Construction Workers

News & Analysis as of

Union Construction Unrest at Tesla Gigafactory

The Salt Lake Tribune reports that 350 union affiliated construction workers walked off the job at the Tesla Gigafactory construction site in Northern Nevada, with about 100 of them reportedly actively picketing the project....more

Attention Philadelphia Contractors: Do You Comply with OSHA Training and Supervision Requirements?

The City of Philadelphia has issued new code requirements for construction worker safety training. The new rules went into effect on October 1, 2015, and the Department of Licenses and Inspections has announced that strict...more

New York’s First Department Holds That Fall Caused By a Shock Constitutes a Violation of Labor Law §240(1)

In Nazario v 222 Broadway, LLC, LEXIS 246 (1st Dep’t Jan. 14, 2016). the Appellate Division, First Department held that the motion court erred in dismissing plaintiff’s claim for violation of New York State Labor Law...more

Employment Law Letter - Winter 2016

In our last issue, we reported on an interesting lawsuit filed by about 50 plant construction workers who were out of work for months following an explosion resulting from a “gas blow” at the Kleen Energy facility in...more

OSHA Continues Delayed Enforcement of Confined Space Standard for Residential Contractors

As we discussed last summer, the Occupational Safety and Health Administration (OSHA) issued a new Confined Space in Construction Standard, which went into effect on August 3, 2015 and required heightened training, continuous...more

Labor Shortage: Has Uber Poached All Our Construction Workers?

California’s economy has for the most part rebounded from the Great Recession. The demand for new housing is steadily climbing, and builders are once again buying land and planning new communities. While not to pre-recession...more

Missouri Department of Labor Issues Important Memo on Prevailing Wage

The Missouri Department of Labor (DOL) has issued a very important memo impacting all Missouri construction companies performing work on Missouri prevailing wage projects. The memo clarifies Prevailing Wage Law, Sec....more

Appellate Court Notes

Supreme Court Advance Release Opinions: - SC19330 - Lawrence v. O & G Industries, Inc. - SC19331 - Beamer v. O & G Industries, Inc. Construction companies do not owe a duty of care to workers employed on a job...more

Construction Group News: Workers Cannot Recover Lost Wages from Contractor Responsible for Explosion that Shut Down Project

The Connecticut Supreme Court has held that construction workers whose jobs are affected by the shutdown of a construction project due to an accident cannot bring suit for lost wages against the companies whose negligence...more

Would OSHA “Punt” on Inspecting an NFL Team?

The tragedy this August that claimed the life of one worker and injured another during construction of the new $1.1B Minnesota Vikings football stadium reminded us that serious accidents can happen at any site no matter the...more

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

Indiana Employment Law Update: 5 Changes to Laws You Should Know

A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not...more

Construction-Related Auto Accidents

As any driver in Southern California can attest, our roads and highways are always “under repair”. While these construction zones not only slow down traffic, adding to your already slow drive home from work, they can also be...more

Construction Case Law Update - May 2015

Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more

Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015. However, now that the State Legislature has wrapped up its 2015...more

OSHA Final Rule for Confined Spaces in the Construction Industry

Last week the Occupational Safety and Health Administration announced and issued a 161 page final rule to increase protections for construction workers in confined spaces. 80 Fed. Reg. 25366 (May 4, 2015), which is effective...more

McPhee Electric and Bond Brothers to Pay $120,000 to Settle EEOC Disability Discrimination Suit

Construction Contractors Refused to Hire Applicant Because of His Dyslexia - NEW YORK - McPhee Electric Ltd., a construction company with offices in Connecticut, and Bond Brothers, Inc., a construction management and...more

OSHA Issues Final Rule on Confined Spaces in Construction

The Occupational Safety and Health Administration (OSHA) has issued its long-awaited final rule on construction work in confined spaces. Beginning August 3, 2015, the new confined spaces in construction standard will replace...more

OSHA Announces Final Rule for Confined Spaces in Construction

On May 1, 2015, Dr. David Michaels, the head of the Occupational Safety and Health Administration (OSHA), and Deputy Secretary of Labor Christopher P. Lu announced the issuance of OSHA’s long-awaited Confined Spaces in...more

Multi-Agency Investigation Successfully Targets Arizona and Utah Construction Companies’ Misclassification of Employees

Sixteen Arizona and Utah companies accused of misclassifying more than 1,000 construction workers agreed to pay $700,000 in back wages and penalties after a multi-year, multi-agency investigation led to consent judgments,...more

Head Trauma Is A Construction Site Risk

The U.S. Department of Labor’s Bureau of Labor Statistics reports that approximately 200,000 construction workers are currently employed in Illinois alone. Construction is both a primary industry in the country, and one of...more

If You Build It, They Will Come. But Are There Enough Construction Workers To Get It Done?

In October 2014, the Associated General Contractors of America conducted a survey of nearly 900 construction firms across 48 states and the District of Columbia to discuss construction industry hiring in 2015....more

Lee v. M&H, Wal-Mart - Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation...

Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation Benefits From General Employer. Plaintiff Lee suffered serious injuries while performing clean-up duties during...more

Company that “met or exceeded many industry standards in its operations” still found guilty of OHSA charges

Exceeding industry standards does not, on its own, protect employers from health and safety convictions or fines, a recent court decision shows. A roofing company was charged with two offences under the Ontario Occupational...more

Is your Illinois company protecting you against a trenching injury?

Trenching is an important part of the construction industry. Unfortunately, it is also associated with an elevated rate of injury and death on the job....more

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