Construction Law

Read Labor & Employment Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 19, 2013

New Tax Court Decision Highlights Need for Construction Contractors to Consider Expanded IRS Voluntary Worker Classification...

by Jim Archibald, Bruce Ely, Stuart Frentz, William Thistle | Bradley Arant Boult Cummings LLP on 3/15/2013

For years, the question of whether construction workers should be treated as employees or independent contractors has been an important issue that many contractors have overlooked or chosen to ignore. However, a recent U.S....more

Misclassifying Employees Results In $101,000 In Back Wages Charged To Local Business

by Bean, Kinney & Korman, PC on 9/27/2012

Last week, the Department of Labor Wage Hour Division found that a Woodbridge, Virginia construction company misclassified employees as contractors and failed to pay overtime in violation of the Fair Labor Standards Act...more

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

by Susan Milner Parrott | Smith, Anderson, Blount, Dorsett, Mitchell &... on 7/31/2012

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

How ESOPs Can Be Beneficial for Construction Companies

by Sedgwick LLP on 5/10/2012

What Is an ESOP? First and foremost, an ESOP is an employee benefit plan that is qualified for tax-favored treatment under the Internal Revenue Code of 1986, as amended (IRC). However, an ESOP can also be a tool of...more

Confession Is Good For Soul And Equilibrium But Maybe Not Justice

by Allen Matkins Leck Gamble Mallory & Natsis... on 9/22/2011

Recently, I read this article about how the Department of Labor, the Internal Revenue Service and states are targeting pay practices of home builders. This got me thinking about how industry enforcement sweeps can be a very...more

Are You Ready For The Fair Play Act?

by Ruskin Moscou Faltischek on 1/3/2011

On October 26, 2010, the New York State Construction Industry Fair Play Act went into effect. This new statute is likely to have an enormous impact on the construction industry by imposing stringent requirements for any...more

Employment, Labor and Benefits Alert: New York Task Force Continues Aggressive Enforcement Against Employers Who Misclassify Their...

by Mintz Levin - Employment, Labor & Benefits on 6/24/2010

On June 8, 2010, the New York Labor Commissioner announced the results of yet another successful enforcement sweep by the New York State Joint Enforcement Task Force on Employee Misclassification (the “Task Force”). The Task...more

Fenwick Employment Brief

by Fenwick & West LLP on 9/18/2008

IN THIS ISSUE: *Employer's Ignorance of Employee's Medical Condition Leads To Dismissal of FEHA Claim But Survival of CFRA Claim *News Bites Please see full brief for more information....more

IRS Establishes Cross Divisional Team to Combat Improper Tool Reimbursement Plans

by Littler on 2/1/2008

The IRS recently announced a new cross divisional team aimed at cracking down on tool reimbursement plans marketed to the automotive, construction, aircraft, agriculture and other industries that use hand tools as a way to...more