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Labor & Employment Civil Procedure Construction

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

by Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

Employers Beware: Indiana Supreme Court Expands the Scope of the “Duty of Care” Owed to a Subcontractor’s Employees

by Fisher Phillips on

In light of a recent decision from the Indiana Supreme Court, Indiana employers—and construction companies in particular—should review their contracts and subcontracts to determine if they have unwittingly assumed a duty of...more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

The Fourth Circuit’s New Test for Joint Employment Under the FLSA and Why You Should Care

The Fourth Circuit Court of Appeals’ recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a challenging standard for general contractors and others that seek to minimize labor...more

Deja Vu: Court Overturns AB 219… Again!

Prevailing Wage Law is California’s “other” minimum wage. It requires workers to be paid union wages on publicly funded construction projects....more

Joint Employer Relationship Between Contractors and Subcontracts Redefined by a Federal Appeals Court

by Best Best & Krieger LLP on

Sweeping changes were made recently by a federal appeals court to the joint employer standard under the Fair Labor Standards Act that make it difficult for a contractor to avoid being considered a joint employer with its...more

Torts – Premises Liability

by Low, Ball & Lynch on

Al Khosh v. Staples Construction Company, Inc. - Court of Appeal, Sixth Appellate District (October 26, 2016) - Under Privette v. Superior Court (1993) 5 Cal.4th 689, an employee of an independent contractor...more

New York Court of Appeals Finds Question of Fact Where Plaintiff Sustained Electric Shock and Fell From Ladder

In Nazario v 222 Broadway, LLC, 2016 N.Y. LEXIS 3534 (N.Y. Nov. 21, 2016), plaintiff was performing electrical work as part of a retrofitting or renovation, and was reaching up while standing on the third or fourth rung of a...more

Ohio Court Reaffirms The Duty And Liability Of An Owner To An Independent Contractor Involving An Inherently Dangerous...

by Reminger Co., LPA on

Ohio has long held that an independent contractor who undertakes a job that involves real or potential danger is owed no duty by the owners. The only exception to the rule is where the owner actively participates in the...more

Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules

by Jackson Lewis P.C. on

A U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe...more

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

by Carlton Fields on

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

Fair Pay and Safe Workplaces Rules ‘Misguided,’ ‘Unlawful’ and Must be Blocked, Says Texas Lawsuit – TRO Hearing Scheduled for...

by Jackson Lewis P.C. on

Several large construction and security industry groups have filed a lawsuit in the U.S. District Court for the Eastern District of Texas to block the heavily criticized Fair Pay and Safe Workplaces Executive Order 13673 and...more

Premises Liability

by Low, Ball & Lynch on

Victor M. Regalado v. Jeffrey M. Callaghan - Court of Appeal, Fourth Appellate District (September 22, 2016) - Generally, when employees of independent contractors are injured in the workplace, they cannot sue the...more

CT Supreme Court Permits a Workers' Compensation Insurer to Sue Third Parties for Reimbursement

by Murtha Cullina on

In a decision to be officially released on September 27, 2016, the Connecticut Supreme Court holds that a workers’ compensation insurer can maintain an equitable subrogation claim against third-party tortfeasors to recover...more

Superior Court Dismisses Wrongful Death Claims Against Maricopa County Based On Plaintiff’s Untimely Notice Of Claim

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Jennifer Anderson recently obtained dismissal of a portion of a wrongful death lawsuit filed against Maricopa County. On January 22, 2014,...more

Delay in OHSA prosecution was not unreasonable: charges not stayed

by Dentons on

Even though the case took more than two years to get to trial, an Ontario court has refused to halt a prosecution of a company under the Occupational Health and Safety Act. Charges were laid against a construction...more

May 2016 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

TELECOM SALES AND MARKETING AGENTS GAIN CERTIFICATION IN IC MISCLASSIFICATION CLASS ACTION. A New York federal district court grants conditional certification of a proposed FLSA nationwide collective action brought against...more

City wins suspension of MOL inspector’s “constructor” order

by Dentons on

A city has won a suspension of a Ministry of Labour inspector’s decision that the city was a “constructor” under the Ontario Occupational Health and Safety Act on a watermain-improvement project....more

Tenth Circuit Expands Withdrawal Liability of Construction Industry Employer

by Jackson Lewis P.C. on

In a case of first impression, the United States Circuit Court of Appeals for the Tenth Circuit held that work performed by a non-union company acquired after a construction industry employer ceased contributing to a...more

New York Appellate Court Finds New York Labor Law 240(1) Does Not Apply to Plaintiff’s Fall Because the Opening at Issue Was Not...

In Vitale v. Astoria Energy II, LLC, 2016 N.Y.App.Div LEXIS 2867 (2nd Dep’t April 20, 2016), Plaintiff was working as a surveyor at a construction site, verifying the accuracy of the location of approximately 200 anchor...more

Employer May Terminate Pre-Hire Agreement with Union, Sixth Circuit Rules

by Miller Canfield on

On April 21, 2016, resolving a situation not previously decided by the Sixth Circuit Court of Appeals, the court held that a construction company that was a party to a pre-hire collective bargaining agreement lawfully...more

Contractor loses lawsuit against city for alleged breaches of OHSA’s asbestos-disclosure rules

by Dentons on

A construction contractor has lost its bid for damages from a city, relying on a little-used section of the Ontario Occupational Health and Safety Act that permits contractors to sue a building owner for damages for failing...more

Unions Win Prevailing Wage Challenge Brought By Charter Cities: Next Stop The Supreme Court?

In City Of El Centro v. David Lanier (State Building And Construction Trades Council Of California, AFL-CIO), the 4th appellate district upheld by a 2-1 majority the constitutionality of Labor Code section 1782, which...more

Williams Mullen Construction Industry Newsletter - Spring 2016

by Williams Mullen on

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

New York’s First Department Holds That Fall Caused By a Shock Constitutes a Violation of Labor Law §240(1)

In Nazario v 222 Broadway, LLC, LEXIS 246 (1st Dep’t Jan. 14, 2016). the Appellate Division, First Department held that the motion court erred in dismissing plaintiff’s claim for violation of New York State Labor Law...more

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