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THEREADY-MIXERVirginia Ready-Mixed Concrete Association Newsletter November 2012‘Green Schools’ Presented to theVirginia School Boards Associationin the mix ...New Concrete Field TestingDates Being Offered 2The Regenerative Concrete Knownas Self-Healing Concrete 3VRMCA Plans Legislative Visits 4PCA Cement Forecast GreatlyDependent on CongressionalFiscal Cliff Action 4Calendar of Upcoming Events 4Allowing Off-the-Clock WorkCan Result in Wage andHour Violations 6By J. Keith Beazley,Director of Industry ServicesVirginia’s Schools are beginning torecognize the importance of the conservationof energy and environmental awarenessin new and existing construction offacilities around the Commonwealth.School systems are requiring architecturalfirms design buildings with LEED registeredand certified projects. The schoolsbuildings designed with insulated concreteforms, new heating and coolingsystems, designs with using natural lightand shade, storm water managementsystems, the leading by example of theprotection of the environmental, are beingmandated by the local school boards.The VRMCA is providing a path forthis new “green” awareness with contactsand direct information to school boardmembers and school superintendentsthrough the annual convention of theVirginia School Boards Association. TheVRMCA has for the second year developeda display and booth at the conventionin Williamsburg. The booth displayprovided pictures of pervious parkinglots in local schools, ICF and tilt-up wallconstruction for buildings, and a specialdemonstration of the heat-island effect ofconcrete vs. asphalt. A new tilt-up concreteschool is planned and underway inHampton Roads. Each year interest hasgrown and awareness of the benefits ofconcrete for local schools.Roanoke Cement Company hassponsored the event for the second yearto benefit the Association. Don Ingerson,V.P., Roanoke Cement and Aggregates, is agreat believer in the potential for sustainabilityand concrete construction inschools. Kisia Kimmons, Roanoke TechnicalServices, John Lockett, RoanokeSales Representative, and Keith Beazley,VRMCA, represented the Association in theinformational booth for the convention.Visit us onlinewww.VRMCA.comnVRMCA wishesyou HappyHolidays and aNew Year filledwith prosperityand success!Virginia Ready-Mixed Concrete Association250 West Main Street, Suite 100 • Charlottesville, VA 22902434/977-3716 • 434/979-2439 (f) • easter@easterassociates.com • www.vrmca.com1

Virginia Ready-Mixed Concrete Association November 2012PRESIDENTBob ChandlerChandler Concrete of Virginia Inc.VICE PRESIDENTJay McNeelyEagle Corporation2012 VRMCA Officers & DirectorsSECRETARY/TREASURERStephen RenderVulcan MaterialsEXECUTIVE DIRECTORDouglas EasterEaster Associates, Inc.PAST PRESIDENTLarry BullockBoxley Materials CompanyDIRECTORSMark BundyBranscomeBilly ChenaultLuck Stone Corp.Mel HowardDuBrook ConcreteRobert O’BrianLynchburg Ready-MixRobert SellsTitan VirginiaJim SimonsCapital Concrete Inc.Jeff SlagleRowe Materials, LLCTony WiltSuperior ConcreteConcrete Field Testing TechnicianCertification ProgramRegister Now! ... Space is limited to the first 35 registrants!ONLINEREGISTRATIONAVAILABLE ATwww.vrmca.comVirginia Ready-Mixed Concrete Association250 West Main Street, Suite 100 • Charlottesville, VA 22902Phone: 434/977-3716 • Fax: 434/979-2439easter@easterassociates.com • www.vrmca.comUpcoming ACI classes:Warrenton January 7, 8, 9Virginia Beach April 16, 17, 18Roanoke April 30, May 1, 2Richmond May 14, 15, 16Harrisonburg May 22, 23, 24Fredericksburg June 4, 5, 6Roanoke June 18, 19, 20Virginia Beach June 25, 26, 27Warrenton July 8, 9, 10Richmond July 16, 17, 18Questions? Contact Christina Sandridge at 434/326-9815or email christina.sandridge@easterassociates.com.22012 VRMCA AdvisoryCouncil RegionsLarry BullockVRMCA Advisory Council ChairmanBoxley Materials CompanyRoanoke, VAPhone: 540/777-7600lbullock@boxley.comBLUE RIDGEBuddy Murtaugh Jr.ChairmanRockingham Redi-MixHarrisonburg , VAPhone: 540/433-9128buddy.murtaugh@conmatgroup.comScott BoshartSecretary/TreasurerSuperior ConcreteHarrisonburg, VAPhone: 540/820-5563sboshart@superiorconcreteinc.comHAMPTON ROADSJoe BradshawChairmanCommercial Ready Mixed ProductsSuffolk, VAPhone: 757/925-3368joecrmp1@hotmail.comLee FlemmingSecretary/TreasurerLafarge North AmericaChesapeake, VAPhone: 757/647-9409lee.flemming@lafarge-na.comNORTHERN VIRGINIAJeff SlagleChairmanRowe MaterialsFredericksburg, VAPhone: 540/809-1999jslagle@rowematerials.comZack SwansonSecretary/TreasurerGraceElkridge, MDPhone: 410/794-6973zack.swanson@grace.comRICHMOND/CENTRAL VIRGINIASteve KerrSales RepresentativeGreenRock ConcreteQuinton, VAPhone: 804/966-8601skerr@greenrock.netAndrew OwensSecretary/TreasurerAdvantage Environmental ConsultantsChester, VAPhone: 804/454-0072aowens@aec-env.comSOUTHWESTRobert O’Brian Jr.ChairmanLynchburg Ready Mix ConcreteLynchburg, VAPhone: 434/846-6563rmobrian@gmail.comGeorge KuhnSecretary/TreasurerChandler ConcreteChristiansburg, VAPhone: 540/382-1734george.kuhn@chandlerconcrete.com

Virginia Ready-Mixed Concrete AssociationNovember 2012The Regenerative ConcreteKnown as Self-Heating ConcreteBy Hessam Nabavi,Director of Industry ServicesEveryone Fasten Your Seat Belt:Concrete’s Service Life is about to getextended even more.We should not be surprised if in acouple of years, avoiding stepping onthe cracks during casual sidewalk strollswill become a whole lot easier.Concrete is the world’s most widelyused building material, but as we allknow it is prone to cracks. “Micro-cracks”are an expected part of the hardeningprocess and do not directly cause strengthloss, but over time, water and the aggressivechemicals within it gets into thesecracks and corrodes the concrete. Fordurability reasons and to increase theservice life of concrete, it is important toget these micro-cracks healed and theultimate solution would be self-healingconcrete. Researchers in Delft TechnicalUniversity in the Netherlands haveinvented a new form of concrete thateliminates cracks by patching them upas they occur. The self-healing concrete3Micro-CracksBiomineralizationBioconcreteproject is part of a Delft TU self-healingmaterials research program.How does this work?Placing calcite-precipitating bacteriain the concrete mixture, it is possibleto create concrete that has self-healingcapacities. This self-healing materialcontains granules of bacterial spores andcalcium lactate- a component of milk, thenutrient the bacteria needs to survive.The spores lie dormant until they areactivated by rainwater that has madeits way through the cracks. Rainwaterwill set the mix in motion, the bacteriabegins to feed on the nutrients to producecalcite. This is a primary componentof limestone which starts filling in theconcrete’s gap.The experiment in the lab has beensuccessful to show healing of cracks witha width of 0.5 mm. Scientists soon willbe testing this concrete in the outdoorsand if all goes well, the regenerativeconcrete could be on the market withintwo to three years.

Virginia Ready-Mixed Concrete Association November 2012VRMCA PlansLegislative VisitsPlease plan to join us to visit withyour State Legislators at the Capitolin Richmond. We will gather togetheron the morning of Tuesday, January15th at 8 a.m. at the Omni RichmondHotel. We will enjoy a light breakfastand review talking points beforeproceeding to Capitol Hill at 9 a.m.to visit with the legislators.If you need a room, a grouprate is being offered at the Omni.To receive the $179 group rate, call800-THE-OMNI or 800-843-6664no later than January 4th (membersare responsible for making their ownreservations).Men should plan to dress in coat/tie and women in business attire.If you have questions, contactRaphael Snably at 434/977-3716 orraphael.snably@easterassociates.com.On the HorizonCalendar of Upcoming EventsDECEMBER 12, 2012HRCAC AnnualChristmas Party3:00 PM - 5:00 PMSurf Rider RestaurantHampton, VADECEMBER 13, 2012NVCAC Business Meeting7:30 AM - 9:00 AMManassas, VADECEMBER 17, 2012SWCAC SLRSubcommittee Meeting12:00 PM - 1:00 PMRoanoke, VADECEMBER 19, 2012SWCAC Business Meeting8:00 AM - 9:30 AMRoanoker RestaurantRoanoke, VAPlease visit the online calendarfor an up-to-date list of events.www.VRMCA.com/calendarPCA Cement Forecast Greatly Dependenton Congressional Fiscal Cliff ActionSKOKIE, Ill.— Although cementconsumption and overall U.S. constructionactivity increased significantly morethan expected in 2012, these gains wouldbe immediately erased in 2013 if the fiscalcliff is not resolved in a timely manner.A forecast from the Portland CementAssociation (PCA) expects a 7.5 percentjump in cement consumption in 2012, up50 basis points from its summer forecast.However, the instability of the politicallandscape makes projecting 2013 consumptionmore challenging.The “fiscal cliff” came about fromdual economic objectives reflectingthe need to inject fiscal stimulus intoan inert economy and the need to dealwith burgeoning federal debt. Packagedtogether as the Budget Control Act of2011, tax increases of $400 billion coupledwith $200 billion in federal spendingcuts are scheduled to go into effectJanuary 1, 2013.If Congress resolves the fiscal cliffduring its lame duck session in 2012,PCA expects the economy to continue togrow and cement consumption in 2013to increase 6 percent. Adversely, even ifSAVE THE DATE& NOTE NEWLOCATION!!March 7-8, 2013ANNUAL VIRGINIACONCRETE CONFERENCECOUNT ON CONCRETETO DELIVER QUALITYON TIME ANDUNDER BUDGETThe Westin—Richmond6631 West Broad StreetRichmond, VA(804) 282-8444Congress addresses the policies by thefirst quarter of 2013, this delay will causesignificant economic harm and cause a2.7 drop in cement consumption.“Because we believe the odds for eitheroutcome are even, we have adopteda forecasting approach that minimizesup and downside risk,” Ed Sullivan,PCA chief economist said. “Our baselinescenario blends the two possible outcomesand projects a 1.8 percent increasein cement consumption in 2013.”Sullivan also reported that the longerCongress delays in addressing thefiscal cliff, the greater the adverse affecton economic growth and constructionactivity in particular. “If no action istaken by mid-2013, the country could beheaded into a severe recession.”According to the PCA report, cementconsumption through September2012 had increased 10 percent comparedto last year, with 16 consecutivemonths of growth. Sullivan attributesthis growth to the return of consumerconfidence, a strong housing market,and most importantly, growth inemployment.HOSTED BY:AMERICAN CONCRETE PAVEMENT ASSOCIATION,MID-ATLANTIC CHAPTERVIRGINIA READY-MIXED CONCRETE ADVISORY COUNCILVIRGINIA CHAPTER OF ACIPRECAST CONCRETE ASSOCIATION OF VIRGINIAVIRGINIA DEPARTMENT OF TRANSPORTATIONFEDERAL HIGHWAY ADMINISTRATION2013 Conference Highlights:● Concrete Overlays on Route 58● Post-tensioned Grout Update (Design,Specifications, Material & Construction)● I-95 Bridge Replacements Intelligent Compaction for ConcretePavement Construction● MAP-21 Performance RequirementsLimited booth space will be available — get yourreservations in early! We are also looking for doorprize donations and sponsorships.For additional information, please contact Bob Long at (804)Notice: The presentations from previous Concrete272-6337 or Sherry Braafhart at (717) 475-9429.Conferences are now available at:http://www.virginiadot.org/business/materials-conferences.asp4

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Virginia Ready-Mixed Concrete Association November 2012Allowing Off-the-Clock Work Can Result inWage and Hour ViolationsBy John G. Kruchko andPaul M. Lusky, Esq.The federal Fair Labor StandardsAct (“FLSA”) and similar state wageand hour laws require employers tocompensate employees for all timeworked, including time commonlyknown as “off-the-clock” work. Anemployer who knows or has reasonto know that an employee is workingoff-the-clock and does not compensatethe employee for such work is violatingthe law. An hourly employee who willinglyputs in extra time before or afterregular work hours without ever askingfor compensation is still entitled to bepaid for such work. Employees cannotlegally waive their right to compensation.It is the employer’s responsibilityto put an end to off-the-clock work ifit wants to avoid liability under wageand hour laws.Some off-the-clock work is clearlycompensable. For example, if an employerallows employees to finish assignedtasks, prepare reports, finishwaiting on customers or treat patientsafter their regular shift has ended, employeesperforming such work mustget paid. If the extra time results in anemployee working more than 40 hoursin a week, that employee is also entitledto overtime pay.Similarly, if an employer knowsthat an employee is working at homein the evenings or on weekends in orderto meet job requirements, the timeworked at home must be compensated.An employer who expects an employeeto review work-related emails or listento work-related voicemail messageswhile away from the workplace maybe incurring liability for unpaid wages.Obviously, an employee who is asked torun work-related errands (such as pickingup supplies or equipment) beforeor after regular work hours must alsobe compensated for such time. It doesnot matter that the errand is convenientfor the employee because it happens tobe on the employee’s usual route to orfrom work.Not all off-the-clock work is as easilycharacterized as compensable time,6however. For years, the Department ofLabor and the courts have struggledwith the issue of whether employeesshould be compensated for time spentputting on or taking off (i.e., donningand doffing) clothing, uniforms andprotective gear before and after a regularwork shift. The standard that is usuallyapplied to such cases is whether thepre-shift and/or post-shift activity ofdonning and doffing clothing and/orequipment is an “integral and indispensablepart of the principal activities”of the worker.In November, 2005, the UnitedStates Supreme Court appeared to settlethe issue in favor of compensability, atleast with respect to “unique personalprotective gear” being donned or doffedon the employer’s premises. In IBP v.Alvarez, workers at a meat processingplant in Pasco, Washington sued forviolations of the FLSA. Their employerrequired the workers to don protectivegarments prior to clocking in beforeeach shift and expected them to clockout before removing the protective

Virginia Ready-Mixed Concrete AssociationNovember 2012“Employees cannot legally waive their right to compensation.It is the employer’s responsibility to put an end to off-the-clockwork if it wants to avoid liability under wage and hour laws.”garments for breaks, lunches, and atthe end of each shift. In a unanimousdecision, the Supreme Court held thatthe donning and doffing of the personalprotective gear was “integral and indispensable”to the employees’ work,and, thus, the time spent donning anddoffing was compensable time underthe FLSA. Likewise, the Court heldthat the time spent walking to and fromthe production floor after donning andbefore doffing the equipment was alsocompensable.Subsequent judicial decisions dealingwith the “donning and doffing”issue have not always found such activityto be compensable, however. Forexample, in Adams v. Alcoa, Inc., a federaldistrict court in New York concludedthat employees at an aluminum smeltingfacility operated by Alcoa were notentitled to compensation for time spentputting on and removing flame retardantshirts and pants, steel-toed boots,spats, hard hats and safety glasses. Inruling against compensability, the courtrelied in part on the fact that Alcoapermitted employees to don and doffthe uniforms at home, citing a Departmentof Labor guidance advising thatdonning and doffing by necessity mustoccur on an employer’s premises andnot at home. See Wage and Hour AdvisoryMemorandum No. 2006-2 (May 31,2006) (“It is our longstanding positionthat if employees have the option andthe ability to change into the requiredgear at home, changing into that gearis not a principal activity, even when ittakes place at the plant.”)Similarly, in Baumonte v. City ofMesa, a 2010 decision dealing with thedonning and doffing of uniforms bypolice officers in Mesa, Arizona, theNinth Circuit Court of Appeals heldthat the city did not violate the FLSA byrefusing to compensate its police officersfor the time spent donning and doffinguniforms and other equipment wherethe officers had the option of puttingon their uniforms at their homes. Thefact that an employee has the optionof dressing at home is not always determinative,however. In Rogers v. Cityand County of Denver, a federal court inColorado held that police officers whowere permitted to don and doff theiruniforms and equipment at home hadto be compensated for such activityunder the FLSA.Wage claims for off-the-clock activitiesperformed at home have alsobeen brought for time spent doinguniform maintenance work, i.e., washing,drying and ironing uniforms incompliance with an employer’s dresscode provisions. In May, 2011, severalcurrent and former employees of theWashington Hospital Center (“WHC”)in the District of Columbia filed alawsuit against MedStar Health, Inc.and WHC claiming they should havereceived compensation for time spentcleaning their uniforms. Although nodecision has been reached on the meritsof the employees’ claims, a federalcourt in the District of Columbia hasconditionally approved the plaintiffs’“uniform maintenance” theory and allowedthem to proceed on behalf of allhourly employees who worked at anyMedStar Health hospital since May 26,2008 and performed off-the-clock workcleaning their uniforms.It should be noted that a similartheory was dismissed by a federal districtcourt in Pennsylvania in 2011. InSchwartz v. Victory Security Agency, LP,guards working for a security firm inPennsylvania claimed their employerfailed to pay them for the time theyhad to spend cleaning their uniformsand thus violated the FLSA. The courtrejected the claim stating, “while Plaintiffsmay have been required to wearand therefore maintain their uniforms,such actions were not integral andindispensable to Plaintiffs’ principalactivity, providing security.”It should be obvious that wageclaim theories dealing with off-theclockwork have reached imaginativeand creative levels. Consequently, it isimperative that management exercisecontrol over employees and ensure thatcompensable work is not performedoff-the- clock. To avoid costly wage andhour litigation and the negative publicitythat these off-the clock cases bring,organizations should implement awell-publicized policy that advises employeesthat off-the-clock work is prohibitedand that violations can result indiscipline.Merely making a rule against offthe-clockwork is not enough, however.Employees should receive regular trainingin the importance of proper timekeepingpractices and be frequentlyreminded that off-the-clock work isnot permitted. Finally, if the employerrequires uniforms to be worn at work,it should, if possible, give its employeesthe option of dressing at home ratherthan at work.Copyright 2012 Kruchko & FriesJohn G. Kruchko is a Partner with the Management Labor & Employment Law Firm of Kruchko & Fries in McLean, Virginia; Paul M. Lusky is aPartner with the Firm. For more information, please contact Mr. Kruchko at (703) 734-0554 or JKruchko@KruchkoandFries.com, or Paul Lusky at(410) 321-7310 or PLusky@KruchkoandFries.com. This article is published for general information purposes, and does not constitute legal advice.7

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