News & Analysis as of

Contractors Independent Contractors

Goldberg Segalla

Rise of Transportation Contractors Leading to Complex Coverage Litigation

Goldberg Segalla on

The post-Covid influence over the “gig economy” has led to an expansion of self-employed or by-the-job employed individuals in the delivery and transportation industry. CDL jobs have proven they are not immune to this...more

Snell & Wilmer

Nevada To Implement New Solar Workforce Requirements

Snell & Wilmer on

Changes are coming soon to Nevada’s solar workforce. This could have a seismic impact on Nevada solar companies, as Nevada leads the nation in solar industry jobs on a per capita basis. Under current law, independent...more

Seyfarth Shaw LLP

Navigating the New World of Work: Is Contracting on the Way Out?

Seyfarth Shaw LLP on

Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights - Issue 7, July 2023

Q&A with the Carolina Small Business Development Fund - We are fortunate to have connected with Kevin Dick, the President & CEO, and Emily Blevins, Marketing & Communications Director, of the Carolina Small Business...more

Rosenberg Martin Greenberg LLP

The Justices of the Supreme Court of Pennsylvania Disagree as to What Section 385 of the Restatement (Second) of Torts Means

By: William L. Hallam The American Law Institute, a group of prominent judges, lawyers, and professors, publishes the Restatements of the Law.  According to Brooklyn Law School, “The drafting process of the Restatements is...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #2

Monday, June 5, 2023: Based on Either An Unannounced OFCCP Policy Change Or Error, OFCCP Published A CSAL Identifying 250 “Construction Contractors” For Audit - Via an email to stakeholders, OFCCP announced the publication...more

White and Williams LLP

Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case

In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a...more

Perkins Coie

Labor Law Today—2021 Year in Review

Perkins Coie on

The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority. The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more

Cranfill Sumner LLP

South Carolina Supreme Court Issues Landmark Decision Regarding Contract Workers

Cranfill Sumner LLP on

The South Carolina Supreme Court recently issued a landmark decision, Keene v. CAN Holdings, LLC (August 11, 2021), narrowing the statutory employee doctrine and increasing the likelihood companies can be held liable in tort...more

Cohen Seglias Pallas Greenhall & Furman PC

The Delaware Contractor Registration Act: What Businesses Should Know

In efforts to reduce worker misclassification, the State of Delaware recently enacted the “Delaware Contractor Registration Act,” which requires all businesses performing construction services or maintenance in Delaware to...more

Weber Gallagher Simpson Stapleton Fires &...

What Delaware Contractors Need to Know About the August 1, 2021 Deadline for Registration and the Contractor Registration Act

This is not a drill! (And this pun is intended). All businesses who perform construction or maintenance services in Delaware must register for the new Delaware Contractor Registry by August 1, 2021....more

Porter Hedges LLP

The Texas Supreme Court Clarifies The Scope Of The General Contractor’s Duty Of Care To Subcontractor Employees

Porter Hedges LLP on

In a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site. In JLB Builders, L.L.C. v. Hernandez, the Court upheld the trial...more

Fenwick & West LLP

Santa Clara County Updates Health Order to Require Businesses to Ascertain COVID-19 Vaccination Status of Personnel

Fenwick & West LLP on

In connection with Santa Clara County’s move into California’s yellow COVID-19 tier, the state’s lowest pandemic restriction level under its tier system, the county’s health officer updated its Health Order, effective May 19,...more

Shutts & Bowen LLP

COVID-19 Stimulus Relief and the Construction Industry

Shutts & Bowen LLP on

The $908 billion stimulus package (COVID-19 Relief Package 2.0) that was signed into law on December 27, 2020, which was attached to a $1.4 trillion spending bill to fund the federal government through September, was an...more

Jackson Lewis P.C.

Prop 24 (California Privacy Rights Act) Extends CCPA’s Anti-Discrimination/Retaliation Provision To Employees, Applicants, And...

Jackson Lewis P.C. on

During the California Consumer Privacy Act’s (“CCPA”) amendment process prior to enactment, personal information in the employment context was highly contested and has continued to be a point of deliberation even after the...more

Fox Rothschild LLP

The Passage Of Prop 22 And Future Aftershocks To Come From It

Fox Rothschild LLP on

On November 3, 2020, California voters passed Proposition 22, an exemption from AB5 for app-based drivers and couriers who use personal vehicles/transportation to provide on-demand services. As detailed in previous posts here...more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Proposes Rule Clarifying Parameters of Contractor Relationship

Folks who follow the United States Department of Labor received notification on Monday, September 21, that a significant new rule would soon be announced on Tuesday morning. Secretary Eugene Scalia penned a press release sent...more

Best Best & Krieger LLP

Single Contractor Not Precluded from Providing Both Design and Construction Services

Case Provides Valuable Guidance for Public Agencies Wanting One Contractor for Two Phases - A contractor that had two separate contracts with a school district — one for preconstruction services and the other for...more

Fenwick & West LLP

Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider

Fenwick & West LLP on

Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider Employee or contractor? It can be a confusing question that startups often grapple with, or ignore, as they grow. In this video, Fenwick...more

Cohen Seglias Pallas Greenhall & Furman PC

PA Construction Legislative Update

Harrisburg has seen a number of proposed bills during the past few weeks, many of which will have significant legal impacts on the construction industry. On the top of the list is an anti-indemnity statute that would put...more

Ward and Smith, P.A.

"ITIN Contractors" – What North Carolina Construction Companies Need to Know to Minimize Risk

Ward and Smith, P.A. on

As explained in an earlier article, the North Carolina Department of Revenue (the "NCDOR") has aggressively audited North Carolina construction companies on the issue of whether they are properly withholding with respect to...more

Faegre Drinker Biddle & Reath LLP

Fashion Trends for Design Professionals: Wearing Many Different Hats

With the rise in alternative project delivery systems, design professionals are often expected to provide services beyond those required under the “traditional mode.” As one may expect, this expansion of services can also...more

Littler

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

Littler on

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

Hinshaw & Culbertson LLP

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

Hinshaw & Culbertson LLP on

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and...more

McGuireWoods LLP

10th Circuit Reverses Punitive Damages Against Property Owner Based on Use of “Reputable” Contractor

McGuireWoods LLP on

As we reported earlier this month, courts sometimes disregard the general rule of non-liability for the conduct of independent contractors, and allow liability to be imposed against principals — including for punitive damages...more

44 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide