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Government Contracts Legislative and Regulatory Update - November 2016

We are pleased to send you the November edition of "Government Contracts Legislative and Regulatory Update," which offers a summary of the relevant changes that took place during the month of October. Highlights this month...more

The Construct - November 2016

In This Issue: - Election 2016: Where the Candidates Stand on Issues Affecting the Construction Industry: Here we are. The rollercoaster 2016 election ends tomorrow. Millions of Americans have voted already. Polls...more

Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016),...more

$8 million Prevailing Wage verdict in 2011 for work on the Hilton San Diego Bayfront Hotel

Rent credit from Port District triggered prevailing wage; $8 Million in back wages paid by Hensel Phelps Construction Company - In California Prevailing Wage Law, “public funds” come in many forms. In the case of the...more

Double-Breasted Company Owners, Officers Can Be Indicted for Underpaying Benefit Contributions

The U.S. District Court for the District of Massachusetts held in September that the shareholders and officers of a double-breasted construction company can be indicted and could go to prison if the government proves they...more

Third Circuit Deals Blow to Jersey City Ordinance Requiring PLAs on Privately Funded Projects in Exchange for Tax Abatements

Jersey City’s Municipal Code offers real estate developers generous tax exemptions that are designed to spur the City’s economic growth, but the tax incentives have strings attached. Specifically, to receive a tax exemption,...more

OSHA’s Final Rule on Crystalline Silica Standards

Earlier this year, the Occupational Safety and Health Administration (OSHA) published its long-awaited final rule (https://www.gpo.gov/fdsys/pkg/FR-2016-03-25/pdf/2016-04800.pdf) setting new workplace permissible exposure...more

Building a future: addressing the Brexit challenge

"Brexit means Brexit" according to Theresa May. But although the Government has now indicated that it is committed to Brexit and achieving the best possible outcome for the UK, no-one knows what form this will take or how...more

Penalties for OSHA Non-Compliance Just Got Stiffer

On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. The Act requires numerous federal enforcement agencies, including OSHA, to substantially...more

Construction E-Note - June 2016

In a Q&A published on May 13, 2016 by the Orlando Business Journal, Peter Vilmos provides insight on Orlando’s biggest construction challenges and offers solutions to the various issues facing the industry. Among those...more

Oregon Law to Affect Pay Stubs, Time and Pay Records, and Wage Theft

The State of Oregon has enacted a new law, SB 1587, designed to increase transparency with respect to employee pay, prevent wage theft, and expose wage and hour violations. Generally, the law will require employers to provide...more

The ERISA Litigation Newsletter - May 2016

Editor’s Overview - In this issue of Proskauer's ERISA Litigation Newsletter, we review a recent ruling by the Tenth Circuit Court of Appeals concerning the application of controlled group principles to the building...more

Weekly Update Newsletter - May 2016 #2

LABOR AND EMPLOYMENT - Overtime Final Rule - The Department of Labor issued its final overtime rule which updates the salary level required for the executive, administrative, and professional (“white collar”)...more

CalCIMA ‘Checklist’ for Compliance with AB 219: New Prevailing Wage Requirements for Concrete Suppliers

In 2015 the California State Legislature passed AB 219, a bill that extends California prevailing wage requirements to ready mixed concrete suppliers, effective July 1, 2016. The new law represents a sea-change in...more

The New Italian Public Procurement Code

The Italian Council of Ministers approved a new Legislative Decree reforming the Italian Public Procurement regulation, implementing Directives 2014/23/EU, 2014/24/EU and 2014/24/EU. On April 18, 2016, the Italian...more

Watch Out: Ontario Ministry of Labour Inspection Blitzes/Initiatives Are Coming

The Ontario Ministry of Labour recently announced its 2016 and 2017 enforcement blitz and initiative schedule. In an effort to emphasize the importance of protecting workers’ rights and ensuring employer compliance with both...more

Are Private Development Projects Covered by Prevailing Wage Laws?

When a governmental entity contracts with a general contractor to build a community center on government-owned land, the question of whether prevailing wages are required for workers on that project is easily answered. If...more

Employer May Terminate Pre-Hire Agreement with Union, Sixth Circuit Rules

On April 21, 2016, resolving a situation not previously decided by the Sixth Circuit Court of Appeals, the court held that a construction company that was a party to a pre-hire collective bargaining agreement lawfully...more

U.S. OSHA’s “severe injury” statistics broken out by industry

The U.S. Occupational Safety and Health Administration has produced a “year one” impact-evaluation report on its Severe Injury Reporting Program. Effective January 1, 2015, U.S. employers have been required to report to...more

Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

TUPE: Temporary cessation of Work

Mustafa and another v. Trek Highways Services Limited and others UKEAT/0064/15 - There is relatively limited case law dealing with a temporary cessation of work in a TUPE context. However, in the case of Mustafa, the...more

Finding coverage for “additional insured,” Third Circuit cautions that “insurer cannot bury its head in the sand”

Executive Summary - Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that an insurer owed a garage...more

Be Careful Who You Hire: Unlicensed Contractors are Employees of the Hirer

In Randall Blackwell v. Ray Vasilas, (D067239, Superior Court No. 37-2013-00064563-CU-PO-CTL) the Fourth Appellate District held the Privette Doctrine does not protect a hirer from liability to an independent contractor’s...more

Transfer to Multiple New Employers Can Amount to TUPE Transfer

In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer. Mr Layton was employed as...more

Russia: Economic Sanctions on Turkey

On 29 December 2015, the Russian Government adopted Resolutions No. 1457 and No. 1458 specifying the scope of sanctions and restrictions which were imposed by the President Decree No. 583 and further extended by Decree No....more

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