Labor & Employment Administrative Agency Construction

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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

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

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

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

Davis-Bacon CityCenterDC Case

In a recent decision out of the U.S. District Court for the District of Columbia, Judge Amy Jackson held that the Davis-Bacon Act (“Davis-Bacon”) did not apply to a privately-funded development of privately-maintained...more

District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a...more

Illinois High Court Affirms Viability of Construction Industry Classification Law

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. The...more

Utah Supreme Court "Repudiates" the Federal Multi-Employer Worksite Doctrine

In an unapologetic rejection of a decades-old legal fiction hatched by the federal Occupational Safety and Health Administration ("OSHA") and embraced by Utah Division of Occupational Safety and Health ("UOSH"), on January...more

On Second Thought, Wage Ordinance Does Not Expand Federal Court's Jurisdiction

Miami-Dade County's prevailing wage ordinance, which sets minimum wages on publicly funded construction projects, does not authorize plaintiffs to litigate prevailing wage claims in court under the auspices of the Fair Labor...more

OSHA’s Plan to Air Employers’ Potentially Dirty Laundry Online

Trying to keep your illness and injury reports low profile? According to new rules proposed by the Occupational Safety and Health Administration (“OSHA”), not under their watch! At an estimated cost of $10.5 million per year...more

Argument Report: Are Statutory Penalties Under the Employee Classification Act Constitutional?

Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings?...more

OSHA Wins: Zone of Danger Creates Employer Liability

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

Are The Illinois Labor Department's Administrative Fines Unconstitutional?

Yesterday, the Illinois Supreme Court granted leave to appeal in four new civil cases. We begin our previews of these newest additions to the court’s docket with Bartlow v. Costigan, which raises a variety of constitutional...more

Patton Boggs Insights - December 2012: Agencies: Fatalities, Injuries Decline In 2011

A total of 4,609 workers died on the job nationwide in 2011 compared to 4,690 in 2010, according to preliminary data released recently by the Bureau of Labor Statistics. The equivalent rates were 3.5 and 3.6 per 100,000...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

OSHA Update - "Construction" or "Maintenance" What OSHA Standards Apply?

In most cases, deciding what OSHA standard applies to the work in question is straight forward. When it comes to deciding whether certain work is "construction," subject to OSHA's Construction Standards, or "maintenance,"...more

DOL Settles Debarment Proceeding Against Contractor for Violations of Wage and Benefit Laws While Employee Class Action Remains...

Contractors and Subcontractors Beware! Following a Department of Labor (DOL) investigation into payment practices on two federally funded construction projects in Manhattan: the Ciena Project on East 100th Street and the...more

The Davis-Bacon Corner

It is well-established that general contractors are responsible for their subcontractors’ compliance with Davis-Bacon. Nevertheless, we frequently encounter situations where the general contractor has failed to comply with...more

Charter Cities Are Not Required to Pay Prevailing Wages on Local Public Works Projects

Labor unions have long been at odds with California charter cities over whether such cities must pay prevailing wages on public works projects. While many charter cities have either not exempted themselves from state...more

Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more

Criminal Prosecutor Appeals $200,000 fine in Metron Construction Quadruple Fatality Case

The Toronto Star is reporting that Ontario’s Ministry of the Attorney General has appealed a judge’s decision that imposed a $200,000 fine against Metron Construction in the 2009 scaffold collapse in which four workers...more

Sentencing of Contractor with Minor Role in Project: Deterrence is Key but Size Matters

This post follows a previous post of June 22, 2012, discussing the case of an independent contractor who had been working amongst a group of other parties on the demolition of a few buildings in downtown Nipawin, Saskatchewan...more

Employers Will Be Held Responsible for Their Subcontractors’ Payment of Prevailing Wages

The Davis-Bacon Act is a federal law that requires contractors to pay their laborers and mechanics prevailing wages and fringe benefits for work performed on public works construction contracts funded by federal dollars. Each...more

eTrends - Additional States Join the Federal Department of Labor's Initiative to Detect Misclassification of Employees as...

California and Louisiana recently became the twelfth and thirteenth states, respectively, to enter into a Memorandum of Understanding with the federal Department of Labor ("DOL") as part of the DOL's effort to detect and...more

Huntsville business fined for failing to protect workers' safety

As long as workers are living up to the requirements of their jobs, generally, their employers should have their backs. Workers have certain rights that, if neglected, can mean more than an unpleasant work environment....more

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