Construction Law, Civil Procedure, Labor & Employment Law

Employee Wrongfully Terminated for Refusing to Engage in Criminal Copyright Infringement

by Anjali Shankar | Winthrop & Weinstine, P.A. on 4/15/2013

Adam Young worked for an architecture firm, Nortex Foundation Designs Inc. in Fort Worth Texas as a drafter. He was hired in 2001 and designed foundation plans based on copyrighted architectural designs that Nortex provided...more

Class Arbitrations Under Attack—But Survive

by Larry Leiby | JAMS, The Resolution Experts on 2/7/2013

Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013. There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,...more

Tenth Circuit Affirms Refusal To Certify Sex Discrimination Class

by Greg Mersol | BakerHostetler on 1/24/2013

Hilti, Inc. sells power equipment for use in construction sites. A quick trip through its website reveals tools most people wouldn’t have in their home workshops, such as 1100-watt demolition hammers, gas-powered fasteners,...more

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

by David Johnson | Winstead PC on 1/15/2013

A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more

Engler v. Gulf Interstate Eng’g, Inc.: Employer Liability for Contractor Employees Working Away from Home

by Richard G. Erickson, Nicole Sornsin | Snell & Wilmer L.L.P. on 12/21/2012

In today’s increasingly mobile construction industry, contractors are frequently involved in projects away from their home office. It is not uncommon for a construction company to send employees to another area and provide...more

Employment Law Newsletter - September 2012

by Bean, Kinney & Korman, PC on 9/17/2012

In This Issue: - Misclassifying Employees Results in $101,000 in Back Wages Charged to Local Business......................Page 1 - Should Courts Use Varying Standards for Sexual Harassment Claims Based on...more

Asbestos Alert: OSHA Regulations Held Insufficient as Basis for Expert Opinion that Certain Materials Contained Asbestos

by Low, Ball & Lynch on 8/17/2012

The Court of Appeal affirmed the trial court’s grant of summary judgment in favor of Perini, a general contractor. Plaintiff alleged that he was exposed to asbestos by Perini employees at job locations where construction of...more

Embracing Wal-Mart & Distinguishing McReynolds, The Seventh Circuit Reverses Class Certification Of Sprawling (And Stale) Classes

by Proskauer - Class & Collective Actions on 8/10/2012

On August 8, 2012, the U.S. Court of Appeals for the Seventh Circuit reversed an order certifying large classes in a lawsuit alleging race discrimination and hostile work environment. Bolden v. Walsh Construction Co., Case...more

Prevailing Wage Update: Charter City Public Works Projects Are Not Subject to Prevailing Wage Requirements

by Manatt, Phelps & Phillips, LLP on 7/9/2012

Charter cities are not required to comply with California’s prevailing wage law with respect to construction contracts for public buildings, according to a July 2, 2012, California Supreme Court decision. The underlying facts...more

California Supreme Court Rules that Prevailing Wage Laws Do Not Apply to Charter Cities

by Allen Matkins Leck Gamble Mallory & Natsis... on 7/9/2012

In a much anticipated decision, the California Supreme Court ruled on July 2, 2012, that charter cities in California may exempt themselves from state prevailing-wage requirements. In doing so, the Court affirmed the...more

Weekly Law Resume - June 21, 2012: General Contractor Protected from Claims by Injured Employee of Independent Contractor

by Low, Ball & Lynch on 7/5/2012

Brian Brannan, et al. v. Lathrop Construction Associates, Inc. Court of Appeal, First District (June 12, 2012) This case is the latest decision limiting the liability of a general contractor for jobsite injuries...more

District Court Sustains Whistleblower Wrongful Termination Claim

by Katten Muchin Rosenman LLP on 6/25/2012

Plaintiff Benjamin Ashmore brought a claim alleging that defendants CGI Group Inc. (CGI) and CGI Federal Inc. (CGI Federal) violated Section 806 of the Sarbanes-Oxley Act, otherwise known as the whistleblower provision. The...more

Affordable Housing Project Found to Be Subject to Prevailing Wages

by Manatt, Phelps & Phillips, LLP on 6/22/2012

In a decision filed on June 15, 2012, the Fourth Appellate Court of Appeal determined that an affordable housing project in San Bernardino was subject to the requirement for the payment of prevailing wages under Labor Code...more

Buyer Beware: New Jersey’s Appellate Division Confirms that Exclusion for Bodily Injury to “An Employee of Any Insured” Bars...

by K&L Gates LLP on 6/7/2012

Parties who require additional insured coverage from their contractors usually expect the coverage to extend to third-party over claims, particularly with respect to bodily injury claims by employees of contractors. Those...more

Engineer, Architect Not Guilty of OHSA Charges in Wall Collapse: Limitation Period Bars Charges

by Dentons on 5/31/2012

An engineer and architect were not guilty of Occupational Health and Safety Act charges where the wall collapsed more than one year after their work was completed. The Ontario Occupational Health and Safety Act states that...more

Contractors, Be Sure to Maintain Your Workers' Compensation Insurance

by Sedgwick LLP on 1/31/2012

A contractor's failure to maintain its workers' compensation coverage can have disastrous consequences. Unless the contractor is exempt from having workers' compensation insurance, its failure to maintain such...more

Appeals Court To Employee: "You're Kidding Us, Right?"

by Fisher & Phillips LLP on 10/12/2011

California's Sixth Appellate District recently issued a decision upholding an employer's right to modify the compensation terms of an at-will employment agreement where the employee never made a written protest to the...more

Weekly Law Resume - April 7, 2011: Hirer May Be Held Directly Liable For Independent Contractor's Injury Where Hirer Retained...

by Low, Ball & Lynch on 4/7/2011

Jeffrey Tverberg v. Fillner Construction, Inc. Court of Appeal, First Appellate District, Division Four (March 25, 2011) In this case, the trial court granted summary judgment to Fillner Construction, Inc. ("Fillner")...more

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Construction Law › Civil Procedure › Labor & Employment Law