Construction Labor & Employment

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The Construction Advantage – Issue 7

Reed Construction Data – Economy Improving Slowly but Surely - Reed Construction Data reports that the economy continues to improve but challenges remain. Based upon recent construction data from Reed Construction, the...more

Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity

Ambiguous contract terms are ordinarily a liability for government contractors, opening the possibility of misunderstandings, expensive disputes, and, potentially, unpaid additional work. However, contract ambiguity recently...more

Unpaid Prevailing Wage Assessments and Actions: Ways a General Contractor (and Its Surety) Can Protect Itself or Limit Its...

General contractors and their sureties on public works construction projects in California have faced an onslaught of claims, assessments, and lawsuits based on the failure of subcontractors, regardless of tier, to pay their...more

Appellate Federal Court Overturns District Court Ruling; Federal Government Contractor Must Disclose Internal Investigation...

In our current Williams Mullen Construction Industry News, the article titled “Federal Contractors” discussed a ruling on March 6, 2014 by the U.S. District Court for the District of Columbia ordering a federal government...more

All California Contractors and Subcontractors Involved with Public Works Projects Now Required to Register With State by March 1,...

Urgency Legislation SB 854 Passed by California Legislature - The California Legislature has imposed a new registration requirement for contractors and subcontractors involved with public works projects. Senate Bill...more

Construction E-Note - June 27, 2014

In This Issue: - Mississippi Legislature Expands State’s Lien Law to Protect Subcontractors, Suppliers, and Materialmen - The Alabama Supreme Court Broadens the Definition of “Occurrence” in a General...more

Using Social Media to Reap Benefits, Not Liability

A simple search on Linked-In, Facebook, and Twitter reveals that social media is connected with the construction industry in significant ways. In one respect, a growing number of construction professionals intentionally...more

The Construction Advantage – Issue 6

In our sixth issue of The Construction Advantage, we provide you with an all New England edition, focusing on the increased employment in the construction sector in Maine, a large court award related to the Big Dig, and the...more

MSHA Assistant District Manager Asserts That Competent Persons Performing Workplace Exams Are Agents of the Operator

At a mining industry safety conference in June, an MSHA Assistant District Manager stated that the agency viewed persons that perform workplace examinations pursuant to 30 C.F.R. § 56.18002 as performing an “agent-like”...more

MSHA Initiates Enforcement Review of Elevator Safety at Cement Operations

In the aftermath of a fatal elevator accident in February 2014 at a cement plant in Kentucky, the Mine Safety and Health Administration (MSHA) has initiated an unannounced elevator enforcement review at cement operations...more

Alabama Adopts PLA Reform

On March 3, 2014, Alabama Governor Robert Bentley signed into law House Bill 195, the “Fair and Open Competition in Governmental Construction Act.” Under the Act, public agencies awarding any contract for the construction,...more

The Latest On OSHA's Attempts to Protect Whistleblowers

Section 11 (C) of the Occupational Safety and Health Act (OSH Act) states "no person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to...more

Company fined $25,000 for operating electrical contracting business without license under Electricity Act after apprentice injured

An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act. A young apprentice with the company was seriously...more

Weekly Update Newsletter - June 2014 #3

In this issue: - DoD Publishes Semiannual Agenda of Regulatory Documents - DoD, GSA, and NASA Publishes Semiannual Regulatory Agenda - DOL Issues Notice of Proposed Rulemaking to Implement Executive...more

Department of Labor Announces Proposed Rules to Raise the Minimum Wage for Federal Contract Workers; Federal Contractors Should...

In response to President Obama's Executive Order earlier this year, the Department of Labor has issued a Notice of Proposed Rulemaking (NPRM) to establish standards and procedures for raising the minimum wage paid to...more

The New York Legislature Passes a Bill Eliminating the Annual Wage Notice Requirement

Employers in New York will not have to issue annual wage notices to employees in 2015 and beyond. On June 19, 2014, a bill was passed in both the New York Assembly and Senate that eliminates the requirement contained in the...more

DOL Issues Proposed Rule to Implement Federal Contractor Minimum Wage Rate

As prior blog entries (see here and here) have explained, on February 12, 2014, President Obama signed Executive Order 13658 to increase the hourly minimum wage for employees of federal contractors and subcontractors to...more

DOL Proposes Rule to Establish Higher Minimum Wage for Federal Contractors

The rule would set the wage at $10.10 for covered contracts beginning in 2015. On June 17, the U.S. Department of Labor (DOL) formally proposed a new rule to implement Executive Order 13658, which, in February 2014,...more

Your Guide to the Proposed Rules Under Executive Order 13658 Setting a Minimum Wage for Federal Contractors

On February 12, 2014, President Barack Obama signed Executive Order 13658 (“Establishing a Minimum Wage for Contractors”), with instructions to U.S. Secretary of Labor Thomas E. Perez to issue regulations by October 1, 2014...more

Is Any Use of Medical Info Disparate Treatment?

If an employer administers a post-offer medical exam in accordance with the ADA and keeps the acquired medical information confidential in accordance with the ADA, may the employer then use the information without violating...more

DOL Issues Proposed Rule On New Minimum Wage For Some Federal Contractors

Today the U.S. Department of Labor issued its Notice of Proposed Rulemaking to implement the new minimum wage for certain federal contractors based on the Executive Order that President Obama signed on February 12. The Notice...more

Farm workers denied Coroner’s inquest: greater risk of fatality in mining and construction industries, HRTO decides

The Human Rights Tribunal of Ontario has decided that it was not discriminatory for the Coroner’s Act to require mandatory inquests in construction and mining deaths, but not in farm deaths. ...more

FAR Amended to Clarify Contractor Responsibilities Pursuant to the Defense Base Act

The Department of Defense, the General Services Administration and NASA issued a final rule on May 30, 2014, which amended the Federal Acquisition Regulation (FAR) to clarify contractor and subcontractor responsibilities to...more

No Lawsuit for You! When Subcontractors Cannot Sue the General Contractor

Can a subcontractor sue a general contractor over a work site accident? A recent decision by the Pennsylvania Supreme Court loudly and clearly said, "NO." Why not? The court ruled in Patton v. Worthington Associations, Inc....more

Employee Misclassification Act

The Employee Misclassification Act is a hot button topic at both state and federal levels. The act currently only applies to employers in the construction industry. ...more

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