News & Analysis as of

Construction Workers Employer Liability Issues

Robinson+Cole Construction Law Zone

New York’s Highest Court Weighs in on N.Y. Labor Law

N.Y. Labor Law § 241(6) requires owners and contractors to provide reasonable and adequate protection and safety to persons employed at or lawfully frequenting a construction site. If a worker is injured on a construction...more

PilieroMazza PLLC

Call It What It Is: D.C. Cracks Down on Employee Misclassification in Construction

PilieroMazza PLLC on

Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or...more

Littler

NLRB Rescinds 2020 “Election Protection Rule”

Littler on

As anticipated, the National Labor Relations Board (NLRB) rescinded its April 1, 2020 Election Protection Rule, replacing it with the so-called “Fair Choice-Employee Voice Final Rule” on July 26, 2024....more

Robinson+Cole Construction Law Zone

EEOC Builds on Best Practice Guidance Regarding Harassment Within the Construction Industry

In June 2024, the Equal Employment Opportunity Commission (EEOC) issued guidance tailored to the construction industry concerning harassment in the workplace or at the jobsite. The guidance is important for construction...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Releases Guidance for Preventing Harassment at Construction Worksites

Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) offers best practices for employers in the construction industry to prevent and address harassment in the workplace....more

Gray Reed

The Impact of the Federal Trade Commission’s Noncompete Ban on the Construction Industry

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For years, there has been a state-by-state push to restrict or prohibit non-compete agreements that limit workers’ ability to take a job with a competitor after leaving their employer. This movement to boost employee mobility...more

Seyfarth Shaw LLP

EEOC Issues Anti-Harassment Guidance To Construction-Industry Employers

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Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued guidance tailored to the construction industry regarding compliance with anti-harassment laws. This lines up with our prediction in early 2024...more

Littler

Effective July 1, Minnesota Employers Face Increased Scrutiny and Possible Liability for Using Independent Contractors Versus...

Littler on

Governor Tim Walz has signed into law significant changes to Minnesota’s independent contractor and employment laws.  Effective July 1, all employers, as well as their owners, risk significantly increased penalties for...more

Goldberg Segalla

[Webinar] Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay? - May 15th, 12:00 pm - 1:00 pm EDT

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While this webinar will focus primarily on the New York construction aspect of risk transfer, it will be helpful for anyone dealing with risk-transfer issues. The presenters will also discuss activating the employer-liability...more

Saiber LLC

The Saiber Construction Law Column: March 2024

Saiber LLC on

Many construction companies, landscaping businesses and even homeowners hire “day laborers” – people, often immigrants, employed on a temporary basis. These workers are often found outside home improvement stores, through...more

Goldberg Segalla

[Webinar] Labor Law Update: Spring 2024 - April 16th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

Mayer Brown

Legal Developments in Construction Law: March 2024

Mayer Brown on

NEGATIVE CERTIFICATE AND OVERPAYMENT: CAN AN EMPLOYER GET ITS MONEY BACK? An adjudicator ruled that a contractor had been overpaid on an interim payment cycle and should repay the overpayment to the employer. In...more

Gray Reed

Surging Construction Job Vacancies Signal Need to Reevaluate Labor Practices

Gray Reed on

According to a recent ConstructionDive.com article, construction job openings soared in January 2024 marking over a 40% increase from the same period in 2023. Essentially there were approximately 120,000 more construction job...more

Miller Nash LLP

Washington Paid Sick Leave Alert: Construction Worker Definition Clarified by Washington Legislature

Miller Nash LLP on

“You keep using that word. I do not think it means, what you think it means.” – Inigo Montoya, The Princess Bride You may recall our alert just this January regarding a change to the sick leave rules that was uniquely...more

Epstein Becker & Green

Will Illinois Amend the Illinois Freedom to Work Act to Further Limit the Enforceability of Noncompete and Non-Solicitation...

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On January 1, 2022, amendments to the Illinois Freedom to Work Act, 820 ILCS 90/1, et seq. (the “Act”), became effective, trumpeting reforms and limitations on an employer’s ability to enter into covenants not to compete and...more

Perkins Coie

Sick Leave Payout Rule for Washington Construction Workers Takes Effect

Perkins Coie on

Certain construction workers and other employees in the construction industry must be paid the entire balance of accrued and unused paid sick leave if those workers separate from employment before they reach their 90th day of...more

Seyfarth Shaw LLP

Cal/OSHA Approves Emergency Changes to the Silica Standard With Onerous New Requirements For Cutting Stone and Tile Products

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Seyfarth Synopsis: Cal/OSHA’s Standards Board approved the Division’s revisions to the silica standard on an emergency basis, requiring a regulated area, PPE, and air monitoring for any workplace with a stone or tile cutting...more

Littler

Supreme Court of Canada Confirms “Owners” of Construction Projects Are “Employers” Under OHSA

Littler on

The Supreme Court of Canada’s (SCC) decision in R. v. Greater Sudbury (City), 2023 SCC 28 was equally divided (4-4).  In the absence of a majority SCC decision, the City's appeal was dismissed, and the decision of the Court...more

Goldberg Segalla

[Webinar] Labor Law Update: Fall 2023 - December 12th, 12:00 pm - 1:00 pm EST

Goldberg Segalla on

Goldberg Segalla partners Theodore W. Ucinski and Kelly A. McGee will discuss the basics of NY Labor Law §§ 240(1), 241(6), and 200, as well as recent cases of interest from the Court of Appeals and Appellate Division. This...more

Schwabe, Williamson & Wyatt PC

Davis-Bacon Act Regulation Updates: Incorporation of Wage Determination into Contracts

On August 23, 2023, the United States Department of Labor (“DOL”) issued a final rule updating regulations issued under the Davis-Bacon Act. This is the DOL’s first comprehensive update to the Davis-Bacon Act regulations in...more

Seyfarth Shaw LLP

As Snow Season Approaches, OSHA Focuses On Rollover Protection For Tractor Operators

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Seyfarth Synopsis: OSHA has recently highlighted tractor operator safety by increasing use of rollbars or cage frames....more

Robinson+Cole Construction Law Zone

Construction Employers Beware: New, Easier Union Representation Process

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including construction employers, without a secret ballot election.  Initially, it is important to understand that this new...more

Bond Schoeneck & King PLLC

Governor Hochul Signs Roadway Excavation Quality Assurance Act Into Law

August 24, 2023 By: Natalie C. Vogel On Aug. 16, 2023, Gov. Kathy Hochul signed the Roadway Excavation Quality Assurance Act (the Act), S.4887/A.5608, into law. This new legislation guarantees prevailing wages to construction...more

Nossaman LLP

Major Changes Coming for the Davis-Bacon Act

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Federal prevailing wage law, known as the Davis-Bacon Act and Related Acts (Davis-Bacon Act), is applicable to almost every federal and federal-aid project.  The rules governing the Davis-Bacon Act have been essentially...more

Troutman Pepper

US DOL Updates Prevailing Wage Rules for Construction Industry

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On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication...more

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