Labor & Employment Construction

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Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016),...more

Weekly Update Newsletter - October 2016 #3

SMALL BUSINESS ADMINISTRATION - Small Business Mentor-Protégé Programs - Corrections - The SBA has issued technical corrections to its final rule published in the Federal Register on July 25, 2016 (81 FR 48557),...more

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

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...

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

Another First: CA Prevailing Wage Law Expanded to Cover Material Suppliers

AB 219 Expands Prevailing Wage To Include Deliveries of Ready-Mix Concrete - Since the 1930s, prevailing wages have applied only to construction work, not to the manufacture or delivery of construction supplies....more

Premises Liability

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

OFCCP expands Mega Construction Project Program

The Bureau of Labor Statistics projects that employment in construction and extraction occupations will grow 10 percent from 2014 to 2024 – increasing from 6.5 million to 7.2 million jobs – the biggest increase in any...more

Employment Law Letter - Fall 2016

Connecticut’s system of workers compensation has been in place for over a century with few major changes, and yet it seems we keep coming up with unique circumstances that raise new questions. We’d be surprised if our readers...more

$8 million Prevailing Wage verdict in 2011 for work on the Hilton San Diego Bayfront Hotel

Rent credit from Port District triggered prevailing wage; $8 Million in back wages paid by Hensel Phelps Construction Company - In California Prevailing Wage Law, “public funds” come in many forms. In the case of the...more

Double-Breasted Company Owners, Officers Can Be Indicted for Underpaying Benefit Contributions

The U.S. District Court for the District of Massachusetts held in September that the shareholders and officers of a double-breasted construction company can be indicted and could go to prison if the government proves they...more

California Prevailing Wage: Five Traps to Avoid

PREVAILING WAGE LAW is California's "other" minimum wage. It requires workers to be paid union wages on publicly funded construction projects....more

California Prevailing Wage Law Expanded to Cover Private Projects

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

Third Circuit Deals Blow to Jersey City Ordinance Requiring PLAs on Privately Funded Projects in Exchange for Tax Abatements

Jersey City’s Municipal Code offers real estate developers generous tax exemptions that are designed to spur the City’s economic growth, but the tax incentives have strings attached. Specifically, to receive a tax exemption,...more

Construction E-Note - September 2016

Pokémon Go is the newest craze to hit smartphones, finding colossal success in America. Some estimates claim that five percent of all android users had installed the game on their phones within one week of launch. Nintendo’s...more

Hawaii Labor Department Imposes Massive Penalties, Sends Clear Message to Employers

Taking advantage of a new law that substantially increases penalties, the Wage Standards Division of the Hawaii State Department of Labor & Industrial Relations (“DLIR”) has issued penalties totaling $767,095 to a...more

The Absent Commissioner: After a hearing, who may render a decision on the claim?

Bentley v. Jonathan Piner Construction (NC Court of Appeals, 9/20/16) Plaintiff suffered a right eye injury on March 3, 2014, when working on a construction site.? Defendants denied the claim, arguing that plaintiff was...more

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

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

Considerations for Construction Industry Employers as They Continue to Prepare for New Salary Thresholds Under White-Collar...

These changes to the overtime exemptions will touch almost every employer in the country, but they are likely to have a disproportionate impact on construction-related businesses, which are among the industries projected to...more

OSHA Clarifies Cranes and Derricks in Construction Standard for Moving Grave Headstones, Monuments

Using a crane to move headstones and small monuments is “generally” not defined as construction, but the crane operator is still responsible for stringent worker-safety rules regarding crane operations, the Occupational...more

OSHA’s Final Rule on Crystalline Silica Standards

Earlier this year, the Occupational Safety and Health Administration (OSHA) published its long-awaited final rule ( setting new workplace permissible exposure...more

What Federal Contractors Need to Know to Comply With Fair Pay & Safe Workplaces Rule

On August 25, 2016, the federal government implemented Executive Order 13673, first put forth by the Obama Administration in 2014.Officially known as the Fair Pay & Safe Workplaces rule, and more commonly referred to as the...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #2

B. There is no vicarious liability for an occupier of land for the negligence of an independent contractor on the basis of agency. Heikkila v. Apex Land Corporation, 2016 ABCA 126 [4191]...more

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

Building a future: addressing the Brexit challenge

"Brexit means Brexit" according to Theresa May. But although the Government has now indicated that it is committed to Brexit and achieving the best possible outcome for the UK, no-one knows what form this will take or how...more

Penalties for OSHA Non-Compliance Just Got Stiffer

On November 2, 2015, President Obama signed into law the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. The Act requires numerous federal enforcement agencies, including OSHA, to substantially...more

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