Labor & Employment Construction

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.
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Fourth Circuit Decision Opens the Door to Joint Employer Liability for Contractors - Could Your Company Be At Risk?

On January 25, 2017, the Fourth Circuit Court of Appeals[1] dealt a significant blow to the traditional contractor-subcontractor relationship. In finding that a contractor and subcontractor could be considered “joint...more

Change for employers tendering and performing building work

At a Glance - The Turnbull government is likely to secure an earlier commencement date for provisions within an important component of the new Australian Building and Construction Commission laws ('ABCC laws') — the...more

Another Joint Employer Test Makes Its Debut

On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint...more

Fourth Circuit Says Construction General Contractor Responsible to Subcontractor's Employees for FLSA Violations

Under the Fair Labor Standards Act (FLSA) and state wage payment laws, employers are responsible for compliance with wage payment requirements. Plaintiffs cannot sue non-employers claiming overtime or minimum wage violations....more

Beginning of the End for Davis-Bacon?

The federal prevailing wage statute, known as "Davis-Bacon," has been in place for over eighty years. In essence, it requires that union wages be paid on all federal construction projects....more

2017 Minimum Wage Hike: What You Need To Know

Effective December 31, 2016, New York no longer has a state wide minimum wage. In 2017, the minimum wage is based on where employees work. Also, in New York City rates depend on the number of people you employ....more

How Construction May Be Affected by President Trump’s Executive Orders on Immigration

With all the talk about billions of dollars of investment in infrastructure and sweeping reversal of prior executive orders affecting construction labor and federal contracts, it should come as no surprise that President...more

La comisión del condado de Miami-Dade aprueba ordenanza de viviendas para trabajadores impulsadas a través de incentivos

El 20 de diciembre de 2016, la Junta de Comisionados del Condado de Miami-Dade aprobó una ordenanza propuesta por la comisionada Barbara Jordan que dará incentivos a constructores para que ofrezcan unidades de vivienda a...more

Diversity in the construction industry

The impetus to improve diversity in the workplace is growing across the world and in the UK is being driven by growing awareness of the issues and new legislation....more

[Webinar] OSHA's Slips, Trips and Falls Rule Gets a Facelift - February 8th, 1:00pmEST

Only a few decades in the making, OSHA has finally updated its Walking / Working Surfaces Standard, the regulation that governs slips, trips and fall hazards in general industry. Slips, trips and falls are among the leading...more

Los contratos gubernamentales promueven cada vez más los objetivos relacionados con las políticas laborales

El año pasado, el gobierno federal implementó varias normas que exigen que sus contratistas cumplan con ciertos requisitos de trabajo justo. Por ejemplo, una norma federal finalizada en el mes de septiembre exige que los...more

Effective January 22, 2017: NEW I-9 Forms

Employers are required to prepare and retain I-9 Forms for employees. The purpose – to verify an employee’s identity and authorization to work in the United States. The New I-9 Forms should make them easier to complete and...more

2017 California Employment Law Update

Below are some of the new laws going into effect this year that affect the construction industry. Unless otherwise noted, the laws go into effect on January 1, 2017....more

Obama Trumped? Top Five Trump Targets Among Obama’s Executive Orders

The election of Donald Trump will significantly affect companies that contract with the federal government. Trump’s business background and campaign promises suggest many upcoming changes in the way the federal government...more

Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .

We’ve talked about the Privette doctrine before. The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides in general that project owners and contractors are not responsible...more

Reversal of Fortune: AB 219 is Back!

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects. But in recent years, the law in California has EXPANDED well beyond its initial...more

Torts – Premises Liability

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

OSHA Update: OSHA Issues Recommended Practices for Construction Safety and Health Programs

Following the October 18th release of its “Recommended Practices for Safety and Health Programs,” OSHA issued similar Recommended Practices for the construction industry on December 1, 2016. Unlike general industry,...more

EEOC Issues Updated Guidance to Curb National Origin Discrimination

Whether you enjoyed (or not) the most recent Saturday Night Live skit where Alec Baldwin (as Trump) states he is “going to build that swamp,” the fact is that anti-immigrant rhetoric is on the rise following Trump’s promise...more

Legal issues for those running construction businesses

Insolvency issues - A review of the corporate insolvency regime: our Insolvency team recently responded to the government consultation on options for reform of the UK's corporate insolvency regime. It wants the UK to...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

Code Orange Moving to Green: New Building Code for Construction Sector

The passing of the Registered Organisations Bill on by the Senate on Tuesday 22 November 2016 and the passage of the Building and Construction Industry (Improving Productivity) Bill (ABCC Bill) on 30 November 2016 following...more

Charter Cities: No Longer an Oasis From CA Prevailing Wage

The Number of Charter Cities Exempt from Prevailing Wage Has Dropped from 52 to Almost None in Less Than Two Years - A charter city is a city that governs itself by adopting a "charter" - sort of a municipal...more

Wow! OSHA Releases Massive Rule Updating General Industry Standards on Walking-Working Surfaces

Seyfarth Synopsis: Despite Congressional direction to the contrary, OSHA just adopted a significant 500+ page final rule on industry, and only provided employers sixty days to comply! Despite a Congressional “request”...more

Government Contracts Legislative and Regulatory Update - November 2016

We are pleased to send you the November edition of "Government Contracts Legislative and Regulatory Update," which offers a summary of the relevant changes that took place during the month of October. Highlights this month...more

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