News & Analysis as of

Labor & Employment Construction

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

The Eclipse, Worker Safety and Triffids.

by Fisher Phillips on

The Eclipse, Workers Safety and Triffids. Tomorrow is the much-awaited Eclipse and employers are beginning to worry that they may not have taken all appropriate steps to protect their employees. Shockingly, OSHA does not...more

North Carolina Governor Signs Law Creating Division to Investigate and Prosecute Employee Misclassification Claims

In 2015, a Raleigh newspaper ran a series of investigative articles focused on construction industry members that classified a large portion of their workers as independent contractors instead of employees. The articles...more

OSHA and Workplace Violence: What Contractors Need to Know

Although most contractors go to great lengths to promote jobsite safety, the fatal injury rate in the construction industry – which employs almost 6.5 million people – still exceeds that of any other U.S. industry. The...more

Mine Safety and Health Administration (MSHA) Regulatory Plan Backs Off On New Silica Rule, Keeps Workplace Exams Rule

by Conn Maciel Carey LLP on

Mine Safety and Health Administration (MSHA) has a distinctly less ambitious regulatory plan on its plate with the start of the Trump Administration, in line with the campaign promises the President made last year to reduce...more

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

by Jones Day on

On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more

Missouri Law Prohibits Costly Public Project Labor Agreements

by Jackson Lewis P.C. on

On May 30, 2017, Missouri Governor Eric Greitens signed legislation generally barring public entities from requiring job-specific union contracts called “project labor agreements” on public construction projects. The...more

Trump Admin. Pumps the Brakes on New OSHA Rules in its First Regulatory Agenda

by Conn Maciel Carey LLP on

President Trump was carried to the White House on promises (or threats) of rolling back government regulations. At the CPAC conference this year, Pres. Trump’s Sr. Policy Advisor, Steve Bannon, framed Pres. Trump’s agenda...more

OSHA Issues Safety Fact Sheet On Confined Spaces In Residential Construction

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has issued a new fact sheet to assist residential construction employers in meeting safety standards in confined spaces, such as attics, basements, and crawl spaces. The Fact...more

United we stand. But lawfully.

by Seyfarth Shaw LLP on

Trade union conduct is constantly changing, and our team have observed trends that are reshaping the boundaries, and that have already begun to impact our clients....more

Legal issues for those running construction businesses - (H&S, planning, employment and real estate)

by Dentons on

Welcome to our Summer 2017 round-up of issues relevant to UK construction businesses. Each of the summaries below links to a recent article from colleagues specialising in health and safety, planning, employment or real...more

The Other Shoe Drops: An Update on DOLI Enforcement of Contractor Registration Requirements

by Stinson Leonard Street on

In a move of interest to residential or commercial contractors working in Minnesota, the Minnesota Department of Labor & Industry (DOLI) recently began enforcing a 2012 requirement that all unlicensed contractors register...more

ICE is coming for Undocumented Workers – How to Prevent Corporate Frostbite

by Gray Reed & McGraw on

Whatever your political views, undocumented workers and the businesses that knowingly or unknowingly employ them are coming under the microscope. If you compile recent headlines, you’ll know the President has implemented...more

City of Charleston Changes Workforce Housing Zoning Rules

by McNair Law Firm, P.A. on

The City of Charleston has changed the rules governing the Mixed Use Workforce Housing District Zoning Ordinance in an effort to further diversify housing opportunities for residents....more

Construction Contractors Develop New Safety Helmets

by Jackson Lewis P.C. on

Construction firms are developing new safety helmets designed to provide workers with better protection from falls and to curb fatal injuries, according to a report from Bloomberg BNA. According to government researchers,...more

Jersey City’s PLA Ordinance Found Preempted by NLRA and ERISA and Void Ab Initio

by Genova Burns LLC on

On June 15 U.S. District Court Judge Wigenton determined that Jersey City’s ordinance, in effect since 2007 and providing for tax abatements for real estate developers that sign Project Labor Agreements (PLAs) is preempted by...more

KY OSHA Delays Silica Compliance Date For Construction Industry

by Jackson Lewis P.C. on

In March 2016, Federal OSHA promulgated a final rule on Occupational Exposure to Crystalline Silica for Construction, which established a new permissible exposure limit and contained several ancillary provisions that apply to...more

New Developments at OSHA - July 2017

by Stoel Rives LLP on

OSHA Seeks to Reverse Beryllium Rule For Certain Industries Beryllium, a lightweight metal, presents hazards in the workplace. It is has been linked to lung cancer and Chronic Beryllium Disease, a debilitating lung disease...more

All Small Mentor-Protégé Program Mid-Year Report: Fast Figures Small and Large Businesses Need to Know

The Small Business Administration (SBA) started accepting applications for the new All Small Mentor-Protégé Program (ASMPP) in October 2016, but SBA has seen a surge in applications in the first six months of 2017....more

Failure to Register Public Works Projects with DIR Could Result in Penalties - New California Law Takes Effect Immediately

by Best Best & Krieger LLP on

This week, Gov. Jerry Brown signed into law SB 96, which permits the Department of Industrial Relations to impose fines and penalties on local government agencies for failing to comply with certain prevailing wage laws....more

OSHA Considers Extending Crane Certification Deadline

by Jackson Lewis P.C. on

The Advisory Committee on Construction Safety and Health (ACCSH) of the Occupational Safety and Health Administration met on June 20, 2017, to learn about and give recommendations on OSHA’s proposed rule to extend the...more

Hot List – What’s Happening in the California Legislature 6/26-6/30

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Are We Ever Going to Get OSHA Guidance from the Trump Administration?

by Fisher Phillips on

No one thought that on June 22, we would still not know the Trump administration's enforcement position on the recordkeeping anti-retaliation requirements, including about automatic post-accident drug testing, the Silica...more

OSHA Seeks Feedback on Proposal to Revoke Certain Provisions of Beryllium Rule Applicable to the Construction and Shipyard Sectors

by Littler on

The Occupational Safety and Health Administration (OSHA) is reconsidering portions of a final rule setting standards for occupational exposure to beryllium. The rule, published January 9, 2017, was initially set to take...more

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

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