Keith Covington

Keith Covington

Bradley Arant Boult Cummings LLP

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Contractor Barred from Using the “Total Cost” or “Modified Total Cost” Approach to Establish Delay Claim

In a recent ruling, Hill York Service Corporation v. Critchfield Mechanical, Inc., the U.S. District Court for the Southern District of Florida held that a contractor may not establish damages for delay under either the...more

7/22/2015 - Breach of Contract Calculation of Damages Construction Contracts Construction Project Federal Contractors No Damage For Delay Summary Judgment

Employees vs. Independent Contractors: The DOL Weighs in on Worker Misclassification

Yesterday, the U.S. Department of Labor (DOL) issued an Administrator’s Interpretation that provides some important new guidance on the standard for classifying workers—as employees or independent contractors—under the Fair...more

7/16/2015 - Control Test DOL Economic Realities Test FLSA Independent Contractors Misclassification New Guidance

The NLRB Expands Employee Protections Yet Again: Will There Be Anything Left Not Considered Protected Concerted Activity?

Continuing a trend we’ve reported on in previous blog posts, the National Labor Relations Board (NLRB) recently handed down yet another decision expanding the protections afforded to employees under the National Labor...more

6/4/2015 - Hiring & Firing Job Security NLRA NLRB Protected Concerted Activity Unfair Dismissal

Religious Discrimination Suit Over Muslim Job Applicant’s Hijab; U.S. Supreme Court Rules Against Abercrombie & Fitch

In a ruling handed down yesterday, the U.S. Supreme Court sided with the Equal Employment Opportunity Commission (EEOC) in a religious discrimination case against the popular clothing retailer, Abercrombie & Fitch Stores,...more

6/3/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

President Obama Vetoes Congressional Resolution Aimed at Blocking the NLRB’s “Quickie Election” Rule

On March 31, 2015, President Obama used the fourth veto of his presidency to prevent passage of S.J. Res. 8, a congressional resolution aimed at blocking implementation of the NLRB’s “Quickie Election” Rule. The NLRB Rule,...more

4/3/2015 - Ambush Election Rules Barack Obama Congressional Resolution NLRB Presidential Veto Union Elections Unions

Work Authorization Extended to Certain H-4 Visa Holders

Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for...more

3/25/2015 - DHS Employment Authorization Document Executive Orders H-1B H-4 Spouses Hiring & Firing Immigration Procedures USCIS

Union Avoidance in The Face of the NLRB’s New “Quickie Election” Rule

This past December, the National Labor Relations Board (NLRB) issued its Final Rule implementing an accelerated process for conducting union representation elections—the “Quickie Election” Rule. The new regulations are to go...more

1/28/2015 - Ambush Election Rules Best Practices Chamber of Commerce Corporate Counsel Employer Liability Issues Final Rules NLRB Union Elections Unions

Obama’s Executive Actions on Immigration to Affect the Hiring and Retention of Highly Skilled Foreign Employees

The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now...more

12/9/2014 - Barack Obama DACA Deferred Action Deportation DHS DOL Executive Orders Highly-Skilled Workers Visa Hiring & Firing Immigration Reform PERM USCIS

NLRB Upholds Employee Terminations for Facebook Rant

A few weeks ago, I wrote a blog post about the recent line of NLRB cases examining what constitutes “protected, concerted” activity in the context of employees engaging in profane, insulting, or disrespectful conduct or talk...more

11/4/2014 - Employee Rights Hiring & Firing NLRA NLRB Social Media Termination

Triple Play Sports Bar Appeals NLRB’s Recent Facebook “Like” Decision

In an earlier post, I wrote about the NLRB’s most recent social media decision. In that case, the NLRB held that Triple Play Sports Bar and Grille’s termination of two employees for their participation in a profanity-laced...more

10/1/2014

NLRB: Facebook “Like” is Protected, Concerted Activity Under the Labor Act

The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more

9/15/2014 - Adverse Employment Action Employer Liability Issues Employment Policies Facebook NLRA NLRB Protected Concerted Activity Social Media Policy

Construction and Procurement Law News - First Quarter 2014

In this Issue: - Federal Circuit’s Metcalf Decision a Big Win for Contractors - Government Defenses of Defective Certification and the Severin Doctrine not a Silver Bullet - Are No-Damage-for-Delay...more

5/6/2014 - CBCA Federal Contractors Federal Procurement Systems HHS Licenses Severin Subcontractors

General Contractor May Be Liable for Subcontractor’s Failure to Assign Work as Required by Project Labor Agreement

In Sheet Metal Workers Int’l Ass’n Local Union No. 27 v. E.P. Donnelly, Inc., the United States Court of Appeals for the Third Circuit (the court supervising federal trial courts in Pennsylvania, Delaware, and New Jersey)...more

5/5/2014 - Construction Defects Contractors Project Labor Agreements Subcontractors

U.S. Citizenship and Immigration Services Issues Newly Revised Form I-9, Mandates Use by All Employers

The U.S. Citizenship and Immigration Services (USCIS) recently issued regulations that require all employers to begin using a newly revised Form I-9 to verify the identity and work authorization eligibility of new employees....more

3/26/2013 - Eligibility Hiring & Firing I-9 USCIS

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