Labor & Employment Construction

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OSHA Reporting and Recordkeeping Requirements: New Rules Effective January 2015

As of January 1, 2015, the Occupational Safety and Health Act (OSHA) requires employers to comply with new reporting and recordkeeping requirements. There are two major changes....more

The Changing Landscape for Services Contractors

Two recent developments have the potential to change the landscape for contractors providing services to the Government. Government contractors and subcontractors are required to comply with a host of regulations governing...more

California’s Fair Chance Employment Act Targets Construction Contractors

A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite...more

Construction Alert: Federal and Missouri State Changes Not to Overlook

New Federal Minimum Wage Applies to Contracts Entered After 1/1/15 - In the rush of kicking off 2015, don't forget that there is a higher federal minimum wage. Effective January 15, 2015, for all federal contracts (but...more

Your “Independent Contractor” Clause Just Got a Little Less Relevant

Construction projects are complex, multi-partied, multi-disciplinary endeavors, in which subcontracting all or a portion of the work to be performed is not uncommon. When subcontracting work, parties usually make it...more

South Carolina’s Supreme Court Clarifies the Requirements for a Proper Notice of Furnishing Under South Carolina’s Mechanics Lien...

In the recent decision of Ferguson Fire and Fabrication, Inc. v. Preferred Fire Protection, L.L.C., the Supreme Court of South Carolina held that a Notice of Furnishing was valid as long as it provided the owner of the...more

Has OSHA's Recent Shift Created The Most Complex Regulatory Requirements In History?

Pop quiz – What's the difference between a bakery, a liquor store and a lumber yard? According to OSHA, not much, when it comes to its newly-enacted reporting regulations....more

Subcontractor Working on a Federal Project in Tennessee Protected by Tennessee Prompt Pay Act

The operation and applicability of prompt pay acts in various states is something that contractors ignore to their detriment. A recent Tennessee case drives home the importance of understanding the applicability of any prompt...more

Reminder: New OSHA Recordkeeping Rules Took Effect January 1

The federal Occupational Safety and Health Administration’s revised illness and injury regulations took effect January 1 for employers in states with federal OSHA enforcement. States with their own OSHA enforcement programs...more

D.C. Circuit Upholds OFCCP's Disability Affirmative Action Rules

Last year, the Department of Labor’s Office of Federal Contract Compliance Programs issued final regulations requiring that federal contractors subject to Section 503 of the Rehabilitation Act adopt new measures intended to...more

Virginia Public Contractors Beware: Fourth Circuit Upholds Cap on Contractor Recovery for Changed Work

Recently, in Carnell Constr. Corp. v. Danville Redevelopment & Housing Auth., the federal appellate court covering West Virginia, Virginia and the Carolinas upheld a trial court’s determination that a Virginia statute places...more

Temporary Federal Immigration Relief May Help Address Construction Labor Shortages

U.S. Work Authorization to Be Available - A new recruitment source may soon be available to employers for additional workers to do construction or other work. Up to 4 or 5 million presently undocumented people from...more

December 2014 Independent Contractor Compliance and Misclassification Update

SUPPLIER OF INSTALLATION SERVICES FOR LARGE SATELLITE TV COMPANY CANNOT DISMISS IC MISCLASSIFICATION CLAIM BY INSTALLER. A federal district court in Mississippi last month denied cross-motions for summary judgment in an FLSA...more

The One New Year’s Resolution You’ll Want to Keep if You’re Involved in Public Works Projects

New Year’s resolutions are hard to keep. In fact, studies (which I have a sneaking suspicion may have been paid for by the tobacco, donut and vacation timeshare lobbies) have found that only 8% of New Year’s...more

Employment Update: Executive Order 13658 Directs Changes to Minimum Wage for Federal Contractors Starting January 1, 2015

What is Executive Order 13658? On February 12, 2014, President Obama signed Executive Order 13658, “Establishing a Minimum Wage for Contractors,” as a means to increase the minimum wage for workers providing services...more

Executive Orders Impacting Construction in 2015

In 2014 Barack Obama issued over 30 executive orders as promised in his State of the Union Address. At least three of these orders are notable and will impact federal contractors and workers performing construction and...more

Construction And Engineering Briefing - December 2014: Holiday Pay - Counting The Cost This Christmas

It's that time of year again. The decorations are out, Christmas parties are in full swing and the construction industry is gearing up for its annual shut down period. With the holiday season fast approaching, employers will...more

Construction Case Law Update - December, 2014

FLORIDA STATE CASES - Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more

Connecticut Supreme Court Rejects Effort to Read Default Liability Provision into Public Works Payment Bond Law

In a unanimous decision, the Connecticut Supreme Court has declared that a public works payment bond surety does not forfeit its substantive defenses to a bond claim by failing either to pay or deny a claim within the...more

The Construct - December 2014

In This Issue: - Another Perspective: Constructing (and Eating) a Piece of the Energy Sector Pie - An Interview with Melvin Stroble, REM, Project Manager, Energy for Black & Veatch - Executive Order 13658...more

D.C. Circuit Rejects Challenge To Section 503 Regulations Administered by OFCCP

On Friday, December 12, 2014, the D.C. Circuit rejected a challenge by Associated Builders and Contractors, Inc. (“ABC”) to the recent rules promulgated by OFCCP under Section 503 of the Rehabilitation Act protecting...more

D.C. Council Passes “Emergency” Amendments to the Wage Theft Prevention Amendment Act

As we noted in our blog post last month, District of Columbia Mayor Vincent Gray recently signed an amendment to the Wage Theft Prevention Act. As detailed in our post and related client alert, the D.C. Wage Theft Prevention...more

Joint Employers in the Building and Construction Industry

On October 21, 2014, National Labor Relations Board (NLRB or Board) Associate General Counsel, Barry J. Kearny, discussed the litigation, currently before the Board, on the joint employer issue. Kearny predicted that the...more

2015 California Construction Law Update

Over 2,200 bills were introduced during the second and final year of the 2013-2014 legislative session of which 931 were signed into law. For the design and construction industry, the end of the second session, like the end...more

New WA Work Health & Safety Bill and OFSC Dispenses with Requirement for AS 4801 Accreditation

The Western Australian (WA) Government has introduced its long awaited Work Health and Safety Bill 2014 (Bill) and is currently seeking public feedback on the draft legislation. WorkSafe WA Commissioner Lex McCulloch...more

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