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Subcontractors Contractors Employer Liability Issues

Perkins Coie

District Court in Texas Blocks DOL Wage Rules Under Davis-Bacon Act

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The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act...more

PilieroMazza PLLC

Construction Industry Wage-and-Hour Issues: 6 Tips for Laying a Foundation of Compliance

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The construction industry feeds a significant part of the U.S. economy, providing millions of short- and long-term jobs across the country on an annual basis. Since the passage of the Infrastructure Investment and Jobs Act in...more

Littler

Unions Get OK to File Prevailing Wage Claims on Behalf of Workers in New Jersey Regardless of Whether They Are Members

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On January 8, 2024, Governor Phil Murphy signed S1438 / A5794, which amended New Jersey’s State Prevailing Wage Act to permit unions to file prevailing wage claim suits on behalf of workers on covered projects regardless of...more

Quarles & Brady LLP

Navigating the New Terrain - NLRB's New Joint Employment Standard

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On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule on joint employment, reversing its previous standard set in 2020. Employers that have potential control or influence over another entity’s...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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 1, January 2023

Contech Trends to Watch in the New Year - “As builders adapt to economic, supply chain and labor challenges, they’re turning to technology to boost performance.” Why this is important: All of the turmoil of 2022 (the...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 12, December 2022

Welcome to the 12th and final issue of the year for The Site Report. Top Three Construction Disputes and How to Avoid Them - Construction professionals sometimes feel as if it is déjà vu when it comes to disputes—and they...more

Bowditch & Dewey

Connecticut Private Employer Law Update

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The 2022 Regular Session of the Connecticut General Assembly produced several laws governing the private employment sector. This article summarizes the major points of those laws....more

Venable LLP

Don't Get Nailed: How General Contractors May Avoid Getting Hammered Under New York's Construction Wage Theft Law

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As you know - in a move dramatically expanding wage liability for most construction contracts created or modified on or after January 4, 2022 - the New York State legislature amended the Labor Law last year to hold a general...more

Cranfill Sumner LLP

South Carolina Supreme Court Issues Landmark Decision Regarding Contract Workers

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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

Proskauer - Law and the Workplace

New York Legislates Joint Wage Liability for Construction Industry Contractors

On September 6, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill S2766, which makes contractors in the construction industry jointly and severally liable for wages owed to employees of its...more

Fenwick & West LLP

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

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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

Employer Insights: Florida’s E-Verify Requirements in 2021

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Last year, a new law was enacted requiring public and private employers to comply with Florida’s new E-Verify mandates, with Fla. Stat. § 448.095 of the Florida Statutes taking effect on January 1, 2021. The law makes the use...more

Sands Anderson PC

New Law Adds Substantial Penalties for Wage Violations and Makes General Contractors Liable for Subcontractor’s Payment of...

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New legislation effective July 1, 2020 amends Virginia Code § 40.1-29, which governs employer liability for payroll violations, and enacts a new section, Virginia Code § 11-4.6, which deems general contractors to be employers...more

White & Case LLP

Construction contracts: vesting of title to goods

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When does title to goods transfer from a contractor to an employer? This can be a critical issue, especially when a party to a project has become insolvent. A recent English case considered this issue, and the application of...more

Fisher Phillips

Worrying Challenges in Performing Embedded or Plant Shutdown Work.

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After 35 years of practice, certain issues keep me awake at night. One concern is about contractors working onsite or embedded in a working plant or other facility. Examples include year-round or shutdown work at power...more

Beveridge & Diamond PC

Fifth Circuit Upholds OSHA’s Multi-Employer Citation Policy

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The Fifth Circuit has now joined the seven other Courts of Appeals that have rejected challenges to the Occupational Safety and Health Administration’s (“OSHA”) Multi-Employer Citation Policy. In Acosta v. Hensel Phelps...more

Davis Wright Tremaine LLP

California Employment Legislation Update: What’s New for 2019

A number of new and significant California employment laws have been added to the books and will take effect on January 1, 2019. Employers should take note of the following key statutory developments and adjust their policies...more

Miles & Stockbridge P.C.

New Maryland Law Greatly Expands Contractor Liability Regarding Wage Payment and Collection

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On October 1, 2018, Maryland Senate Bill 853, also known as Maryland’s General Contractor Liability for Unpaid Wages Act, went into effect, expanding the liability of a general contractor on a construction project under the...more

Searcy Denney Scarola Barnhart & Shipley

Construction Sites - Hazards to the Public

Construction Site Dangers - Construction sites abound not only in South Florida but also across the state and throughout the country. Residential communities are being built and so are shopping plazas to serve them....more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Baker Donelson

No, Governor Hogan Did Not Veto Maryland's General Contractor Liability for Unpaid Wages Act

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Many of you read with interest our recent article discussing Maryland's new law, the General Contractor Liability for Unpaid Wages Act. As we outlined in the article, that law makes a construction general contractor jointly...more

Saul Ewing LLP

New Maryland Law Makes General Contractors Liable for Paying Their Subcontractors’ Employees

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At the tail-end of the 2018 legislative session, the Maryland General Assembly passed Senate Bill 853, making construction general contractors jointly and severally liable for the failure of their subcontractors to pay their...more

Clark Hill PLC

Limit of a General Contractor's Liability Under the Common Work Area Doctrine

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The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’...more

Sheppard Mullin Richter & Hampton LLP

Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

As of January 1, 2018, direct contractors in California who make or take a contract “for the erection, construction, alteration, or repair of a building, structure, or other private work” are jointly and severally liable with...more

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