Construction Labor & Employment

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Perspectives - February 2016

I Just Received Drafts of Construction Loan Documents from My Lender, Now What? I have heard the following statement many, many times over the course of my career: “Do I really need to hire an attorney to close a simple...more

Are You in Compliance with OSHA’s New Confined Space Standard for the Construction Industry?

Most employers in the construction industry already know that OSHA issued a new confined space standard for construction that became effective on August 3, 2015. Companies with employees who enter confined spaces at...more

Friendly Reminder: Reverse Discrimination Is Against The Law, Too

Pretty obvious, but a decision issued this week serves as a good reminder to employers that all race discrimination is illegal, whether it’s against members of minority groups or whether it’s against Caucasians. A...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

[Webinars] The Benefit of Becoming an OSHA Whisperer: Speaking the Language of Regulators - Meritas Capability Webinar - Feb....

Our speaker, Courtney Malveaux, is a business attorney who lends unique insight when it comes to dealing with OSHA. As a Labor Commissioner, Malveaux was personally involved in OSHA inspections, citations and legal contests...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

Employment Law Letter - Winter 2016

In our last issue, we reported on an interesting lawsuit filed by about 50 plant construction workers who were out of work for months following an explosion resulting from a “gas blow” at the Kleen Energy facility in...more

OSHA Continues Delayed Enforcement of Confined Space Standard for Residential Contractors

As we discussed last summer, the Occupational Safety and Health Administration (OSHA) issued a new Confined Space in Construction Standard, which went into effect on August 3, 2015 and required heightened training, continuous...more

July 1, 2016: All Ontario employers must comply with new noise regulation

As of July 1, 2016, all Ontario employers will be required to comply with a new workplace noise Regulation under the Occupational Health and Safety Act. The new Regulation (381/15) replaces noise protection requirements...more

California’s Labor Enforcement Task Force Continues to Set Fire to the Underground Economy

If you’re a fan of the Hunger Games trilogy, either the books or the movies, you’re likely familiar with “The Hob,” the black market in District 12 where people buy and sell banned items. It’s where bow-wielding protagonist...more

3 1/2 years in prison for Metron project manager, Kazenelson, after criminal negligence conviction

Vadim Kazenelson, the project manager for Metron Construction, was sentenced today to 3½ years in prison for criminal negligence. This is the longest-ever jail sentence handed down for criminal negligence under the...more

2016 California Employment Law Update

A new year sometimes means a new start and a blank slate. Not so for California employers who tend to review their policies and practices to ensure compliance with the ever growing list of laws governing the employer-employee...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

Energy Newsletter - December 2015

Guaranteed Sunshine: Performance and Testing of Solar Power Projects - This article is the third of three articles on solar power projects and discusses testing and performance guarantees in the context of engineering,...more

Don’t Forget to Cross Your “Ts” and Dot Your “I-9s” When Hiring Employees

You just need to look around you to know that construction is once again booming. According to the U.S. Bureau of Labor Statistics the construction industry added 259,000 jobs nationwide from January through November 2015....more

Congress Extends EB-5 Again Without Changes Despite Months of Legislative Meetings, Lobbying, Proposals, and Negotiations

In what is considered a significant victory for real estate developers, Congress capped off months of handwringing and numerous proposals by extending the EB-5 Immigrant Investor Program without amendment until September 30,...more

Labor Shortage: Has Uber Poached All Our Construction Workers?

California’s economy has for the most part rebounded from the Great Recession. The demand for new housing is steadily climbing, and builders are once again buying land and planning new communities. While not to pre-recession...more

Decoding the NLRB’s New Joint Employer Standard

The National Labor Relations Board (NLRB) made major changes to the concept of joint employers in 2015, culminating in what many felt was a head spinning decision in August, known as Browning-Ferris, setting a new standard...more

Construction E-Note - December 2015

In an article published in the November 2015 issue of North American Builders, Jason Nimmer provides insight on what it takes to successfully deliver manufacturing-related construction jobs in today’s fast-paced building...more

New Executive Order Requires Paid Sick Leave for Federal Contractors

I have seven kids.  I fully understand the importance of “leave” from work when another kid comes along (…how did that happen?…) or when a close family member is sick.  But right now, they are all happy....more

New Training and Safety Requirements for Drill Rig Operators in Ontario

The Ontario government has passed amendments under the Occupational Health and Safety Act which provide new technical and operational safety measures and procedures for rotary foundation drill rigs, and require that drill rig...more

Missouri Department of Labor Issues Important Memo on Prevailing Wage

The Missouri Department of Labor (DOL) has issued a very important memo impacting all Missouri construction companies performing work on Missouri prevailing wage projects. The memo clarifies Prevailing Wage Law, Sec....more

New Legislation Threatens to Further Erode Market Share of Non-Trade Union Contractors in California

In January 2016, two new laws go into effect that will change the face of various public and private construction projects in California. These new rules represent the latest in an ongoing effort by the State Building and...more

Under Construction - December 2015

Letter from the Editor - Welcome to the final 2015 edition of our Under Construction newsletter. It is hard to believe that 2016 is right around the corner! Drones are a hot topic right now. The first article in...more

Appellate Court Notes

Supreme Court Advance Release Opinions: - SC19330 - Lawrence v. O & G Industries, Inc. - SC19331 - Beamer v. O & G Industries, Inc. Construction companies do not owe a duty of care to workers employed on a job...more

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