Construction Business Torts Labor & Employment

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Second-Lowest Bidder for Public Contracts May Sue Lowest Bidder Who Paid Less Than Prevailing Wages

Public agencies have little, if any, discretion when awarding public contracts because they are required to award the contract to the lowest bidder, subject to certain minimum qualifications. These limitations are designed...more

Fenwick Employment Brief - June 2013

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

Employee Burnout

Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention. In the rush to...more

Spoiling Evidence Intentionally Comes With A Price

The same tools and practices that help technology users maintain and administer their computer systems in an efficient and confidential manner may also be used improperly to spoil digital data and other evidence that is...more

Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more

New Penalties For Misclassifying An Employee As An Independent Contractor

Senate Bill 459 went into effect on January 1, 2012 and imposes increased penalties against any employer in California who willfully misclassifies an employee as an “independent contractor”. Willful misclassification is...more

New Penalties For Misclassifying An Employee As An Independent Contractor

Senate Bill 459 went into effect on January 1, 2012 and imposes increased penalties against any employer in California who willfully misclassifies an employee as an “independent contractor”. Willful misclassification is...more

MA Session Laws Ch. 293 of 2010

Alert to practitioners in Mass. about a new law passed in August 2010 requiring fairness and prompt payment in construction contracts....more

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