Construction Workers

News & Analysis as of

Let’s Keep the Scaffold Safety Law Just the Way It Is

It seems that state legislatures have an eye to change the New York Scaffold Safety Law. The Executive Director of the Lawsuit Reform Alliance of New York, Tom Stebbins, said his organization would like to make changes to the...more

A Wolf in Sheep's Clothing is Still a Wolf: The FLSA Regular Rate and Breach of Contract

Recently, I read about a construction contractor in Los Angeles caught in the middle of litigation between its subcontractors and the city, on behalf of the subcontractor’s former employees. According to the employees, the...more

Construction Case Law Update - November 2014

Personal Injury Liability, Design Standards, Slavin Doctrine, and Certorari Jurisdiction – Certiorari jurisdiction can arise where two parties in the same legal position move for summary judgment under the same theory...more

Supreme Court Declines to Hear Challenge of Illinois Independent Contractor Classification Law

On October 14, 2014, the Supreme Court of the United States refused to consider a challenge to the Illinois Employee Classification Act, which classifies workers in the construction industry as employees unless they can meet...more

The Construction Advantage – Issue 10

Wyoming Supreme Court Concludes Contractor to Pay For Damages In Excess of Original Project Cost - An opinion released in a mid-August from the Wyoming Supreme Court concluded that repair damages were appropriate in a...more

State and Federal Departments of Labor Joining Forces to Fight Employee Misclassification

Last month, major North Carolina newspapers ran a series of investigative reports alleging that construction companies with federal contracts routinely misclassify employees as independent contractors. While these articles...more

Shopping Mall Owner Permitted to Sue Union Protesters for Trespass and Nuisance

The Ninth Circuit has revived a Brea shopping mall owner's lawsuit alleging trespass and nuisance claims against union carpenters. The union purportedly picketed and demonstrated disruptively and destructively at a store...more

Seeing Pink

It’s not often that you see guys in pink hard hats. So I had to take a picture when I saw these guys on my drive into work this morning...more

Construction Case Law Update - October 2014 #2

Disputes over a mediation agreement’s validity must be resolved prior to a court ruling on discovery requests regarding matters potentially settled by the agreement. A dispute arose after Jilco, Inc. (“Jilco”) subleased a...more

Road workers and the risks they face in Illinois

The elevated risk of work zone accidents to road workers, relative to many professionals laboring in different fields, may be intuitive. These workers labor in road construction work zones, which are located in unavoidably...more

Construction E-Note - September 2014

In This Issue: - Arbitration Panel Misconstrues Contractor Licensing Law: Court Allows Decision to Stand - Expect New Sports Stadiums - as Long as They Make Money for the State - OSHA Proposes New Injury...more

Final Rule Raising Minimum Wage for Federal Contractors

The Secretary of the U.S. Department of Labor (DOL), Thomas Perez, recently issued the final rule raising the minimum wage for workers on federal service and construction contracts to $10.10 per hour. The final rule enacts...more

Construction Case Law Update - October 2014

Applying the Ameris factors, the Middle District of Florida abstained from and dismissed indemnitor’s declaratory judgment action to determine indemnity provision’s (1) scope, (2) duty to defend against third-party...more

Third Party Cases and Right to Lien

3rd Party Cases - In New York, to use one example, you have the right to file a lawsuit against a third party if that party might be responsible for your injuries. These cases can result in verdicts that reach into the...more

EEOC Sues Texas Oilfield Services Company for Retaliation

Garrison Contractors Fired Its Only Female Oilfield Roustabout After Reporting Sexual Harassment, Federal Agency Charges - DALLAS - An Iraan, Texas oilfield construction and services company violated federal...more

Overhaul of the Building and Construction Industry Payments Act 2004 (Qld): How the Changes Will Impact You

Introduction - The amendments to the Building and Construction Industry Payments Act 2004 (Qld) (BCIP Act) were passed on 11 September 2014 and received assent on 26 September 2014. The changes contained in the...more

The Construction Advantage – Issue 9

In our ninth issue of The Construction Advantage, we provide you with a new case, a new statute and updated OSHA rules and requirements. We hope that this newsletter has been helpful and informative to you so far in 2014....more

Construction Case Law Update - September #2 2014

FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more

Connecticut Supreme Court Construes “Active Interference” Exception to “No-Damage-for-Delay” Clause

C&H Electric, Inc. v. Town of Bethel, 312 Conn. 843, 2014 Conn. LEXIS 263 (Aug. 5, 2014) - This dispute arose out of a project to renovate and build an addition at a high school in the Town of Bethel, Connecticut. The...more

The Jury is Still Out On The Effectiveness Of The “Calderon Process”

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction...more

Construction Alert: "Texas Supreme Court Sinks Port Authority's Ship - Port Authority's No Damages for Delay Clause Held...

The Texas Supreme Court recently issued an important decision regarding “no damages for delay” clauses in construction contracts. In Zachry Construction v. Port of Houston Authority, the Court found that the owner, the Port...more

The Hardhat of the Future, Today . . . or, Rather, Next Month

Wearable tech seems to be all the rage, from Google Glass to Apple’s just announced Apple Watch. Even Hollywood seems to be jumping on the wearable tech bandwagon with Tom Cruise starring as a reluctant (and, at least...more

Construction & Land Use Newsletter - September 2014

In This Issue: - Water, Water, Everywhere - D.C. Office of Planning Takes a Stand Against Pop- Ups with New Zoning Text Amendment - Excerpt from Water, Water, Everywhere: Despite the lingering...more

Federal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona

On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through...more

Reminder: Just Being Incorporated Isn’t Enough

Being incorporated isn't enough for a construction company to keep its assets protected. As a contractor or subcontractor you need to keep up the corporate formalities to avoid the possibility of personal assets being on the...more

103 Results
|
View per page
Page: of 5