This month, West Virginia Governor Earl Ray Tomlin signed Senate Bill 361, which significantly adjusts the state’s calculation of prevailing wages to establish an amount more reflective of actual earnings in regions across...more
Mechanics lien claims, payment bond claims, stop payment notice claims, delay claims, defect claims, abandonment claims . . .
With the variety of claims unique to construction projects it’s easy to forget that...more
On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4,...more
As we promised previously, we will be keeping you up to date with developments in the General Assembly.
A. On Tuesday, February 24, 2015, the General Assembly’s Labor and Public Employees Committee will conduct an “off...more
Maryland's new prevailing wage law for elementary and secondary school construction projects (HB 727/SB 232 from the 2014 General Assembly session) is in effect. This law requires all such construction projects costing more...more
New Federal Minimum Wage Applies to Contracts Entered After 1/1/15 -
In the rush of kicking off 2015, don't forget that there is a higher federal minimum wage. Effective January 15, 2015, for all federal contracts (but...more
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
Over 2,200 bills were introduced during the second and final year of the 2013-2014 legislative session of which 931 were signed into law. For the design and construction industry, the end of the second session, like the end...more
On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the...more
Decision Impacts Public Works Projects in California -
The California Court of Appeal has ruled that fabrication of materials for a public works project is not subject to California’s prevailing wage law if it occurs...more
In This Issue:
- U.S. Court of Appeals Holds that Physicians’ Employer is Personally Liable for Costs Associated with The H- 1B Process and Obtaining a Waiver of the Two- Year Home Residency Requirement
The 2014 regular session of the Connecticut General Assembly closed with only a few new laws on the books that will affect the design and construction industry. The summaries below highlight the most significant of these....more
I’m not one to reinvent the wheel, so I won’t.
The Case: Sheet Metal Workers’ International Association, Local 104 v. Duncan, Case No. A131489 (August 27, 2014)....more
On August 27, 2014, the California Court of Appeal issued its decision in the long-anticipated Russ-Will case, Sheet Metal Workers’ International Association, Local 104 v. Duncan; Russ Will Mechanical, Inc., Court of Appeal...more
Some New York City service workers could have their wages and benefits doubled following an August 8, 2014, court order removing the last obstacle to implementing New York City’s own prevailing wage law.
California's prevailing wage law generally requires that workers employed on public works projects be paid the local prevailing wage for work of a similar character. In Sheet Metal Workers' International Association, Local...more
On the heels of a new executive order mandating disclosure of labor violations, earlier this month the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released proposed rules requiring federal...more
The California Legislature imposed a new registration requirement for contractors and subcontractors involved in public works projects. Senate Bill 854, passed in June, created a registration program, which went into effect...more
Covered Proposals and Contracts: A new issue facing counsel involved in construction law is the contractor registration requirement (see Stats 2014, ch 28, §§62–63) enacted in June as an amendment to California's prevailing...more
Job creation efforts in Idaho received a boost earlier this month, when a new refundable state income tax credit for new or existing businesses went into effect. The Idaho Reimbursement Incentive Act creates a tax credit that...more
General contractors and their sureties on public works construction projects in California have faced an onslaught of claims, assessments, and lawsuits based on the failure of subcontractors, regardless of tier, to pay their...more
California’s prevailing wage law, set forth in the California Labor Code, provides that each worker employed by contractors or subcontractors on a public works project must be paid not less than the general prevailing wage...more
A number of bills were passed during the Maryland General Assembly’s 2014 legislative session that will impact certain sectors of the construction industry. Ober|Kaler has put together brief summaries of certain key...more
The state prevailing wage threshold for total work done for a municipality or on property or premises owned by a municipality will increase from $14,187 to $15,444 beginning July 1, 2014. ...more
On February 10, 2014, New York City Mayor Bill de Blasio gave his first State of the City address and, shortly thereafter, presented his first budget for consideration by the New York City Council. Although there were few...more
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