Construction Law, Labor & Employment Law

Is Your Construction Site Title 8 Compliant?

by Thorsnes Bartolotta McGuire LLP on 5/21/2013

Construction provides many needed jobs in California and across the United States. Some economists view the level of construction as a key indicator of a vigorous state and national economy. So it’s important for the...more

Alabama Workers' Compensation Applies In Construction Zone Crash?

by Johnston, Moore & Thompson, Huntsville... on 5/17/2013

Construction zone accidents in Alabama happen more frequently than many people may believe. When a worker is injured or killed in one of these collisions, workers' compensation insurance benefits typically apply....more

Georgia's Illegal Immigration and Enforcement Act

by Ben Shapiro | Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

On July 1, 2013, all employers with more than ten employees will be required participate in the U.S. Department of Homeland Security's E-Verify system in order to obtain a business license as part of the Illegal Immigration...more

Federal Construction Contractors Beware: OFCCP Wants You!

by Scott Kelly | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2013

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Colorado Construction Legislation Update

by Sherman & Howard L.L.C. on 5/13/2013

The 2013 Colorado Legislative Session ended on May 8, 2013. Although construction issues were not at the forefront, a few bills pertinent to the construction industry did appear and pass this Session. This advisory provides...more

Steady As She Goes – Coalition Tweaks Fair Work Laws Creating a Glimmer of Hope for Employers

by Duncan Fletcher | K&L Gates LLP on 5/10/2013

The Policy - Yesterday, the Coalition released its workplace relations policy, The Coalition's Policy to Improve the Fair Work Laws (Policy), which promises that no Australian worker will be worse off and businesses...more

Illinois Construction Site Accident Yields Unprecedented Award

by Hoffman DiMuzio on 5/9/2013

Ronald Bayer fell off an iron beam while working on the construction site of an Illinois warehouse in 2007 and landed head first on the concrete 20 feet below. He sustained severe injuries: paralysis from the chest down and...more

The Engineering and Construction Contract (NEC3): A Comparative Analysis – Part 2

by Richard Ceeney, Lynne Freeman, Laura Riddeck, Vincent Rowan, Hayley Steel | Reed Smith on 5/8/2013

Introduction - In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more

The “Keep Jobs In Colorado Act” Bad for Business, Bad for the State?

by Jared Berg | Sherman & Howard L.L.C. on 5/8/2013

A new law currently being debated in Colorado's legislature could expose companies working on public projects to civil penalties if their workforce does not consist of at least 80% Colorado labor. ...more

Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived

by R. Michael Joyce | Allen Matkins Leck Gamble Mallory & Natsis... on 5/7/2013

In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work" under Labor Code Section 1771 when a developer, in compliance with a fee ordinance, constructed...more

Legislative Alert: Illinois House of Representatives Passes HB 924

by Barbara Adams, Stewart Weiss | Holland & Knight LLP on 5/3/2013

On April 18, 2013, the Illinois House of Representatives passed House Bill 924 on a 60–50 vote. The bill amends the Illinois Prevailing Wage Act (820 ILCS 130/2) to require that all contractors and subcontractors bidding on...more

OSHA Announces Initiative For the Protection of Temporary Workers

by Martha J. Zackin | Mintz Levin - Employment, Labor & Benefits on 5/1/2013

On April 29, the U.S. Department of Labor's Occupational Safety and Health Administration announced an initiative to protect temporary employees from workplace hazards. The initiative, announced through a press release and a...more

Does your construction company use temporary workers?

by Carla Gunnin | Baker, Donelson, Bearman, Caldwell &... on 5/1/2013

OSHA has issued a new memorandum regarding the use of temporary workers. See, April 29, 2013 memorandum from Richard Fairfax. ...more

OSHA Wins: Zone of Danger Creates Employer Liability

by Faith Alejandro | Sands Anderson PC on 4/30/2013

On a construction site, isn’t it enough to protect employees from existing hazards? And what does it matter if no one actually got hurt? The Sixth Circuit recently answered these questions: “No it’s not enough,” and...more

Newly Enacted Legislation Rewrites Florida's Rules on Individual Design Professional Liability

by James Ramsey, Monte Starr | Holland & Knight LLP on 4/29/2013

A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state. ...more

The NEC3 Engineering and Construction Contract: A Comparative Analysis – Part 1

by Richard Ceeney, Lynne Freeman, Laura Riddeck, Vincent Rowan, Hayley Steel | Reed Smith on 4/25/2013

The Engineering and Construction Contract (NEC3) and FIDIC Conditions of Contract for EPC/Turnkey Projects (FIDIC Silver) are both popular standard forms of engineering and construction contract, used on a variety of projects...more

When an On-the-Job Injury Requires an Injury Lawsuit

by Mitchell | Gilleon Law Firm on 4/25/2013

Steven Gorski unwittingly created a legal mess after he was injured on the job in 2006. The construction worker was on site at a construction project in Stockton, CA when a crane operator hit him, causing severe injuries. Mr....more

California Legislative Committees Considering Insurance Bills

by Samuel Sorich | Barger & Wolen on 4/22/2013

Numerous insurance-related bills have been introduced in the California Legislature this year. Legislative committees are now conducting hearings on the various measures. This year’s regular legislative session will end on...more

Supreme Court of Minnesota Upholds Denial of Coverage to Additional Insured in the Absence of Vicarious Liability

by Frederic Giordano, David Osipovich, Andrew Stanton | K&L Gates LLP on 4/22/2013

Introduction - Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision that lends insight into the scope of...more

NLRB: Employer Responsible For Backpay Of Union Representative Allegedly Injured During Workplace Assault

by Mark Theodore | Proskauer - Labor Relations on 4/19/2013

The NLRB has ruled that an employer is liable to lost wages for a union representative who allegedly suffered injuries "after being pushed down a flight of stairs at a work site. The case is Norquay Construction, Inc., 359...more

Nonsubscriber Legislative Update

by Trek Doyle | Winstead PC on 4/16/2013

As we near the end of the regular session of the Texas legislature (May 27), we wanted to give you a quick update on the status of various proposed nonsubscriber-related bills. Similar measures to these have been proposed...more

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

New initiatives from the WSIB in 2013

by Kevin MacNeill, Daniel Mayer, Samantha Seabrook | Heenan Blaikie LLP on 4/11/2013

The Workplace Safety and Insurance Board (“WSIB”) is in a state of flux, with many changes happening now and more on the horizon. In order to keep you up-to-date on the most recent workers’ compensation initiatives, this...more

Alabama Construction Worker Awarded $1.7 million For Injuries

by Johnston, Moore & Thompson, Huntsville... on 4/10/2013

While workers' compensation benefits will work to cover the medical expenses and lost wages that an Alabama worker encounters following a workplace accident or injury, this is not the only source of compensation available in...more

Public Works Contractors Now Required to Use E-Verify System in Pennsylvania

by Valentine Brown | Duane Morris LLP on 4/9/2013

On January 1, the Public Works Employment Verification Act went into effect in Pennsylvania. Signed into law last July, the act requires all Pennsylvania public works contractors and subcontractors involved in projects of...more

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Construction Law › Labor & Employment Law