Construction Workers

News & Analysis as of

Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was...more

Illinois High Court Affirms Viability of Construction Industry Classification Law

The Illinois Supreme Court recently rejected a constitutional challenge by a roofing contractor who alleged the Illinois Employee Classification Act (ECA) violates procedural due process rights and is impermissibly vague. The...more

Construction Injuries Deserve Full Compensation

Construction accidents happen in Pennsylvania every day. In the summer of 2013, for instance, a six-story building under construction on the campus of Temple University partially collapsed, severely injuring several...more

Backhoe Operator Swings Worker Around “Four Full Rotations”, Convicted Of Criminal Assault

In a bizarre case, a backhoe operator has been convicted of assault under the Criminal Code after he tried, in a fit of rage, to throw a co-worker off the backhoe by rotating the machine four full rotations while the worker...more

Increase to Federal Construction Minimum Wage May Mean Little

It has been widely reported that during his State of the Union address the President will announce a plan to issue an executive order requiring construction workers on federal projects be paid a minimum wage of at least...more

Sixth Circuit Holds General Contractor Can Be Liable in Discrimination Suit Brought by Sub-Contractor's Employees

The Sixth Circuit Court of Appeals recently reversed a district court's ruling granting summary judgment to a general contractor on the question of whether it could be held liable to its sub-contractor's employees as a joint...more

OSHA proposes heightened standards for Crystalline Silica exposure – Opportunity to comment ends January 27

In an attempt to strengthen its Crystalline Silica exposure rule, on September 12, 2013, OSHA proposed significant changes that could result in higher compliance costs and may require additional risk management strategies...more

Vapor Intrusion Risk Insufficient to Trigger EIR for Urban Infill Project

In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration...more

Contractor Qualifier Beware – Failure to Supervise Could Lead to Jail Time Under New California Law

As we ring in the new year, we welcome new laws, some of which will impact California contractors. In August 2013, California Governor Jerry Brown signed SB 262 into law (effective January 1, 2014), which is intended to...more

Contractors Need to Update Policies and Procedures to Provide Recovery Periods for Outdoor Workers

Contractors and other employers of outdoor workers are affected by the amended California Labor Code, effective January 1, 2014, that provides expanded protection to outdoor workers. Specifically, California Labor Code...more

Contractors State License Board Releases New Complaint Form Aimed at Illegal Advertising

The California Contractors State License Board (“CSLB”) has released a new complaint form aimed at illegal contractor advertising. Under California Business and Professions Code section 7048, a California contractors...more

New California Law Permits Expanded Use of Construction Managers At-Risk in Public Contracts

On October 3rd, Governor Jerry Brown signed into law Senate Bill 328 which permits counties to enter construction manager at-risk agreements for construction of projects over $1 million. Counties now join other public...more

Five Major Terms Construction Contractors Need to Worry About

Most contract negotiations boil down to several key terms. For construction contractors, these are five critical items that you need to carefully consider and negotiate in each of your agreements....more

2014 California Construction Law Update

Approximately 2,000 bills were introduced in the California State Legislature during the 2013-2014 legislative session. Of these, 896 bills made it to Governor Brown’s desk and 800 were signed into law....more

Musings on Necessary Evils and Construction Lawyers

Virginia construction attorney, Christopher Hill, discusses his thoughts on construction lawyers and necessary evils at Construction Law Musings. Construction attorneys can be a helpful resource to contractors and...more

“CRASH!” What to Do After a Construction Site Accident

Unfortunately, construction site accidents are a reality that even the most careful of contractors and subcontractors may encounter. While the time immediately following an accident can be chaotic, keeping a level head and...more

Special Concerns In Construction Accidents

Construction accidents can be fundamentally different from other on-the-job injuries. Construction workers who receive L&I benefits and leave it at that may be selling themselves short. ...more

Wrongful Death Construction Action Settled for $1 Million

On April 3, 2012, a Manhattan construction site became the scene of a fatal accident. Work to extend the No. 7 subway line halted when a 170-foot crane collapsed and showered pieces into the excavated pit below. The crane...more

Construction Site Injuries: Defining Third-Party Claims

Earlier this year, a crane collapsed onto a construction site in Queens, New York, seriously injuring seven workers, three of who were pinned. Although the employees worked for a subcontractor called Cross Country...more

What Will California’s Minimum Wage Hike Mean for Construction in California? Probably Not Much.

This past week, backed by a small army of construction apprentice program students in green hard hats, Governor Jerry Brown signed legislation which will increase California’s minimum wage from its current $8 to $9 per hour...more

$750K Fine For “Extreme” Criminal Negligence: “More Serious” Than OHSA Offences, Says Appeal Court In Metron Construction Fatality...

A $200,000.00 fine was “manifestly unfit”, the Ontario Court of Appeal has ruled, in raising Metron Construction’s fine to $750,000 for criminal negligence after four workers died on Christmas Eve, 2009. The $200,000 fine...more

Safe Work Australia Releases Draft WHS Code of Practice for Construction Work

On 30 August 2013, Safe Work Australia released a revised draft model Work Health and Safety Code of Practice for Construction Work (Code) after it was determined that the original draft Code needed to provide a greater level...more

Governor Quinn Signs Amendments to Illinois Employee Classification Act

On July 23, 2013, Governor Pat Quinn signed into law two separate measures that amended portions of the Illinois Employee Classification Act. That law, which was first enacted in 2008, penalizes contractors who perform either...more

Legal Alert: Georgia Recognizes Defective Construction as an "Occurrence" for Liability Insurance Purposes

The highest court in Georgia has recently added that jurisdiction to the growing list that considers defective construction, including defects in the work of a general contractor, to be an “occurrence” under the general...more

West Virginia Reverses Course to Expand Coverage

In the construction industry, small defects in workmanship can result in dramatic losses. For example, water damage losses arising from an improperly installed bathtub could be many times the cost of installing the tub in...more

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