ASSOCIATE
DIRECTOR OF HOUSTON OPERATIONS
Moody Nolan, Inc.
Wardell has gained extensive experiences in the healthcare, educational (Collegiate & K-12), civic, and hospitality markets over his 23 + year career in Architecture & Community engagement working in Ohio and Texas. Through those experiences as a registered architect, he has developed a sensitive approach in identifying client needs early in the project delivery timeline, from the most well-established institutional clients to the clients of undeserved communities.
 
Wardell’s work is grounded in service, efficient project management, professional integrity, and appropriate design. This approach was developed from the integration of his military service, extensive community outreach, and ministry experience. Architecture is his profession, but more so a tool connecting him to his passion of supporting under resourced organizations, communities, and individuals committed to the development of vulnerable or marginalized populations, as a result of his foundational faith in God. 
Drew Deering, AIA, LEED AP
ASSOCIATE PRINCIPAL
Drawing from over two decades of his architecture experience across a diverse spectrum of architectural projects, Drew approaches architecture to ensure the careful execution of projects at Moody Nolan. Informed by his great passion for creating buildings that positively impact people and communities, Drew works closely with clients to realize their project visions. His in-depth project management and construction administration experience have driven the successful completion of projects from colleges, K-12 schools, arenas, and recreational centers across the country.

Mr. Deering currently serves as the First Vice President / President Elect for AIA Chicago where he has served on the Board of Directors since 2017. Drew has served as the Chair of the AIA National Regional and Urban Design Knowledge Community. He served on the inaugural members of the National Associate Committee, as the AIA Central States Regional Associate Director, and as the Associate Director for AIA Missouri. For AIA Chicago, he has served as Treasurer, Director, and Chair of the Regional and Urban Design Committee. Drew is active in his Chicago neighborhood of the Logan Square serving on multiple community organizations and continues his involvement with his child’s school non-profit organization “Friends of Brentano”.
Plan to grab your lunch and join us on February 11th at 11:45 a.m. via Zoom to learn more about the work of Moody Nolan. AIACOC Members attend free and the nonmember cost is $10.00. The deadline to register is Wednesday, February 10th. 
Thank you to our February Luncheon Sponsor!
Register for the AIA Sporting Clays Tournament
AIA Eastern Oklahoma Women in Design Invite AIA Central Oklahoma Women in Architecture to Executive Women's Business Owner Panel
Join AIA Eastern Oklahoma on February 24th at 5:30 p.m. for their annual WiD (Women in Design) kickoff as we hear from 4 of our amazing and talented women in the Tulsa area for our Executive Women's Business Owner Panel! Our featured panelists are: Sarah Gould, Molly Jones, JayCee Kearns, and Whitney Stauffer!

The cost to register is $10

Please RSVP at HERE to get the Zoom link. Questions? Email Lindsey Ellerbach at lindsey@aiaarchitects.com
Attention Associate AIA Members
If you're an Associate AIA member, we'd ask that you take two minutes to take this short survey. This will assist Donovan Linsey, the AIA Central Oklahoma Associates Director, and his committee in better planning for the 2021 Associates events and programs.
Mark Your Calendars for Corn Hole!
AIA Golf Tournament - May 3, 2021

Registration Opens in March
AIA Oklahoma Conference Call of Speakers
AIA National Conference on Architecture Going Virtual
Information on New Fair Labor Standards from Tom Spector at Oklahoma State University

New Fair Labor Standards Rules for 2021 May Impact Architectural Employers
 
The faculty of the OSU School of Architecture deeply appreciate state architecture firms’ willingness to offer employment to our graduates as well as to those seeking summer employment, and never more so than in such uncertain times. In such times, architects may be understandably motivated to limit their financial commitments by engaging some people as independent contractors, but this motive should be exercised in full understanding of revised Fair Labor Standards Act rules coming into effect March 8, 2021. With these rules, the Department of Labor (DOL) has attempted to clarify who can be legitimately classified as an independent contractor and who cannot.
 
 In regards to determining who is and who is not legitimately classified as an independent contractor, the DOL holds that “The ultimate inquiry is whether, as a matter of economic reality, the worker is dependent on a particular individual, business, or organization for work (and is thus an employee) or is in business for him- or herself (and is thus an independent contractor).”
This is called the economic realities test. A finding of economic dependence will, under the new rules, largely hinge on two factors: “(1) The nature and degree of the worker's control over the work; and (2) the worker's opportunity for profit or loss.”
 
Regarding the economic dependence test the Department of Labor advises that:
“At bottom, the phrase “economic dependence” may mean many different things. But in the context of the economic reality test, “economic dependence” is best understood in terms of what it is not. The phrase excludes individuals who, as a matter of economic reality, are in business for themselves. Such individuals work for themselves rather than at the sufferance or permission of a potential employer, see 29 U.S.C. 203(g), and thus are not dependent on that potential employer for work. Section 795.105(b) therefore recognizes the principle that, as a matter of economic reality, workers who are in business for themselves with respect to work being performed are independent contractors for that work.”
 
The second important factor examines the nature and degree of the control over the work.
This test “weighs towards the individual being an independent contractor to the extent the individual, as opposed to the potential employer, exercises substantial control over key aspects of the performance of the work, such as by setting his or her own schedule, by selecting his or her projects, and/or through the ability to work for others, which might include the potential employer's competitors.”
 
The advice from the DOL goes on to remind that voluntarily agreeing to independent contractor status is not sufficient: “The Supreme Court, however, held in Tony & Susan Alamo, 471 U.S. at 302, that the FLSA must be ‘applied even to those who would decline its protections.”’
 
This alert to the new rules in no way substitutes for employers’ need to consult with their attorneys but is intended only to call attention to the fact that new rules will soon be in place that may impact firms’ decisions regarding how they classify people who help them produce their work.
 
Tom Spector, AIA, Ph.D.
School of Architecture
Oklahoma State University
Source: https://www.federalregister.gov/d/2020-29274/  see especially pages 116, 129 and 243.

 
Webinar: New DOL Final Rule On Employee vs Independent Contractor Status under FLSA Effective March 8, 2021
This webinar titled "New DOL Final Rule On Employee vs Independent Contractor Status under FLSA Effective March 8, 2021" is scheduled on Thursday, February 25, 2021 at 10am EST.
Please use this REGISTRATION LINK to register yourself to participate in this webinar.
The following agenda will be discussed in detail during this session :

  • The “economic reality test – used to determine if an individual is an independent contractor who is in business for themself or, is “economically dependent on the employer” for work (FLSA definition of an employee).
  • The two “main” factor test – (1) Nature and degree of control over work and (2) Worker profit or loss, based on initiative and/or investment.
  • Review of the three “guiding” factors that serve as additional identifiers of independent contractor status.
  • The amount of skill required to do the work.
  • The degree of permanence of the working relationship between the worker and the potential employer.
  • Whether the work is “part of an integrated unit of production”.
  • Examples that are fact specific in applying the guiding factors.
  • What triggers an independent contractor Wage & Hour review.
  • Issues that may impact or change how employers define Independent contractors
  • States using the ABC Test to determine Independent Contractor status
  • Incoming Administration be delay/cancel revised testing criteria
  • Review of the Independent Contractor ABC Test
  • Summary & Q&A

Ask your questions & receive expert advice directly from the speaker during the informative Q/A session at the end of the webinar session.
About The Trainer : Joe Aitchison, SPHR, is Vice President of BASIC, a HR Service Company providing employer guidance in the area of human resources and benefit administration. Services include payroll, unemployment, COBRA, FLEX, FMLA and HR outsource services. In his current role, Mr. Aitchison is responsible for regulatory compliance and is BASICs resident expert on employment practice and benefits. He provides guidance on HR best practice to BASICs 9,000 clients nationally.  He is a known, frequent national speaker at conferences, presenting on "Employer Best Practice", Health Care Reform, employee benefits, FMLA and employment related federal regulations. Mr. Aitchison has obtained certification as a Senior Professional in Human Resources. He has thirty years of human resource and business management experience working with international automotive manufacturing, commercial manufacturing, warehouse and distribution, transportation, retail, gaming & hospitality, food processing, healthcare, financial services, engineering & scientific professional services, public sector and not for profit organizations. Positions held include: CEO/President, senior executive, operations management and company director. Mr. Aitchison serves as a board rep on several profit and not for profit boards.