Nicholas Fox

Nicholas Fox

Saul Ewing LLP

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Fourth Circuit Makes Joint Employer Test in Contractor Wage Dispute

In a recent decision by the Fourth Circuit, the Court established a new test for determining whether two entities are “joint employers.” The case arose when employees of a construction subcontractor sought overtime wages from...more

2/3/2017 - DOL FLSA Joint Employers Wage and Hour

Philadelphia Employers Prohibited From Asking for Salary Information

Philadelphia’s mayor signed a law this week that restricts employers from asking job applicants to disclose salary history information or to require disclosure of wage history. It also prohibits employers from relying on...more

1/30/2017 - Employer Liability Issues Equal Pay Hiring & Firing Job Applicants Local Ordinance Salary History Voluntary Disclosure

President Trump Appoints Republicans Miscimarra And Lipnic To Top Labor Posts

President Donald Trump appointed Philip A. Miscimarra as acting chairman of the National Labor Relations Board (NLRB). Miscimarra was nominated to the NLRB by President Obama in 2013, where he was then unanimously confirmed...more

1/27/2017 - EEOC NLRB Trump Administration

What Will Employers Face After Tomorrow?

Employers across the country will be watching to see how and if President-Elect Trump’s positions on labor and employment issues materialize after his inauguration. He hasn’t been as vocal on labor and employment issues as...more

1/20/2017 - EEO-1 FLSA Minimum Wage NLRB Over-Time Trump Administration Wage and Hour

DOL Overtime Case to Proceed at District Court After Judge Denies Stay Pending Appeal

Last week, a federal judge in Texas denied the U.S. Department of Labor’s (DOL) request to stay a lawsuit challenging implementation of the DOL’s new overtime rules during the pendency of the DOL’s appeal to the Fifth Circuit...more

1/11/2017 - Appeals DOL Over-Time Preliminary Injunctions Wage and Hour

Delaware Law Now Protects Reproductive Health Decisions and Family Responsibilities

An amendment to the Delaware Discrimination in Employment Act (DDEA) has taken effect and it opens employers up to new discrimination claims by Delaware employees. The DDEA now prohibits discrimination by an employer...more

1/6/2017 - EEOC FMLA Sex Discrimination Title VII

OSHA Issues New Requirements for Electronic Reporting of Workplace Injuries and Illnesses

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) unveiled a final rule requiring electronic reporting of workplace injuries and illnesses, requiring employers to inform workers of their right to...more

5/19/2016 - Electronic Filing Employer Liability Issues OSHA Recordkeeping Requirements Workplace Injury

Negligent Misrepresentation Standard Shifts in Contractor’s Favor with Pennsylvania Appellate Ruling

Contractors and subcontractors who are aggrieved by erroneous information on construction documents may have an easier time proving an architect or other design professional made a negligent misrepresentation that harmed them...more

10/6/2015 - Architects Construction Contracts Contractors Design Professionals Negligent Misrepresentation Pleadings Public Projects Subcontractors

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies,...more

9/3/2015 - American Arbitration Association Arbitration CASPA Competitive Bidding Construction Industry Contractors Department of Transportation (DOT) Enforcement Actions Government Contractors Inside Information Joinder Mediation Natural Gas PA Supreme Court Prompt Payment Public Private Partnerships (P3s) Public Projects Subcontractors Telecommunications Wireless Industry

AAA Issues Revised Rules for Arbitration in Construction Industry Disputes

The American Arbitration Association recently updated its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. There are six new rules, some of which are borrowed from litigation...more

9/2/2015 - American Arbitration Association Arbitration Arbitrators Construction Industry Discovery Electronically Stored Information Injunctive Relief Joinder Mediation Preliminary Hearings Sanctions

Pennsylvania and Maryland Active with P3 Transportation Projects

The Pennsylvania Department of Transportation (“PennDOT”) expects to award bids to develop compressed natural gas (“CNG”) refueling stations throughout the state by the end of 2015 as the agency and its counterpart in...more

8/31/2015 - Bids Department of Transportation (DOT) Design-Build Infrastructure Public Private Partnerships (P3s)

Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more

5/5/2015 - Arbitration Attorney's Fees Competitive Bidding Construction Contracts Construction Industry Construction Site Contractors General Contractors New Legislation PA Supreme Court Public Private Partnerships (P3s) Site Condition Claim

Construction Law Advisory - December 2014

In This Issue: - Retainage limited to 5 percent in Massachusetts: Outlier or coming to your state? - Pennsylvania overhauls mechanic’s lien law with creation of state construction notices directory -...more

12/22/2014 - Bid Protests Construction Industry Construction Project Federal Contractors General Contractors Mechanics Lien Public Projects Retainage Subcontractors

New AAA Construction Rules Offer Certainty to Arbitration of Construction Disputes

The American Arbitration Association (“AAA”) unveiled supplementary rules for construction proceedings that seek to remove some uncertainty from the resolution of construction disputes. The new rules, which took effect on...more

6/20/2014

Right-to-Know Law Litigants in Pennsylvania Are Now Free to Introduce New Evidence and Arguments During Appeals and After OOR...

The Pennsylvania Supreme Court recently held in Bowling v. Office of Open Records, No. 20 MAP 2011, 2013 WL 4436219, at *1 (Pa. Aug. 20, 2013), that courts reviewing pending cases under the state’s Right-to-Know Law (“RTKL”)...more

10/8/2013 - Appeals Evidence Public Records Right To Know Standard of Review

Pennsylvania Supreme Court enforces covenant not-to-compete executed weeks after employee signed offer letter –– despite absence...

The Pennsylvania Supreme Court recently held that an employee’s covenant not-to-compete, agreed-to nearly a month after the employee returned a signed offer letter, is enforceable without the provision of new consideration....more

7/22/2013 - Consideration Contract Formation Job Offers Non-Compete Agreements Restrictive Covenants

Public Works Employment Verification Act Impacts Certain Projects Awarded by State and Local Governments in 2013

Pennsylvania's General Assembly recently enacted the Public Works Employment Verification Act (the "Act" or "Verification Act") (43 P.S. §§ 167.1 et seq.), aimed at ensuring that contractors and subcontractors on public works...more

2/22/2013 - Contractors E-Verify Local Governance Public Projects Public Schools School Districts Subcontractors Verification Requirements

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