In response to reports of alleged abuses of the H-1B (temporary specialty) and L (international transferee) visa categories, lawmakers in both the House and Senate appear to agree that major reform and increased enforcement...more
On October 14, 2013, the Senate introduced a bill (S3012) that would severely punish repeat violators of the prevailing wage law. Specifically, the bill would grant the commissioner authority to issue a stop-work order...more
In its sixth and final unanimous civil decision of the morning, the Illinois Supreme Court adopted a narrow construction of the exemption for public utilities provided under the Prevailing Wage Act. Reversing a decision of...more
The Illinois Supreme Court has announced that it will hand down decisions tomorrow morning in six civil cases argued during the September term of the Court (exactly half the docket from that term). The cases are...more
In this Reference Guide:
- Wage/Hour Legislation
- Prevailing Wage Legislation
- Anti-Retaliation Legislation
- Employee Leave Legislation
- Discrimination/Harassment Legislation
Charter cities were pleased with the California Supreme Court decision in State Building and Construction Trades Council of California AFL-CIO v. City of Vista, which permitted charter cities to avoid the requirement for the...more
On October 31, 2013, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that employers with time-sensitive recruitment or prevailing wage determinations that did not timely submit PERM...more
Governor Jerry Brown recently signed bills enacting several new employment statutes, marking the end of the California Legislature’s 2013 regular session.
Increase of Minimum Wage to $10 per Hour by 2016 (AB 10)...more
The California Legislature concluded its 2013 regular session on September 12 with a flourish, sending a total this year of 896 bills to Governor Jerry Brown for approval (of 2,256 introduced). By the signing deadline last...more
Governor Jerry Brown has signed into law a bill that extends the deadline to serve a prevailing wage penalty assessment on employers.
AB 1336 amends the California Labor Code, extending the 180-day prevailing wage...more
SB 7 Could Face Legal Challenges -
A charter city’s right in California to exempt itself from the payment of state prevailing wages on locally funded public works projects was placed at risk by the passage of Senate...more
When does an independent contractor become a public utility? That's the question the Illinois Supreme Court debated during the September term in People ex rel. Department of Labor v. E.R.H. Enterprises, Inc. Based upon the...more
Our previews of the oral arguments on the Illinois Supreme Court’s September docket continue with People ex rel. Department of Labor v. E. R. H. Enterprises, Inc.
E.R.H. began in 2008 when the Labor Department issued...more
Mayor of the City of New York v. New York City Council, No. 451369/2012 (N.Y. Sup. Ct., N.Y. Cty. Aug. 5, 2013): In a decision that pitted the Bloomberg administration against the New York City Council, a New York state court...more
In Carrion v. Agfa Construction, Inc., the Second Circuit Court of Appeals recently reaffirmed its prior interpretation that there is no private right of action under the Davis-Bacon Act (DBA) to recover prevailing wage or...more
Carrion v. Agfa Construction, Inc., Nos. 11-5098, 11-5334 (2d. Cir. June 13, 2013): On appeal from an order by District Judge Brian M. Cogan in the U.S. District Court for the Eastern District of New York, the...more
Don’t mess with the California Labor Commissioner.
Julie Su, California’s Labor Commissioner, has been making headlines recently as California’s Division of Labor Standards Enforcement...more
Last week the Second Circuit issued an opinion reaffirming that the Davis-Bacon Act preempts state law claims by workers to enforce prevailing wage rates as third-party beneficiaries to a contract....more
Determining whether the Prevailing Wage Act applies to certain components of a public works project often requires a fact-specific analysis. ...more
As previously reported, on March 22, 2013, USCIS temporarily suspended adjudication of most H-2B petitions while the government considered appropriate action in response to the Court Order in Comite de Apoyo a los...more
The Department of Labor has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs...more
On July 2, 2012, the California Supreme Court issued a decision that launched early fireworks throughout the state, either in celebration or alarm, over its far-reaching impact on public works projects. In State Building...more