Construction Labor & Employment

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Minimum Wage for Federal Contract Workers Will Increase to $10.10 on January 1

The U.S. Department of Labor (DOL) has raised the minimum wage for federal service and construction contract workers to $10.10, in a final rule that takes effect January 1, 2015. This final rule implements Executive Order...more

Federal Contractor Minimum Wage Provisions Finalized

In July, we alerted government contractors and subcontractors to the Department of Labor’s (DoL) Proposed Rule to implement Executive Order (EO) 13658, which raises the minimum wage for covered employees working directly on,...more

Construction E-Note - September 2014

In This Issue: - Arbitration Panel Misconstrues Contractor Licensing Law: Court Allows Decision to Stand - Expect New Sports Stadiums - as Long as They Make Money for the State - OSHA Proposes New Injury...more

California Enacts AB 1897 Which Means Greater Liability For Employers Who Use Labor Contractors

The new law targets businesses that obtain or are provided “workers to perform labor within its usual course of business from a labor contractor.” The statute’s definition of “labor contractor” excludes bona fide nonprofits,...more

Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party...more

NLRB Ups the Stakes for Successor Employers

A recent National Labor Relations Board decision could significantly increase the damages that employees can recover against an employer that acquires a business but refuses to hire the employees of the predecessor. The...more

OMB Finally Approves New Scheduling Letter And Itemized Listing

Three years after submitting its proposed revisions to the Office of Management and Budget, the Office of Federal Contract Compliance Programs announced yesterday that it has finally received approval for its revised...more

Major Step Forward for California Design-Build: SB 785 Signed September 30, 2014

With the enactment of Senate Bill 785, the State of California has taken a major step forward in authorizing state and local agencies to use design-build. Although many California agencies have the ability to use...more

Overhaul of the Building and Construction Industry Payments Act 2004 (Qld): How the Changes Will Impact You

Introduction - The amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) were passed on 11 September 2014 and received assent on 26 September 2014. The changes contained in the...more

Court of Appeal Issues Decision Clarifying the Applicability of Prevailing Wage Law to Offsite Fabrication of Materials

Decision Impacts Public Works Projects in California - The California Court of Appeal has ruled that fabrication of materials for a public works project is not subject to California’s prevailing wage law if it occurs...more

Subcontractors Can Still Perfect Mechanic’s Liens After Prime Contractors File Bankruptcy

One of the most common and effective ways for a subcontractor to secure a payment claim is to file a lien. Assuming any applicable, pre-lien notice requirements are satisfied, an unpaid subcontractor can lien a private...more

2014 Connecticut Legislative Summary - September 2014

The 2014 regular session of the Connecticut General Assembly closed with only a few new laws on the books that will affect the design and construction industry. The summaries below highlight the most significant of these....more

Baker Concrete Construction Sued by EEOC for Disability Discrimination

Federal Agency Charges Concrete Company Refused to Accommodate Payroll Manager, Then Fired Her Because of Disability - HOUSTON - Baker Concrete Construction, Inc. violated federal law by refusing to accommodate and...more

VETS-100 and 100A Veteran Hiring Reports Retired by the Department of Labor

The Department of Labor published a final regulation on September 25, 2014 that relieves federal contractors from filing VETS-100 and VETS-100A veterans hiring reports after 2014. The rules that required the VETS-100 Report...more

Prevailing Wages Not Required When Fabricating Materials for a Public Works Project at a Permanent Offsite Facility. Excellent

I’m not one to reinvent the wheel, so I won’t. The Case: Sheet Metal Workers’ International Association, Local 104 v. Duncan, Case No. A131489 (August 27, 2014)....more

OFCCP Announces Another Proposed Rule: No More Pay Secrecy!

The Office of Federal Contract Compliance Programs announced that it will publish its Notice of Proposed Rulemaking on "pay transparency" in tomorrow's Federal Register and provided a link to the pre-publication version on...more

OFCCP Releases Proposed Rule Prohibiting Adverse Action Against Employees and Applicants Discussing Pay

On September 15, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) released its Notice of Proposed Rulemaking (“Proposed Rule”) implementing President Obama’s Executive Order 13665 (“EO 13665”) banning...more

Construction Contract Payment Terms: Timing is Everything

In 2011 you will probably recall receiving a plethora of information about the amendments to the Construction Act (the “Act”) particularly the resulting “new” payment regime. There was a flurry of activity leading up to the...more

OSHA Update: OSHA Proposes To Regulate Retaliation Through Citation

In an unusual move, OSHA announced recently that it is seeking comments on proposed rules that would allow it to issue citations to employers who retaliate against employees who report injuries. The announcement comes in the...more

New Recordkeeping Rule from OSHA is a Game Changer

On September 11, 2014, the US Department of Labor Occupational Safety and Health Administration (OSHA) announced a new rule that will go into effect on January 1, 2015. Whereas in the past, OSHA only required employers to...more

OFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors

On September 2, 2014, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a proposed renewal of the current record-keeping, notice, and reporting requirements imposed by Executive...more

Offsite Fabrication at Permanent Facility Not Subject to Prevailing Wage Law

California's prevailing wage law generally requires that workers employed on public works projects be paid the local prevailing wage for work of a similar character. In Sheet Metal Workers' International Association, Local...more

Federal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona

On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through...more

August 2014 Monthly Independent Contractor Compliance and Misclassification Update

This month’s headline development are the seismic decisions, issued on August 27, 2014 by the U.S. Court of Appeals for the Ninth Circuit, concluding as a matter of law that FedEx Ground had misclassified over 2,300 drivers...more

Ontario OHSA convictions at six-year low in 2013/14, average fine relatively steady

The number of Ontario Occupational Health and Safety Act convictions was at a six-year low in the government’s fiscal 2013/14 year, Ontario Ministry of Labour statistics show. There were 780 convictions in 2013/14,...more

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